Complaints Against Melissa O'Brien

Pensacola, FL 32504

Melanns@megapathdsl.net (work), Melanns@juno.com (home)

If you have questions about the complaint,
please contact the person who it was filed by.

March 29, 2003
Complaint filed by: maschino@webtv.net

I had posted a query at a China Replacement site for Tienshan Country Bear Stoneware and got an email from a lady named Melissa O'Brien who stated she had some pieces to sell and listed:

7 iced tea glasses
8 new on the rocks glasses
ll new teacups and saucers
6 new napkin rings

all for $68 and shipping was included. She sent pictures of all but the 7 iced tea glasses. I emailed her and said I would buy all of them and sent the money thru PayPal and she received her money on March 13th. I received 6 napkin rings on March 20th and she said the large package with the rest of the dishes would be separate but that she had shipped all of them at the same time by Fed-ex. She only gave me one tracking number and when I asked for the second number for the large package she ignored me.

I have emailed her almost every day since March 20th asking for the tracking number or the rest of the dishes or my money for all but the 6 napkin rings back, but she will not return my emails. Her information is:

Melanns@megapathdsl.net (work)
Melanns@juno.com (home)
Melissa O'Brien
4231 Langley Avenue
Pensacola, FL 32504

If you need any more information please email me and thanks so much for any help.

I don't who you are and how you got involved in this dispute. I have just returned from a 2 week vacation and have just contacted my buyer, and Fedex. This will be resolved, and Fedex has started a skiptrace on my buyers entire shipment. I'm sorry I was not at the disposal of my buyer to resolve this matter sooner, as I have just returned home today.  Marilyn's shipment was a combined shipment of 2 parcels. It consisted of a VERY large box with several individually packed boxes inside. The large box contained 11 teacup/saucers sets, 7 Iced Tea glasses, and 8 matching half sized "On-the-rock" glasses. All pieces were wrapped in like groups, and each in it's own innerbox together. The 4 boxes were then inside a large shipping container. The smalIer second box contained the set of 6 napkin rings...as it would not fit in the larger box. I have just responded to Marilyn and to you. I have sent you a copy of my letter I just sent her, and I'm sending her a copy of my response to you as well. As far as Fedex, they will either find her missing box, or they will issue her an insurance claim check. Her purchases were insured for their full retail replacement value, and she will not have any problem with getting her claim thru Fedex if they do not locate her parcel.

Personally, I did not appreciate the tone of your email. I thought it was rather kurt and un-professional. The tone was very upsetting because it was completely unwarranted. I understand that their are issues with trading online, and that there seems to always be something on T.V, etc. about persons, and business' that participate in wrong doings online and some people get jumpy. I have been self employeed since 1987. I have been in good standing with our local better business bureau, and our chamber of commerce. I've been online trading actively on Ebay, Yahoo, Ioffer, Replacements, Network Pattern Matching now Tabletopsetc.com, and have my own sites at Tias.com and my own website since 1998, and have never had any problems with anyone. I just try and help people complete their china service as I know how hard it can be. This is just an issue that was complicated by my absence and will be resolved readily. If after this is resolved you persist with any un-warranted behavior against my business, or my good name after this has been taken care of thru FedEx for my buyer....I will be taking this matter to my attorney as this would be grounds for slander as it would be justifiable as this should not have never been an issue to come to this point if I had been here in the first place.   Sincerely,   Melissa
Melissa O'Brien
melanns@megapathdsl.net

this is the email I just sent her but I doubt I will get an answer. Will let you know if I do

Melissa - Whats going on with my dishes? I haven't heard a thing about where they are and when I called Fed Ex several days ago they said if you sent two boxes there would have been two tracking #s.  Do you have the other tracking #? Please let me know whats going on and when I can expect my dishes or my $68 refund from you.  Marilyn

I have called Fedex again about the tracking on the multiple shipment as seven business days will be this coming Monday 4-14-03.

The problem with the tracking was this: When I addressed and prepared the 2 boxes for shipment, I used the multiple parcel form supplied from Fedex, and placed that in an attached document window on the bigger parcel. I have never used those before and had always shipped multiple packages as if each one was going to a different place. In late January my route driver corrected the way I had been shipping them previously and gave me the appropriate forms along with a new Log pickup book. If I use the multiple box form then every parcel going to the same address is weighed and treated as though it where one box being shipped at a heavier weight.. as opposed to shipping many individually....lessing the shipping fees dramatically because you aren't paying the basic fees for many boxes. Since your order weighed almost 30#'s combined that makes a big difference...as I'm being charge alot cheaper shipping fee. I don't think I need to explain this any further...

Anyway, I had put the document folder on the bigger parcel along with the form into the re-sealable pouch. I placed the tracking large label on the smaller box and didn't put anything but the address labels on box packages and the document window and the appropriate piece of the multiple shipment form in the window on the larger box. There apparently is a small 1/4" x 2-1/2" inch label on the multiple form sheet that I should have placed on the mailing label on the large parcel for tracking purposes, and for it to be trackable along with the smaller box. So when the larger box moved...any place tracking would have occured the parcel would have kicked out and would have to be hand sorted to the next sort location. If I had labeled both boxes properly than the big box along with the smaller one would have both been shown moving their entire journey. Instead just the smaller box with the larger barcode is showing currently.I am still waiting to hear back the statis of the skip trace search....as well as the alternative reference track that is also being done. I will forward any infomation on as soon as I recieve it. I would appreciate that if your larger parcel arrives in the meantime that you please let me know as well. Thank you once again for your patience. I will be away until early Sunday and will forward any info at that time that may arrive later in the business day today.   Thank You.   Sincerely,    Melissa

Melissa O'Brien
Melanns China Replacements
Pottery, Fine China & Stoneware Dinnerware Patterns
From Heirloom, Antique, & Discontinued to Everyday Dishes!
Family Owned Since 1998
Pensacola, FL USA
melanns@juno.com (hm)
melanns@megapathdsl.net (wk)

I just called FedEx (Again) and they show only picking up one 3# package at her address to be shipped to me, and could find no record of a skip trace search from her. FedEx stated if they are doing a search for her they would correspond directly with her and I would not be involved. The package was sent by her, therefore she must deal directly with FedEx. I have sent her this info and asked her to Please provide me with the incident # she would have been given by FedEx for the skip trace search. The seven business days were up Monday and still no package or my $68. If I do not receive either the money or the dishes I paid for over a month ago or positive proof from her that she sent the large package thru FedEx by 12:00 p.m. tomorrow I am going to file complaint forms with Charles Crist, Attorney General of Florida, Better Business Bureau of N. W. Florida, Federal Trade Commission and Pensacola Police Dept.    Marilyn Maschino

Gary, H
4231 Langley Ave
Pensacola, FL 32504
850-477-3686

Also in one of her emails the email address in it was also gary@megapathdsl.net so this H. Gary is who she lives with and works with also ? as that email server is the one that she says is her work email address. She did not reply to any emails after her last one on April 11. She ignored all emails sent to her both from cautionlist and from Maryln.