resolved bL.A.zer90045

[notchbackgta]

Be careful of this guy, he is a liar and will blame you for damaged parts when you sign for them. His real name is Jose Hernandez reclucex3@gmail.com, but you may wind up dealing with his wife April Rivera.
The story is very long, but in short, I bought a Suburban hatch from him, he sent it signature. When it came I was home, but wasn't able to open it immediately while the UPS guy was there. I opened it about 10 minutes later and found it was damaged because it was poorly packaged. I immediately contacted him and he said I should have opened it before I signed for it. Essentially there was no packaging inside the box it was in. He has some THIN carpet wrapped around it, that was duct taped together, then there was rope around it, I guess to help hold the carpet, then it was in cling wrap. He also put pool noodles on each side of the glass. There was essentially nothing protecting the edges from hitting the sides of the box, and the edge was all bent around the edges. He told me he tried to ship the item LIKE THAT! but was told by the store that it had to be in a box. You can see it compressed the cardboard along the sides from being mis-handled. The irony is that if he cut the pool noodles length wise and put them on the edge it would have been excellent protection.

I talked to my UPS guy about it later and he said he wouldn't have waited the amount of time I told him it took my to unpack it and see the damage, so that is the first strike.

UPS denied the claim, back and forth with the shipper on all this I went. He said he paid a shipper to box the item and that they were liable for the damaged item. Turns out he signed a paper saying he waived their responsibility when he shipped it because he packaged it.

I way overpaid for this item because I thought I was dealing with an experienced seller. Now I am left holding a damaged item that I will now have to pay to get fixed and he basically got off scott free. After i got my first notice that UPS denied the claim I asked him to refund my money so I didn't have to file a claim with PayPal. PayPal sided with me, but I had already brought the item to the body shop to fix and was out my deposit, so I couldn't send the item back as required by PayPal (which I didn't know before I submitted the claim)

He also shipped the hinges and the handle for the hatch in a separate box through USPS at a different time. I got these items in a large priority mail box with NO PACKAGING. The handle was all beat up from the hinges, he blamed his wife for this. First he said he would send me another one, but after a time he said he would just refund me $100. He never refunded me that $100 either after months of waiting.

I think everyone should know that this is someone that may screw you in the end if something happened. I have most of the emails showing these communications to prove this is not he said/she said. I only started saving them after I was having a problem getting him to admit any responsibility.
There is also something fishy about they way he does all this business. His zip is in L.A. but he ships out of Arizona, that is where the hatch was shipped from.

[bL.A.zer90045]

did you even proof read your "novel"you put together? two major company's/businesses that happen to deal with lets go ahead and throw the word out there(and im afraid it is your shoe size)scammers and fraud on a daily basis BOTH deny your "claim" due to?...ill wait for you to explain that to your self(because basically you are the only one that cares)... and to all members i am currently dealing with(or have dealt with)i apologize for this poor excuse for a human being,and his episode of disillusion and ignorance in the practice of what us knowledgeble beings refer to as a "scam artist"...and next time you want to think of playing handball in MY court,id suggest you wear gloves---and "everyone be carful of this guy" as he will "way overpay" you if you are and "expirenced seller"

[notchbackgta]

Originally Posted by bL.A.zer90045

did you even proof read your "novel"you put together? two major company's/businesses that happen to deal with lets go ahead and throw the word out there(and im afraid it is your shoe size)scammers and fraud on a daily basis BOTH deny your "claim" due to?...ill wait for you to explain that to your self(because basically you are the only one that cares)... and to all members i am currently dealing with(or have dealt with)i apologize for this poor excuse for a human being,and his episode of disillusion and ignorance in the practice of what us knowledgeble beings refer to as a "scam artist"...and next time you want to think of playing handball in MY court,id suggest you wear gloves---and "everyone be carful of this guy" as he will "way overpay" you if you are and "expirenced seller"

I did proof read, but obviously you didn't and can't, this is the short version by the way.

I have no idea what your incoherent babel is referring to by "two major company's/businesses that happen to deal with lets go ahead and throw the word out there(and im afraid it is your shoe size)scammers and fraud on a daily basis BOTH deny your "claim" due to?...ill wait for you to explain that to your self" This doesn't make a lick of sense.

If anyone, YOU are the one that is a poor excuse for a human being. I didn't say you were a scam artist. I will post the entirety of all the emails so people can see how you never owned up to any responsibility for any of this. I said be careful with this guy DUH, reading comprehension FOR THE WIN!

I will post them for all to see

[notchbackgta]

On Sep 16, 2016 3:55 PM, "James Butler" <notchbackgta@hotmail.com> wrote:
I got the hatch hinges and handle. The handle is beat to **** because there was no packing material in the box. What's up with that?


jose hernandez

Fri 9/16, 10:27 PM
You
Damnit!!!!! Wife's mistake....I'll get you another.as for the hatch it will be going out Tues,and at that time I will forward you the tracking.


Tue 9/27, 6:35 PM
jose hernandez (reclucex3@gmail.com)
Sent Items
I just got my hatch, and I have to say I am pretty upset. It is bent all around on the edges from shipping. You didn't protect the edges of the hatch at all and it just flopped around in the box. This is going to cost me a lot to get fixed and nice to put on my suburban!
Did you ever send another handle too?

From: jose hernandez <reclucex3@gmail.com>
Date: 9/27/2016 21:45 (GMT-05:00)
To: James Butler <notchbackgta@hotmail.com>
Subject: Re: Burbank hatch???

Well I'm in shock as I did wrap accordingly for trip!!! That is entirely on the shipping store/provider. The point of the signature is to account for this said damage at the time re ieved. Don't know if insurance will get validated on theses terms now??? Anyways...call me and we will get it handled.send pics as so I can go bang with the sender.

James Butler
Tue 9/27, 9:50 PM
jose hernandez (reclucex3@gmail.com)
Sent Items

5 attachments (16 MB)
there was no damage to the outside or to the packaging, it must have been dropped repeatedly, slid around in the box and since there was no real edge protection it bent. The box appeared to be taped several times, but I have no way of knowing whether it was taped over as if the box opened. There was no way of seeing this damage until I fully unpacked the hatch
Here are some pictures I took
I will have to talk to you tomorrow, it's getting late tonight

From: jose hernandez <reclucex3@gmail.com>
Sent: Thursday, September 29, 2016 7:28 PM
To: James Butler
Subject: Re: Burbank hatch???

Can't do anything on my end without pictures???? FYI I packed it accordingly and fault is on the shippers end,as I was reassured that they would secure in the "custom 90.00 box.i don't know if they will honor the insurance,being that you or someone signed for it without inspecting contents first,as that is what the "signature" was intended for,to insure there was no damage,and which is relinquished upon John Hancock.i just can't see how it sustained the damage without breaking the glass??? Nehoo they are aware of the damage and advised me to have you send pictures of damage and outer box. You need to forward this adapter to me if you still want to try and get this money back through the insurance purchased through them???

James Butler

Thu 9/29, 7:38 PM
jose hernandez (reclucex3@gmail.com)
Sent Items
Well, there is no way I would have been able to open and inspect the package before signing for it. The UPS guy has a route and he just leaves it. It took me a full 10 minutes to unpack the hatch with all the adhesive wrap and carpet on it. It was also dark by the time it arrive, so the driver and I would have been doing it in the dark anyway.

From: jose hernandez <reclucex3@gmail.com>
Date: 9/29/2016 19:45 (GMT-05:00)
To: James Butler <notchbackgta@hotmail.com>
Subject: Re: Burbank hatch???

No pics received??? Your call.im just letting you know I am NOT liable for the shippers inadequacy to properly package the hatch after I was in full age ranch with them and after paying them 200.00 that it would be!!! I do appopgize for there **** up, and can't present a case without pics.i also shipped a door with glass as well as seat tracks to a member in Pittsburgh and they arrived unscathed,and in the same great cond that they left.im available 25/8 I regards to this mishap and shipping error and will exhaust my last breath in hopes to get your 1k insurance from them!


James Butler

Thu 9/29, 7:47 PM
jose hernandez (reclucex3@gmail.com)
Sent Items
I sent the pictures twice. Maybe you need to check a spam folder

From: jose hernandez <reclucex3@gmail.com>
Sent: Thursday, September 29, 2016 8:12 PM
To: James Butler
Subject: Re: Burbank hatch???

Your decision.personally I refuse to sign for anything until opened! Usually invite carrier in and offer a cold one or beverage and they find no problem with the wait😊
From the sounds damage provably occurred on his acceptance...got pics and will go in with the "Jonny kochran" on speed dial attitude; first thing on the morning and forward there "procedure".
Sent from my iPhone

James Butler

Thu 9/29, 8:17 PM
jose hernandez (reclucex3@gmail.com)
Sent Items
I don't understand what you're talking about "on his acceptance". The driver that delivers to me is really cool, he also doesn't load packages into his truck, someone else does that. I have heard from a few drivers that I know, the volume is too great around this area, the packages are loaded before they arrive for shift. A lot of time my driver is delivering packages into the night, I don't want to hold him up from his route.

I have never had a problem signing for a package and reporting the damage afterwards, I have had several people screw up the packaging. Plus if I had refused delivery I would not have the item and would not be able to get it fixed. It is fixable, but I am going to need a lot of the money back to fix it. I already got an estimate and its over $600 because it needs body work now.

From: jose hernandez <reclucex3@gmail.com>
Sent: Thursday, September 29, 2016 8:26 PM
To: James Butler
Subject: Re: Burbank hatch???

That's all good and I'm glad you have had these "expirences" remedied.by all means I hope you do get your money back,as mentioned and as I stated I am gonna try my damndest to see that it is recovered through them,and will just let you know i am NOT gonna take responsibility Crome out of my pocket when it was the carriers fault.ill get back to you tomarrow with there response.

Sent from my iPhone


James Butler

Thu 9/29, 8:38 PM
jose hernandez (reclucex3@gmail.com)
Sent Items
I understand what you are saying, but it is on you either way. You sent pictures of an undamaged hatch, and that is what I expected to receive. To me it doesn't matter who is at fault, it is damaged because the packaging was poor.

You should not expect me to have to have any of this out of my pocket. I will do everything YOU need to get the settlement, as the settlement will go you you, not to me. My friend has been in this exact situation in the past and he was screwed because the insurance goes to the shipper, not the receiver.

I truly hope it works out for both of us.

From: jose hernandez <reclucex3@gmail.com>
Sent: Thursday, September 29, 2016 8:26 PM
To: James Butler
Subject: Re: Burbank hatch???

That's all good and I'm glad you have had these "expirences" remedied.by all means I hope you do get your money back,as mentioned and as I stated I am gonna try my damndest to see that it is recovered through them,and will just let you know i am NOT gonna take responsibility Crome out of my pocket when it was the carriers fault.ill get back to you tomarrow with there response.

Sent from my iPhone

jose hernandez

Fri 9/30, 12:00 PM
You
Car stuff
This is the stores email-- info@upexnm.com. Attn jasmine.and she will let you know what she needs.she has opened the claim.

Sent from my iPhone


James Butler

Sat 10/15, 8:18 AM
jose hernandez (reclucex3@gmail.com)
Car stuff
Jose,
UPS denied the claim for the shipping. You said I should contact you about this stuff. I'd like to give you the opportunity to refund my money now so I don't have to put in a claim with PayPal. I got an estimate from a body shop and it is more than i paid you for the hatch.
I suggest you go after the store you shipped from so neither of is is out any money in the end.

Thanks
James

James Butler

Sun 10/16, 10:21 PM
jose hernandez (reclucex3@gmail.com)
Car stuff
Jose,
If I do not hear back from you by the end of the night tomorrow I will have no choice but to put in a claim with Paypal.

Please refund my money so I do not have to do that.

Thank you
James

jose hernandez

Mon 10/17, 12:47 AM
You
Car stuff
You replied on 11/9/2016 5:12 PM.
And as I stated in prior conversations your refund would only come through shipper and the insurance I purchased,if obtainable due to your releasing of fault through the providing of your John Hancock .and the fact that you did so without,throughly indpecting the freightI am not liable for you signing and accepting the damaged hatch as it was entirely on the carrier NOT due to my packing.with that much money on the line as I stead before I,and I believe any other individual would have MADE carrier stay until unpacked and Thoroughly inspected in his/her presence?!?!

Sent from my iPhone

James Butler

Wed 11/9, 5:12 PM
jose hernandez (reclucex3@gmail.com)
Car stuff
Jose,
When are you going to refund me the $100 you already said you were going to send? It has been weeks and this is unacceptable.

I am getting screwed over this way too much and I want the refund you already promised me. I already got screwed by Paypal because I already had the hatch repaired and out even more money.

jose hernandez

Thu 11/10, 11:44 AM
You
Car stuff
You replied on 11/10/2016 12:02 PM.
What was/is "unacceptable" is the simple resolution that was apparent was took to another level and deemed this "refund" you request forfeited on your behalf.really hoped to accomadate your damaged hatch "situation "...FYI I have 3 more just like the one I sent you and own 2 rental properties in Watertown ny,could have worked something out for oh say...turnpike fare good luck on your future parts locating,and human interactions-and "what to do" in a "damaged INSSURED freight" scenario.

Sent from my iPhone

[notchbackgta]

None of these emails were edited in any way except removing the headers for length. I had to get some of them from my sent folder and the reason some are formatted slightly different. A few of the communications were by phone, which I don't have transcripts for, unfortunately.

You even admit to NOT accepting any responsibility. YOU PACKAGED THE ITEM, YOU DIDN'T PROTECT THE EDGES AT ALL and the reason UPS denied the claim. You never offered any amicable resolution after the claim was denied by UPS. UPEX also said this is all your fault because they told you there was not enough packaging inside the box.

I did nothing wrong here! All I did was sign for a package that was delivered because of the insured price.

[bL.A.zer90045]

not your "fault",but your "mistake"! post your bull**** and try and salt my name if thats gonna mediate your "failed scam and best of luck with your future shall we say "overly payed" parts purchasing with "expirienced sellers"!!! "faLALALA LA LA LA"-----THE END---

[too much stuff]

Just curious on who actually packaged the item?

[Indian113]

Not laying any Blame on Anybody BUT pictures might help this thread some!

[notchbackgta]

Originally Posted by too much stuff

Just curious on who actually packaged the item?

He said the store packed it, multiple times to me, but in reality HE packaged it and signed a waiver from the store waiving them of any shipping damages. He knows he is wrong, but just attacks me to make it look like I am in the wrong.

Originally Posted by Indian113

Not laying any Blame on Anybody BUT pictures might help this thread some!

Unfortunately I threw out the cheap thin carpet and the rest of the material that was inside the box, but I still have the box and can show that there was a total of 1" of space around the item and the edge of the box. UPS specs say there must be 4" of space around the item for it to be "properly" protected and if the requirements are met, they will pay a claim because of it. I will get a picture up later