Lawsuit against Pack And Ship Express #ElPaso and DHL US

This is how I sued DHL and Pack and Ship Express for my package being stolen by the Bureau of Customs in the Philippines.

On May 1, 2021,  I paid Pack and Ship Express in El Paso $520 to ship a box to the Philippines by way of DHL US.

When you go to ship a package, you present your package, they weigh the package and measure the package, and the customer service person, in the case Pack n Ship Express in El Paso service representative tells you when you can expect the package to arrive, and how much the cost is. I paid Pack and Ship Express. Back on May 3st even as we are in court today no progress on this box. These people are treating me like they are not handling my box valued detailed on the waybill $1150 plus shipping cost $520 totalling to $1670. Finger pointing back and forth of the status of the box, I even presented the receivers docs to Pack n ship so we could make sure this is in the hands of DHL. This Box labeled “abandoned” in DHL’s system.

May 1, 156 days ago I paid $520 for expedited delivery “worldwide express”. The package is fully insured, they charged me a small fortune. I paid for their express service with insurance because the contents had sensitive electronics and candy so the package would arrive in good shape… These 2 companies have given a million excuses why this box remains undelivered for half a year now, DHL and Pack and Ship sent 2 attorneys rather than deliver this box or pay the insurance. I never received the service I paid 520 for. These 2 companies have blamed everyone and don’t want to pay the insurance! I was forced to bring DHL and Pack and ship to court to get some satisfaction, Your-honor.

My Pivot points I will make when laying out my case to the on the Small claims Lawsuit against Pack and Ship Express and DHL Judge:

  1. On June 16, 2020 Quote: “The Philippines confirmed they have the 3 specimen signatures. The Package is in Clearance Processing Right now” Jess At Pack and Ship Express goes on to say: Just hold on a little longer….
  2. On June 29th about 2 months I emailed Pack and ship requesting the box returned. At that point I had lost faith that DHL even had the box, I couldn’t get an alternative arrival date. The box doesn’t move forward to the destination or returned. Also Have a voice mail from DHL confirming this also.
  3. This appears from emails from Customs this is a failure of DHL
  4. The box has electronics, candy, perfume.. That is why I sent the box premium postage. Both of these companies DHL and Pack and Ship has really done their best to give miss information and in the last few weeks running out of excuses just really said. It’s out of our control. Well that’s why I purchased the insurance for “for when its out of your control”

Other notes:

Argument we underdelcaired  – We declared the value to the dollar, I have a full accounting of the content of the box with receipts I can send to you right now. This is a known scam from DHL. https://www.manilatimes.net/2021/09/25/opinion/columns/dhl-conniving-with-boc-in-cheating-first-time-importers/1815942

DHL is also being sued for the same fraud practices US District Court for the District of New Jersey MARTIN v. DHL EXPRESS (USA), INC

We chose to ship it via airfreight, paid Pack n ship and DHL a 55 billion dollar company for shipping so this will arrive in less than 3 weeks. How is my “abandoned” box being stored? Is the candy damaged and melted on the shoes? Are the batteries leaking on everything? I think the defendant needs to pay the insurance, plus my time to bring him to court, I paid for a service with full insurance… and had no less than 5 phone calls with pack n ship and 3 phone calls with DHL and 20 emails. PLus navigating to file this case. That took 40 hours of my time. I can’t get any answers.

DHL and Pack n Ship have made excuses and have frankly still not provided good details about this lost box… At the time of purchase they quoted me the cost of shipping and date of arrival. Both Defendants are happy to divvy up the money, I have an expectation of service, after all DHL is a 55 billion dollar monster “shipping” company.

THIS NEEDS A DATE: email I received from DHL corporate date stated this: DHL has done 3 investigations, “DHL states it has a good relationship with Philippines customs”… DHL knows I want the box returned, stated in that same email.

You would think DHL’s attorney would do better research, on the third line of DHL’s email response to my lawsuit email, DHL say’s “offering DHL services to process a shipment”. In DHL’s own words DHL is offering Shipping services and admitted to profiting $300 for this shipment. DHL and Pack Ship are liable. I’d say at the very least I’m due a refund for breach of contract.

In the points made by DHL’s attorney we have provided all that has been required, documented well in email exchanges starting back in June with DHL & Pack n Ship. All we have to rely on are these incompetent people. We are bringing them to court to get satisfaction for our damages.

And from the time the package arrived in DHL Cebu, the receiver Mary has been doing her part complying with both the DHL & Customs requirement (giving them to Pack n Ship too. And passed on to DHL district mgr.).

On June 26th >> The paperwork has been received and we are now waiting on clearance from the Philippine government.

Pack n Ship also Says> I know we sent this May 1st. That was well over a month ago, now nearly two. When we first reached out to you to ask why it hadn’t been delivered, we were under the impression that it was a taxes/fees/duties issue. I don’t remember that exact date, but it was probably the middle of May. If the fees/duties/taxes aren’t paid, they will just hold your package. They have the leverage of not releasing it until those are paid.

Receiver and DHL Cebu were coordinating and there is NO Pack n Ship involved in Philippines, clearly the transaction here and the service is supposed to be delivered by DHL no one else.

The receiver never got an instruction to pay or received an invoice that she should pay as it was understood the process is on “clearance process”, and if that was the case that this process has never moved forward because the receiver has not paid duties and taxes, they have not billed the receiver either.

This was Pack n Ship’s response

I agreed to the Fee, but also told Pack and Ship. And DHL also acknowledge this in other emails

DHL also quotes: DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control.

I think it is in DHL’s Control right?

THIS IS A TIMELINE OF EVENTS IN THE CASE:

May 1, 2021
the Box was shipped Via Pack and Ship Express in ElPaso

May 8th, 2021
shipment arrived in Cebu

May 11, 2021
First Contact from DHL Cebu , Philippines (to receiver) – informed her of the documents required by BOC, needed to apply for “Non regular Importer” or Informal as the shipment was declared “importers” due to the amount declared.

Upon checking DHL’s Tracking Page, the shipment arrived May 8th, 2021, and their first contact to the receiver was May 11, and told her that she has 15 days to comply and submit the required documents. Receiver is in Iloilo, Box is in DHL Cebu and Customs is in Manila.

May 12, 2021
Receiver filled out the forms and sent to certain Mr. Andrew Macapos of DHL Cebu for checking before finalizing the documents for notarization.

Documents required were:

Authorization Letter – Authorizing 2 of DHL employee to process the documents on her behalf (certain
CPRS (once a year importer profile information)
Annex C
Annex D
Annex E – Privacy Consent
Copy of Passport + 3 Specimen
Tax Identification Number

May 14, 2021

All documents were completed, notarized, scanned and emailed to DHL Cebu and even mailed the hard copies of every document sent to DHL CEBU.

May 24 & 27, 2021
Receiver emailed DHL Cebu for an update, still NOTHING.

May 26, 2021
DHL Customer Service emailed DHL Cebu to update the receiver

May 28th, 2021
Receiver received a message that the shipment was now in “STORED” status from Custom.
Andrew Macapos of DHL Cebu asked the receiver to forward that email from Custom and she did.
Receiver asked Mr. Macapos to explain what “STORED” status means – No answer.

June 1, 2021

DHL ILOILO Contacted DHL Cebu about the status of Receiver’s shipment
Mr. Macapos replied regarding the “STORED” status question.

June 8, 2021

Receiver Asked DHL Cebu – Mr. Macapos for an update – and no reply from them.

June 11, 2021
Receiver emailed Mr. Macapos again begging for an update – STILL NOTHING

June 14, 2021
Receiver emailed DHL Cebu again asking for an update and informed them that the Sender Mr. Asher filed a claim in DHL USA.

Mr. Macapos only then replied to receiver’s message, informing that Non-Regular importer application was submitted to Bureau of Customs Manila and awaiting completion and review.

June 26, 2021
Received an update from Mr. Macapos that the NRI application was partially denied by Customs AMO Evaluation Team, and asked the receiver to edit, notarize and scan the same types of documents as submitted in May 14th.
CPRS document was not notarized in the first submission, this time they’re asking it to be notarized. And a few edits on other documents.

June 28, 2021
I emailed Pack and Ship to demand the box be escalated to a claim.

email to pack and Ship Express

the box has not moved in 2 months

June 29, 2021 
ASKED FOR THE BOX TO BE RETURNED
By this time it had been just about 2 month and most of the updates about the DHL package we have received have been just not true. I had requested the package to be returned as I felt that it had been stolen.

email me agreeing to the fee for the box to be returned.

July 7, 2021
All documents requested was completed, scanned copies emailed to Mr. Macapos and hard copies were shipped via DHL iloilo to DHL Cebu:

Authorization Letter – Authorizing 2 of DHL employee to process the documents on her behalf (certain
CPRS (once a year importer profile information)
Annex C
Annex D
Annex E – Privacy Consent

NOTE: DHL CEBU never REQUESTED THE RECEIVER TO PROVIDE A POWER OF ATTORNEY – ONLY AUTHORIZATION LETTER, to authorize their Agents.

July 10, 2021
Received message from DHL Cebu that “lifting of abandonment process for shipment has commenced and as per our representative, documents were submitted at Customs Customer Care Center Office”

July 15th
We send DHL and Pack and Ship Express Demand letter before suing in small claims

demand letter to DHL and Pack and Ship Express El Paso

Demand letter to Pack and Ship Express in El Paso and DHL US

July 23, 2021
Receiver emailed Mr. Macapos asking for an update – NO REPLY

 

July 27, 2021
Receiver emailed Mr. Macapos again asking for update – NO REPLY

 

August 7, 2021

Receiver Discovered that her shipment can no longer be tracked on DHL’s website, when you enter the tracking number
Receiver emailed Mr. Macapos again for an updated and asked why she can no longer track her shipment.

NOTHING FROM DHL CEBU UNTIL NOW! ALSO, DHL CEBU only Verbally told the Receiver to prepare an amount around P17,000 pesos for the fees to be released, they have never written or invoiced or asked her to pay yet. As the process is still not done.

 

August 11, 2021

  • Received message from ekonek system that CPRS Profile was approved by BOC.
  • There was another email from ekonek with an attachment of Certificate of Registration but this email landed in my spam folder.

 

August 24, 2021

  • Found the email of BOC Cebu and directly messaged them asking for status of shipment since there was no update from Mr. Macapos since July 10th.
  • Received reply from Customs and updated us that there is NO record pertaining to the subject package have been filed in Bureau of Customs for release.

 

 

September 3, 2021

  • Received email and status update from Andrew Macapos, that NRI application was approved and lifting of abandonment process has commenced.
  • Mr. Macapos requested for the copy of COR that Customs has sent me on August 11, 2021.
  • Was asked to enroll the COR to Authorized Agent bank for Duties and Taxes purposes. DHL Cebu requires the BRN.

 

September 4, 2021

  • Emailed Mr. Macapos – questions regarding COR and enrollment to the AAB
  • Requested photo of the box

 

September 10, 2021

  • Legal Analyst of DHL Florida emailed DHL Cebu

 

 

 

September 11, 2021

 

  • Marfa Matalang, the DHL Cebu Manager contacted the receiver via call.
  • Marfa answered the questions I asked Mr. Macapos in September 4, 2021 and sent me photos of the box, and sent me more details regarding COR Enrollment to AAB.

 

September 13, 2021

  • Processed the NRI/COR enrollment to the bank.

 

September 20, 2021

  • Received the BRN from local bank and forwarded it to DHLD Cebu manager via whatsapp.

 

September 23, 2021

  • WW Express delivered the box (by mistake)
  • Receiver argued that her box is in DHL/Customs Cebu. and that there’s a duties and taxes to pay.  Delivery says just accept the box and there’s no payment needed.
  • Receiver asked the delivery man to contact  their office and confirm. It was found out that it was sent to iloilo by mistake.
  • Receiver could have just accepted the box but chose to be honest and expected that the box may be delivered soon.
  • Receiver contacted DHL Cebu and told them about the delivery. Cebu requested DHL Iloilo to return the box to Cebu for lodging and examination process

 

September 24, 2021

 

  • Followed up with DHL Manager Marfa Matalang regarding Custom not sending a notice to debit from Receiver’s bank account yet for duties and taxes
  • Mr. Asher / sender received a message from sub port Mactan updated the sender that as of September 22, there is NO goods declaration pertaining to the package has been filed in the office for processing and release.

 

 

 

 

September 29, 2021

  • DHL Cebu Manager Ms. Marfa Matalang called the receiver and informed that the examiner x-rayed the box and opened it and found out that there were watches that were not declared and thus Customs examiner decided that they will seize the shipment. They informed the receiver that customs will send a warrant for seizure and detention.