View Full Version : Fedex driver (I think) is getting into my stuff!
pokergooch
05-17-2009, 11:25 PM
I get my OC's via the Purdue Patient Assistance Program. They are sent via Fedex. 3 years ago someon stole 37 pills from my bottle, I couldnt do a thing about it. Then they started putting the bottle in a plastic bag that is sealed. it says on the bottom "If the seal has been broken contact the pharmacy asap"
Well, first off, Fedex says that they first attempted at 1:30pm but didn't leave a tag, when I called them they said that they would re attempt because it wasnt supposed to come til atleast 3 so the operator said they would come after that. then 5 oclock came and went, called in again, Fedex said this time that they dont re attempt a second time the same day, fuckers just contradicted themselfs. Then they told me to go to the fedex building at 5:30. The driver didnt even show up til aver 6:30. then they started giving me shit for not having my door hanger, THEY DIDNT FUCKNG GIVE ME ONE! finally the driver shows up, show them m id, ect and get my package.
That evening I open it up. You got it, the plastic bag inside was open. I didn an immediate count and yep, 24 are misssing. Too late to call the pharmacy, all I could do is call fedex and file a report. I told them to drugtest all drivers that had access to the package and they would find the culprit. Now, ive got to go thru a whole bunch of shit. I guarantee the pharmacy is going to tell me to talk to my doc, and fedex and going to do shit.
What pisses me off more is that someone opened up my shit. I feel violated. ITs hard to explain. If the bag was sealed, I would think that the pharmacy shorted me (happened once before) but the bag was obv opened. so, most likely, they will be on.
What should I do guys? Im going to talk to the pharmacy tomorrow, but this will make me almost a week short.
May Karma beat the shit out of the asshole that stole them... Im 90 percent sure its the Fedex driver, if not mine, somewhere in the fedex system. Sure was funny how i didnt get door hang ect.
Im one pissed of MO FO
theDeanofGreen
05-17-2009, 11:42 PM
I work for Fed Ex's main competition and unfortunately I hear about package theft within the warehouse more than I would like, I am not a driver but all the drivers I know act professional and wouldn't even THINK of fucking with a package in this kind of economy where they can be fired for no reason and replaced by a lesser paid person. If they are not doing somthing about this soon I would suggest getting aggressive and saying things like "If somthing is not done I will be taking legal action". That is NOT over reacting, they are responsible for your parcel while it is in their possesion no matter how valuable and not responding immediatley and activley to a report of theft is unacceptable, I am so sorry to hear this is happening to you, give us an update!
Junkindatrunk
05-17-2009, 11:46 PM
That is unbelievable shit. You should threaten legal action. This is prescription MEDICINE we are talking about. You can really use that, it's like, what if he took heart medicine etc. What's the real difference? This is a major violation of conduct and trust, and whoever is responsible should be held accountable. They are taking something someone NEEDS. It's not like its some weird ass salvia or anything, this is PRESCRIPTION. HOLY SHIT I'm all pissed now, and it didn't even happen to me.
Let's hope no one judges you based on what it was.
SHELLEY
05-18-2009, 05:16 AM
stealing is stealing is stealing is stealing
just because it's "medicine" doesn't make it any worse (or better)
than any other type of theft of anything
sucks that ya got robbed though
OxiContinKing
05-18-2009, 05:30 AM
Ill bet that if you stir the pot a little bit, they will find out who did it.
I'd also bet that if he stole something from you, via his job (fedex), chances are this isnt the first time that he had done something like this, or that you are the first person that he has done this to.
If you can put some pressure on fedex, and they will find the fucker if they want too...
If not, next month I would just be sitting on the porch waiting for the motherfucker, and when he comes, my pills better be straight, if not, niether him or that fuckin truck would be moving. Then the tow truck and come get the fedex truck, but you might as well send the hurst for the driver. Stupid fuck.
I hope this situation gets straightend out, and please do keep us updated. I'd really like to know how this turns out.
hovadagod
05-18-2009, 05:44 AM
Let me give you a piece of advice from the uniform commercial code. When you sign for goods indicating that you have in-fact received them, you are essentially waiving your right to protest the delivery in the future. You signed for it after-all. Now I am not saying you don't have legal recourse against fedex b/c you do and if you can prove that fedex stole the pills you can also sue for pain and suffering for not having the pills. Back to UCC. So when you sign for the package next time you can do so under protest. Above your signature write UCC 1-207 WITHOUT PREJUDICE or UCC 1-207 ALL RIGHTS RESERVED. This means that although you signed for the package, you did so under protest b/c you NEEDED the portion of the goods or didn't know if it contained exactly what you ordered. Like maybe you know it contained a worse form of what you ordered (like watered down alcohol) but you still need the goods to fill YOUR contracts (if you don't take the alcohol then you'll be sued by all the people relying on your alcohol arriving as stated in their contracts). This is called mitigation. You have to mitigate your damages or you can't sue for them. You can;t just let the world fuck you and sue for it. So what you do is you sign without prejudice which means you retain your right to dispute the delivery of goods but also can keep the portion of goods that were actually delivered. The alternative would be refusing delivery but obviously, as far as pain and suffering damages go (mitigation is key), some oxy is better than no oxy. I know this is very technical but you shouldn't sign for a package when there is a strong chance it will not contain what you paid for. You should sign without prejudice. That way fedex will understand that they can't just screw you (when they see the signature) and a lawyer will have some good arguments to make for you.
OxiContinKing
05-18-2009, 06:11 AM
Let me give you a piece of advice from the uniform commercial code. When you sign for goods indicating that you have in-fact received them, you are essentially waiving your right to protest the delivery in the future. You signed for it after-all. Now I am not saying you don't have legal recourse against fedex b/c you do and if you can prove that fedex stole the pills you can also sue for pain and suffering for not having the pills. Back to UCC. So when you sign for the package next time you can do so under protest. Above your signature write UCC 1-207 WITHOUT PREJUDICE or UCC 1-207 ALL RIGHTS RESERVED. This means that although you signed for the package, you did so under protest b/c you NEEDED the portion of the goods or didn't know if it contained exactly what you ordered. Like maybe you know it contained a worse form of what you ordered (like watered down alcohol) but you still need the goods to fill YOUR contracts (if you don't take the alcohol then you'll be sued by all the people relying on your alcohol arriving as stated in their contracts). This is called mitigation. You have to mitigate your damages or you can't sue for them. You can;t just let the world fuck you and sue for it. So what you do is you sign without prejudice which means you retain your right to dispute the delivery of goods. I know this is very technical but you shouldn't sign for a package when there is a strong chance it will not contain what you paid for. You should sign without prejudice. That way fedex will understand that they can't just screw you (when they see the signature) and a lawyer will have some good arguments to make for you.
Let that be the lesson of the day, folks.
Great fucking information, +1.
hovadagod
05-18-2009, 06:32 AM
This is the section of the UCC.
§ 1-207. Performance or Acceptance Under Reservation of Rights.
(1) A party who with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest" or the like are sufficient.
Woody Bear
05-18-2009, 06:32 AM
I live in the UK, so American law doesn't apply over here.
What I do when signing for packages, is cross out the part saying "Goods received in good condition" and write "Goods Unchecked". If there's just a space for my signature, I'll write in that space, "Goods Unchecked", and then sign my name.
That way if the items arrived damaged, I can say that I didn't have time to open all the boxes and check them first, as the delivery driver wouldn't let me.
I learnt this when I worked in a shop, and the owner told me to do this, as otherwise the delivery company could claim that it wasn't their problem if something was damaged or missing.
I live in the UK, so American law doesn't apply over here.
What I do when signing for packages, is cross out the part saying "Goods received in good condition" and write "Goods Unchecked". If there's just a space for my signature, I'll write in that space, "Goods Unchecked", and then sign my name.
That way if the items arrived damaged, I can say that I didn't have time to open all the boxes and check them first, as the delivery driver wouldn't let me.
I learnt this when I worked in a shop, and the owner told me to do this, as otherwise the delivery company could claim that it wasn't there problem if something was damaged or missing.
yeah, that's a good idea too.
lots of good info in this thread.
hovadagod
05-18-2009, 06:40 AM
I live in the UK, so American law doesn't apply over here.
What I do when signing for packages, is cross out the part saying "Goods received in good condition" and write "Goods Unchecked". If there's just a space for my signature, I'll write in that space, "Goods Unchecked", and then sign my name.
That way if the items arrived damaged, I can say that I didn't have time to open all the boxes and check them first, as the delivery driver wouldn't let me.
I learnt this when I worked in a shop, and the owner told me to do this, as otherwise the delivery company could claim that it wasn't their problem if something was damaged or missing.
The UCC is not American law. It is a uniform code adopted my almost every country you'd ever do business in or with. If you read it, it looks like it was drafted for international transfer of goods but States have adopted their own versions. Countries are created by agreements that follow the rules in the UCC.
hovadagod
05-18-2009, 06:43 AM
I live in the UK, so American law doesn't apply over here.
What I do when signing for packages, is cross out the part saying "Goods received in good condition" and write "Goods Unchecked". If there's just a space for my signature, I'll write in that space, "Goods Unchecked", and then sign my name.
That way if the items arrived damaged, I can say that I didn't have time to open all the boxes and check them first, as the delivery driver wouldn't let me.
I learnt this when I worked in a shop, and the owner told me to do this, as otherwise the delivery company could claim that it wasn't their problem if something was damaged or missing.
By doing this you are reserving you're rights. You're doing the same thing without realizing it is UCC law. The form that you are looking(with the goods received in good condition) at was drafted with the UCC in mind.
lespaulpower
05-18-2009, 08:45 AM
stealing is stealing is stealing is stealing
just because it's "medicine" doesn't make it any worse (or better)
than any other type of theft of anything
sucks that ya got robbed though
Doesn't the fact that he a 'controlled substance' was stolen make it a federal offense?
I think that's a bit more trouble than stealing a bicycle.
dharma bum
05-18-2009, 08:48 AM
Back before the crack down on internet pharmacies this guy I used to know had 3 packages a week coming in, always a dozen or so less in each bottle. This guy couldn't say anything since he wasn't exactly playing by the rules himself.
Sorry this happened to you OP.
SHELLEY
05-18-2009, 08:54 AM
That is unbelievable shit. You should threaten legal action. This is prescription MEDICINE we are talking about. You can really use that, it's like, what if he took heart medicine etc. What's the real difference? This is a major violation of conduct and trust, and whoever is responsible should be held accountable. They are taking something someone NEEDS. It's not like its some weird ass salvia or anything, this is PRESCRIPTION. HOLY SHIT I'm all pissed now, and it didn't even happen to me.
Let's hope no one judges you based on what it was.
did you just compare heart medicine with painkillers??????? :rolleyes:
that's like those tools who compare methadone to insulin
lets see, one will make your back stop hurting and one keeps you from dying
exactly the same, no difference at all :rolleyes::rolleyes::rolleyes::rolleyes:
I-Nod
05-18-2009, 10:28 AM
stealing is stealing is stealing is stealing
just because it's "medicine" doesn't make it any worse (or better)
than any other type of theft of anything
sucks that ya got robbed though
did you just compare heart medicine with painkillers??????? :rolleyes:
that's like those tools who compare methadone to insulin
lets see, one will make your back stop hurting and one keeps you from dying
exactly the same, no difference at all :rolleyes:
So stealing someones heart meds or their methadone doesn't make it any worse (or better)? Nah, I know whatchu were gettin at. But, I'd definitely rather FedEx steal some skate shirt I'd ordered instead of a handful of (hard to come by) OC's.
OP: I don't know how you hold back from dragging that FedEx guy into your house and beatin the shit outta him... I'd at least say something about your packages being opened and half missing. Also, is there ANY way you can get them sent through UPS? IF FedEx bought out UPS, they'd be called FedUP :D
Patches
05-18-2009, 10:42 AM
[Q IF FedEx bought out UPS, they'd be called FedUP :D[/QUOTE]
:) haha....good one
Restharrow
05-18-2009, 03:35 PM
I pay substantially more for my meds to get them locally at the pharmacy. Everything went fine for years. I got all my scripts via Fedex, UPS and sometimes mail because my insurance company practically gave them to me, if I would order from them.
About 2 years ago, I got a FEDEX package (I signed at the door) and a couple of pills were missing. I made a mistake and did NOT complain formally -- just called by phone.
The next month, a substantial quanity was missing.
The only thing I order now, are NON-controlled drugs. My doctor said once someone at FEDEX, UPS, etc. starts stealing, it never stops until they get fired.
Getting scripts via FEDEX is really convenient and much cheaper. No waiting at the store, driving to and from, etc. I was disappointed to have to stop.
Will
darkstar
05-18-2009, 04:32 PM
I have to admit as fucked up as it sounds. If I were that FedEx driver and found someone getting oxys every week, I'd probably start stealing them too.
hovadagod
05-18-2009, 06:58 PM
I have to admit as fucked up as it sounds. If I were that FedEx driver and found someone getting oxys every week, I'd probably start stealing them too.
You are that driver.
pokergooch
05-18-2009, 07:19 PM
I called the pharmacy this morning and this is what I have to do. 1. get a new script from my doc, 2. send in unused portion of meds, then wait til new meds arrive. the pharmacist told me not to take from that bottle since someone got into it. I then replied, "so, what do you want me to take in its place?" he told me to talk to my doctor. I flat out told him that I had to take them, im just scraping off the coating. It would take me atleast 3 days to get them replaced and explain this to my doctor. Im trying to not create any waves with him as he is a great doc.. technically, I have some old methadone left, but still it pisses me off. im probably going to just file a formal complaint with fedex and at the end of the month tell my doc what happened.
I dont know what that pharmacist is thinking, sending in my meds first? I asked, why not send the new script to me, ill tell you how many i took out and we should be good..of course, he said he couldnt, but why should i suffer because some mother fucker stole from me.
he also said that the pills get counted by four different people under surveilence camera until it gets into the fedex truck. I truly believe its in the main warehouse or my fucking driver.....
Junkindatrunk
05-18-2009, 07:34 PM
did you just compare heart medicine with painkillers??????? :rolleyes:
that's like those tools who compare methadone to insulin
lets see, one will make your back stop hurting and one keeps you from dying
exactly the same, no difference at all :rolleyes::rolleyes::rolleyes::rolleyes:
Well, I was sort of just trying to think of things I would say when I confront the company about the situation. I'm aware there is a difference but I think it would made them shake if they consider the lawsuits that could be pressed. Not to mention the controlled substance issue.
rosebud
05-18-2009, 07:40 PM
Wow Hova, very good info. A person virtually never has time to open a package and look so that is great to know!
Next time totally screw with the driver. Make him wait while you slowly limp to the kitchen for scissors, slowly limp back, then say you got your sewing scissors by mistake and limp back to get the old, rusty pair, limp back EVEN slower (maybe stop and rest once for good measure) then slowly and shakily open the package (cut it all jaggedy and shit), take out the bottle, make a few attempts to open it (have several false starts) FINALLY get it open and then painstakingly count the pills-probably having to re-start several times when you get confused-LMAO. Then when you are short, suddenly revert to your normal, competent self and handle it on the spot! Watch the thieven mo fo squirm and spin!
Ok, maybe not. He could be all trippen (on your shit of course) and you might not want to chance it so.....how about:
Open the package and bottle and count them in front of him (at regular speed) and either secretly or openly record it all on video to present as evidence to either the pharmacy, fed ex or the doc (or whomever) so they know you are not bsing them. You then have proof that you opened it fresh from the Fed Ex guy, right on camera and it was short!
Any updates?
I'm sorry, I feel really dumb (and new so be gentle) but what does " im just scraping off the coating" mean?
The_Highwayman
05-18-2009, 07:48 PM
That is horrible and all the BS you have to ut up with with the doc and pharm is only making it worse..I sued to work for UPS as a driver assistant duirng the holidays and all I know is that the driver only cared about getting those boxes off the truck ASAP, he never loked at any of them, I don't know if they now what's in them, mostl likely it's someone in the warehouse or maybe he is tipping off the driver to snag the pakcagwe and fuck with it....my only advice to you if you do decide to seek legal action is DOCUMENTATION--times, dates, get the drivers name, getthe location of the warehouse, name of the pharmay and pharmacist, etc, etc abring all this to the lawyer and sort this shit out...man i can only imagine waiting for a parcal and getting shorted...
lespaulpower
05-18-2009, 07:58 PM
stealing is stealing is stealing is stealing
just because it's "medicine" doesn't make it any worse (or better)
than any other type of theft of anything
sucks that ya got robbed though
Sounds like someones been doing some "twelve steppin" lately.
Brainwashed.....
I try sooo hard to ignore these meaningless posts, but it's hard.
Pardon me.
Keep us posted on this gooch. If anything happens at all.....
Good luck
Junkindatrunk
05-18-2009, 08:00 PM
I'm sorry, I feel really dumb (and new so be gentle) but what does " im just scraping off the coating" mean?
Usually it means when you scrape of the coating around a pill like OCs. It has a coating like Tylenol does for stomach reasons I think. Most people scrape it off before they snort the OC.
But in this particular conversation, I'm not sure that's what was meant. I can't really tell. LOL
Poker solve this!
pokergooch
05-18-2009, 08:04 PM
Sorry about that, the pharmacist was worried that my meds were touched or tainted, so I said that I scrape off the green coating for some safety.. (who knows what he/she touched before getting into my shit) thats what I said to him...
lib.sOCialist
05-18-2009, 09:30 PM
Wow Hova, very good info. A person virtually never has time to open a package and look so that is great to know!
Next time totally screw with the driver. Make him wait while you slowly limp to the kitchen for scissors, slowly limp back, then say you got your sewing scissors by mistake and limp back to get the old, rusty pair, limp back EVEN slower (maybe stop and rest once for good measure) then slowly and shakily open the package (cut it all jaggedy and shit), take out the bottle, make a few attempts to open it (have several false starts) FINALLY get it open and then painstakingly count the pills-probably having to re-start several times when you get confused-LMAO. Then when you are short, suddenly revert to your normal, competent self and handle it on the spot! Watch the thieven mo fo squirm and spin!
Ok, maybe not. He could be all trippen (on your shit of course) and you might not want to chance it so.....how about:
Open the package and bottle and count them in front of him (at regular speed) and either secretly or openly record it all on video to present as evidence to either the pharmacy, fed ex or the doc (or whomever) so they know you are not bsing them. You then have proof that you opened it fresh from the Fed Ex guy, right on camera and it was short!
Any updates?
I'm sorry, I feel really dumb (and new so be gentle) but what does " im just scraping off the coating" mean?
hey rose, welcome to the phile! im sorry but i have to disagree with you, faking a limp and taking as long as possible will piss off the driver to no extent, and IMO prob. lead to even MORE pills being "misplaced"
rosebud
05-18-2009, 10:07 PM
Yes Lib. I totally agree and was just funnen. That's why I said: "Ok, maybe not. He could be all trippen (on your shit of course) and you might not want to chance it so......"
I would never seriously suggest that but filming it-that I could get behind. I was involved in a case of a relative's once where that worked very well and is admissable in court if you tell them you are doing it. If they refused and took off, that makes them look totally guilty. I am betting that would be the last time anything came up missing.....
Thanks for the scraping explanation. I was figuring that is what you meant but couldnt figure out why. Now it makes sense. You never know what kind of a wingnut might have been messen about with your stuff.
Best of Luck!
clinton
05-19-2009, 01:05 AM
keep us posted as to what happens..
anyone else have similar stories
hovadagod
05-19-2009, 07:47 AM
Just to clarify.
The problem is that we NEED the drugs (so we sign for them under duress which is where "without prejudice" comes in). You're saying "I didn't want to sign for the goods because the shipping company or seller breached the contract but we'll take what we can get and deal with the missing goods later so we don't cause anymore problems/damages".
If you file a formal complaint with fedex etc. they should make good but all this formal compalint is, is a way to keep you from suing fedex. You should think of it as evidence of the fact that you notified fedex. Your credibility is technically meaningless unless the case goes to trial. An affidavit is an affidavit. FedEx knows it's liable. Even if you accept the package under protest (without prejudice) you are reserving your right to complain to fedex without loosing the pills that they didn't steal.
The best argument FedeX may have is that it is inherently risky shipping CII's and therefore FedEx cannot be liable for such goods. However this would have to be in a contract I bet.
I hope this makes sense. It isn't simple shit.
IF you want to learn more about this google "performance under reservation of rights"
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