TL;DR: Someone sent me a surprise gift from the US; I knew nothing about the shipment/tracking and UPS never tried to deliver or contact me about it (WFH, have CCTV & nothing on the phone logs). Instead, UPS return the package to the US and are trying to charging me for that pleasure but I had no contact with UPS throughout any of it till the invoices arrived in the mail (by the reliable An Post).
Here is rundown of what happened over the last 2.5 months:
- A package/gift was sent to me without my knowledge from the US in January.
- UPS never attempted to call/deliver the package or ask for any customs/import duty but decided to return it back to the US on their own accord.
- Luckily, I have CCTV and phone logs to back up no contact.
- Late February and early March, I received 2 invoices (80e & 40e) from UPS. They created 2 accounts with my information without my consent. The 80e one looks like its for customs/duty which is a strange one since it went back to the US. The 40e one looks like the cost of sending it back.
- I dispute it but they are adamant I have to pay and say I am the shipper of the item back to the US. UPS did that without contacting me.
- In March, I received a debt collector letter from ControlAccount.com. So UPS shared my personal information without my consent to another company. GDPR violation?
- I call UPS again to dispute it and call ControlAccount.com to make sure they know I am disputing it.
- I called CCPC.ie for advice this morning and ironically they say they can't help as I am not a customer of UPS since no agreement was made between myself and UPS 😅
- I sent a separate complaint to UPS today about the GDPR issue as I plan to follow-up with DataProtection.ie. I had 0 contact with UPS before they decided to create 2 accounts using my information and more importantly, they shared my personal details to another company without my consent. I never agreed to any terms with UPS.
I can easily pay the fees but it's the principle of the matter and I want UPS to be held accountable for this bullying behavior to prevent others from experience this (or end up with bad credit rating). It feels like getting mugged.
Since I'm technically not a UPS customer, the "Sale of Goods and Supply of Services Act, 1980" doesn't seem to apply to me:
"A person who receives goods as a gift is not considered to be a 'consumer' within the meaning of the Act and neither is someone who intends to use the goods in the course of a business. A consumer contract exists only between the buyer (the consumer) and the seller (usually a retailer)."
I never entered into any agreement/contact with UPS. Here is the last reply/lies I got from UPS yesterday after 20 days waiting for it:
"As per our investigation on the shipment number {removed} the shipment was shipped from IE to US. And as you have shipped the shipment as you are the shipper of the shipment."
I had to laugh at the last sentence in that message. I am currently waiting on 2 replies from UPS now:
- Proof of method/datetime of them contacting me about the original delivery and proof I told them to return the item to the US. I know they have none as I have CCTV and phone logs so I can't wait to hear their lies or them say "the system says so right here".
- The name of the person/department to start the official complaint about them sharing my personal data so I can use the correspondences with them when making my official complaint with dataprotection.ie.
The GDPR issue seems like the only option for me but is there anything else I can do? Could it be considered harassment or something else that I could go to the Garda since I am not a customer? I'm guessing not but I am open to any crazy ideas at this stage as I am pulling my hair out dealing with their support now 😟