Action: Package has rough trip home

When we were leaving our vacation location in Vermont in August, we didn't have room in the car for three packages, so we decided to send them by UPS through the sending outlet Lotus Graphics Quickship in Brattleboro. Two of them arrived fine. The third, the only one I had insured, arrived in deplorable condition. The reason I had insured it is that it contained five antique swans and a tiny matching candy dish. Three of the swans and the candy dish were blue crystal. The other two swans were clear crystal. I insured the box of swans for $200, which was a bit less than I had paid for them at an auction, but it was close enough.

As soon as I found that all but two of the pieces were in smithereens, I contacted UPS to find out what to do. I was told I needed to call Lotus Graphics and have it send me a form to fill out so it could then send it to UPS. I tried on three separate occasions to get Lotus to send me a form, but it refused.

I called UPS back, got the number for the complaint department and spoke with a man named Sam. He reiterated that I had to go through Lotus Graphics, and when I said I was in a catch-22, he had no satisfactory answer for me.

On Oct. 25, I wrote a letter to James Kelly, president of UPS. Although I said there was no doubt he had more pressing matters to attend to than the satisfaction of one customer, I asked him to think of me as "Mrs. Customer" and pretend I was the only one he had, and that perhaps my letter would make a dent.

My letter was referred back to the complaint department. This time I was contacted by someone named Becky. She seemed much more cooperative, but she repeatedly called the auction house where I bought the swams, wanting a detailed breakdown of the items I had bought. She was told the auction house would have to have a "paddle number." Paddle numbers are for dealers who have tax numbers, I believe. I am not a dealer and have no tax number. I just bought these for my daughter because she collects swans.

The last time Becky called me, she said she had gotten no success with either the auction house or Lotus Graphics and was referring the matter to UPS' insurance company. She assured me that there would be a speedy resolution but that I would probably not receive the full $200 because I still had two swans (never mind that the sets have been broken up).

That was in early November. I never heard from her or the insurance company, so I called her again and said that I had been back from Vermont for three months and still hadn't received one penny of the insurance money I had paid for. If this was speedy, I'd like to know relative to what . . . the next ice age?

I called our local Better Business Bureau and was told that because the Atlanta office of UPS has consistently refused to send any information, there is no information on the company.

I still have the box of broken swans, and Christmas is less than two weeks away. The money I could have used to buy my daughter another gift is not here. Phoebe McCann

Response: Since you had already sent a copy of your letter to Action to "James Kelly, president, UPS," we only forwarded your complaint to Lotus Graphics Quickship Center in Brattleboro, Vt. We heard from neither company, however, so thanks for letting us know that you got your check, even though it arrived long after the holidays.

We need to make two minor corrections to information contained in your letter. First, according to an item in the Aug. 17 St. Petersburg Times, James Kelly retired as president of UPS after 37 years with the company and was replaced by the company's vice chairman, Michael L. Eskew. Second, to clear up any confusion about what a paddle number is, we found the following definition of paddle in the auction glossary on Christie's Web site, www.christies.com: "A numbered plastic (or paper) card assigned to a particular bidder registered at an auction. The paddle is raised to bid, and the auctioneer calls out the paddle number of the successful bidder as each lot is sold."

The auction house where you bid on the swams needed your paddle number, not your name, in order to provide UPS with the claim information it needed.

Hard-to-use gift

My son and daughter-in-law gave us a gift certificate to a restaurant. Unfortunately, the restaurant is 45 minutes away from our home. My husband is 80 and is unable to drive this distance, and I do not drive.

I explained this to the restaurant and after discussion with the owner was told there was no way to remove this money from the accounting ledgers. This "excuse" to me was unacceptable, and I became very upset.

I would gladly accept this certificate if it could be transferred to a restaurant closer to our home, or I would like a refund. I would appreciate your help in this matter. Madelene Pecoraro

Response: Once a gift certificate has been sold, the restaurant is under no obligation to take it back and offer a refund.

If your son lives in the area, we suggest that you explain the situation to him. Perhaps he and his wife can use the certificate and replace it with one for a restaurant nearer to you.

If this is not possible, maybe some friends or neighbors would be willing to drive you to the restaurant. If you need to, you can always offer to share the certificate with them.

- Action solves problems and gets answers for you. If you have a question, or your attempts to resolve a consumer complaint have failed, write: Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, 893-8171, or, outside of Pinellas, (800) 333-7505, ext. 8171, to leave a recorded request for Action. Names will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

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