Action: Computer damaged in shipping

On April 8, I took my computer to United Parcel Service to be returned to the manufacturer. I packed the machine in the original box with the original packing material. The personnel at the New Port Richey UPS counter opened the package to check how it was packed and deemed it okay to ship. It was packed in an upper and lower rail -- top and bottom -- and filled with Styrofoam all around and wrapped in plastic.

Upon the computer's arrival in North Carolina two days later, I was called by the computer company and told that it was damaged and UPS had been called to come and inspect it. On April 18, I received an e-mail that my claim was denied because of insufficient packaging. I feel UPS mishandled the package and should pay the claim; it was insured for $1,000.

Any help would be appreciated. Not only have I been charged for shipping and destroying my equipment, now I have to rent a computer and put up with the inconvenience and arrogance of a shipper that advertises satisfaction. Jack Pinion

Response: According to a brief message we received from UPS in Orlando, a check for $315.47 was sent to you Friday.

Reading the small print

For almost a year now, I have been trying to resolve a problem with Auto Butler Warranty Inc. On March, 15, 2001, I purchased a Limited Edition 2001 PT Cruiser for more than $25,000 and paid in full with a check.

Although I at first declined the dealership's paint protection program, a sales rep finally sold me on the plan because of the promise the car would not "spot" after rain. Rather than pay cash, I decided to charge the five-year contract amount of $373.43. I felt if there was any problem it could be resolved through my credit card.

The first treatment took place upon delivery of the car, with nine further treatments at six-month intervals.

Two weeks after purchasing the car, there were two significant rainfalls . . . and the car was spotted. On April 12, I sent a letter to Auto Butler to cancel the plan. On May 28, I saw my salesman and gave him a copy of the letter.

On Sept. 4, after no resolution, I sent a very detailed letter to Auto Butler, with a copy to Suncoast as well as to my credit card company, disputing $336.09 for the remaining nine treatments. I sent more letters Nov. 26, and again Dec. 22.

Much to my disappointment, I received a letter dated Jan. 23, stating it could not charge back my account because there had been a delay in notification -- more than 60 days had passed -- and the agreement was not cancelable.

Since there was no billing error when the item was first charged, and I did try to resolve this on my own, I believe that the credit card company should have honored "a greatly exceeded . . . time limit." Also, the information about the contract not being cancelable is incorrect. My contract states the product is fully refundable within 30 days of date of purchase. Although the credit card company won't help, I still feel Auto Butler should refund my money. Wendell Schott

Response: Harry Schleeter, vice president of Auto Butler Warranty Inc. in Minneapolis, said your handwritten faxed letter requesting a cancellation of your agreement was received April 15, 2001. However, your agreement clearly states that you were to cancel with the dealership where your vehicle was purchased.

According to Schleeter, Auto Butler receives a portion of the paid program price, but it is not the party with which you originated this agreement. Dealerships understand that the Auto Butler Paint Protection Program may not be for everyone, and this is why the customer is allowed 30 days to void the warranty contract. You did not contact the dealership until May 28, and since you purchased the vehicle March 15, you were well past the refundable deadline date.

With the benefit of hindsight, it's a pity you did not read the agreement more closely. There you would have noted the proper party to whom to send your cancellation request: your dealership. Your contract clearly states: "This contract is fully refundable within 30 days of purchase by your selling dealership." Your $373.43 lesson serves to reinforce our oft-repeated advice to read the fine print.

With regard to disputing credit card charges, this must be done within the 60-day time limit. In your case, a note to your card issuer at the time you canceled the contract alerting it to the anticipated refund would have been in order. Note, however, that even this would not have helped you in your situation, given that you did not follow the instructions spelled out in the agreement for canceling.

-- Action solves problems and gets answers for you. If you have a question, or your own attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, (727) 893-8171, or, outside of Pinellas, toll-free 1-800-333-7505, ext. 8171, to leave a recorded request.

Requests will be accepted only by mail or voice mail; calls cannot be returned. We will not be responsible for personal documents, so please send only photocopies. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check.

We may require additional information or prefer to reply by mail; therefore, readers must provide a full mailing address, including ZIP code. Names of letter writers will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

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