News

Got screwed by auto transport company

Discussion in 'Other Off Topic Forum' started by mighty, Dec 28, 2003.

  1. mighty

    mighty Karting

    Nov 2, 2003
    231
    They were supposed to pick up my car on dec 16 and ship it to my new location but couldnt do it until yesterday (dec 27). As a result, i had to rent a car to commute, make a bunch of phone calls, which cost me $300+. On paper, i still owe them $550 (which i should pay upon delivery) but there's no way in hell i'm paying that since they screwed me up so bad. So i want to settle this with a $300 discount but i dont know how they'll respond. I'm also afraid they wont release my car until they get the full $550. How should i deal with them? Should i threaten them with a lawyer if they dont want to give me a discount? Thanks.
     
  2. mighty

    mighty Karting

    Nov 2, 2003
    231
    Some more information: the total cost was $750. I paid $200 already on credit card. So i owe them $550. And yeah i have the receipts for renting a car.
     
  3. allanlambo

    allanlambo F1 Rookie

    Jun 9, 2002
    4,363
    Maui
    Full Name:
    Allan
    Simple pay balance with check... then stop check.
     
  4. darth550

    darth550 Five Time F1 World Champ
    Lifetime Rossa

    Jul 14, 2003
    58,132
    With Stu
    Full Name:
    St Mark
    If you try to stiff the guy when he arrives with your car it will be a scene for sure (after all, he is just the truck driver). Without getting too into it (The amout of money is such that you will have a small claims action) look into charging the difference on your card (to ensure you get the car off the truck) and disputing the charge.

    my .02

    Edit: Allan, that may be actionable.........I dunno.:)

    DL
     
  5. Doody

    Doody F1 Veteran

    Nov 16, 2001
    6,099
    MA USA
    Full Name:
    Mr. Doody
    be very careful, dude. you're playing with fire.

    assuming you signed a contract with them, that contract almost certainly stipulated that "the schedule may change" and you have no recourse in that event.

    many shops will NOT take personal checks for first-time customers for just the reason allan suggested :).

    ccard is the best option, but i'll bet dollars for doughnuts they won't take it from you if your a first-time customer as well.

    if you don't pay, expect to not get your car. you have very little leverage here - be careful, lest you end up out thousands upon thousands instead of a couple hundred..

    doody.
     
  6. Dave

    Dave F1 Rookie

    Apr 15, 2001
    2,722
    Little Rock
    Full Name:
    David Jones
    I guess driving the car to the location yourself was out of the question?
     
  7. SRT Mike

    SRT Mike Two Time F1 World Champ

    Oct 31, 2003
    23,199
    Taxachusetts
    Full Name:
    Raymond Luxury Yacht
    Don't take Allan's advice, whatever you do! Stopping payment on a check is, as far as I know, illegal. It's basically the same as passing a bum check, and if you do that knowing you will stop payment, you may be in a lot of trouble.

    I doubt you will get your car if you don't pay, and I don't think the driver will be too happy, because he will have come all the way out there for nothing.

    Check your contract - do they guarantee delivery dates? I'm guessing not... and actually, this is one of the risks you take in situations like this. I don't see how they are liable to pay for your rental car because the schedule slipped a bit. They specifically disclaim these sort of "damages", if you read your fine print.
     
  8. allanlambo

    allanlambo F1 Rookie

    Jun 9, 2002
    4,363
    Maui
    Full Name:
    Allan
    If stopping payment on a check were illegal, the bank would not allow you to do it. If you feel you have legal merit in stopping a check you can do so. If the other party decides to fight you on it, then it would be up to the court to decide. Writing checks without funds, is illegal.
     
  9. 96impalaSS

    96impalaSS F1 Rookie

    Dec 8, 2003
    3,504
    Hell
    Full Name:
    Chris
    let it be known dont fu ck with allanlambo.
     
  10. teak360

    teak360 F1 Veteran
    Silver Subscribed

    Nov 3, 2003
    9,153
    Boulder, CO
    Full Name:
    Scott
    Most transport companies have very carefully constructed contracts which absolve them of any damages due to delayed pick-up or delivery. Read what you agreed to, you probably don't have a leg to stand on. If you have an argument with the driver, he may drive off with your car and then you will be responsible for additional charges. My advice is to pay the money and get your car. Write a letter politely requesting a refund. You might get some of your money back, but not likely.
     
  11. WILLIAM H

    WILLIAM H Three Time F1 World Champ

    Nov 1, 2003
    34,891
    Victory Circle
    Full Name:
    HUBBSTER
    usually they demand a certified check which I dont think you can cancel. I would call them & tell them you want the $300 for the rental & calls replaced or you will never use them again & tell everybody on the internet what they did. Might want to call the BBB also
     
  12. mw575

    mw575 F1 Rookie

    May 30, 2001
    2,924
    Lake Oswego,Or
    Full Name:
    Martin J Weiner,M.D.
    IMO you do not have a legal leg to stand on. However in my experience with a similar situation(transporting a 355 from Fla to Oregon which took 3 weeks),a calm discussion with a supervisor requesting a discount will probably work(as long as you don't come off like a real jerk-off).You could also gingerly mention the F-chat forum and how impressed your fellow chatters would be if they take your hardships into consideration.
     
  13. Joe G.

    Joe G. Formula 3
    BANNED

    Dec 9, 2003
    1,077
    Los Angeles
    Full Name:
    Joe Gazzani
    WHat's the exact name of the transport company ?

    Sounds like Autobahn Transport out of Illinois.
     
  14. mighty

    mighty Karting

    Nov 2, 2003
    231
    On the contract, i think it says they could delay pick up between 8-10 days. As for the estimated pick up date, it says dec 16-17. Does that mean dec 27 would be their last day to pick up my car without violating the rules? Man, if this was planned then i have to say they're complete *******s. By the way, the company's called National Auto Transport. DONT USE THEM! They're just an agent though, the carrier's someone else.
     
  15. Glassman

    Glassman F1 World Champ
    Silver Subscribed

    Apr 23, 2002
    12,822
    The answer is very simple. Put the balance on your credit card, and then dispute all the credit card charges when you get the bill. There isn't a freeking thing they will be able to do about it, and the credit card company will shove the whole thing where the sun doesn't shine!!!
     
  16. SRT Mike

    SRT Mike Two Time F1 World Champ

    Oct 31, 2003
    23,199
    Taxachusetts
    Full Name:
    Raymond Luxury Yacht
    IMO thats a pretty crappy attitude. Basically he has a contract, and it appears the transport company has lived up to their end of the contract... and now you are suggesting he "pay" and then dispute it. What exactly is the dispute? My company takes credit cards, and it is not even close to as one-sided as you think. They will contact the shipping company and tell them the customers story, and request documentation from the shipper. The shipper shows them the signed contract, shows the pickup and delivery date, and the CC company will allow the charge to stand.

    Allan, you are wrong about stopping payment on a check. If you go to the store, pay by check, then go stop it - that IS illegal. If you ask your bank, I believe they have a pretty strict set of rules for which you can stop payment, and its lost check, stolen check, or if you are the victim of fraud, etc. "I dont like the way they conducted business" is NOT a valid reason. Bouncing a check is theft. Writing a check and stopping payment on it knowing all along you were going to do that is theft also. You really need to know what you're talking about before you potentially get the guy in trouble over this.
     
  17. stokpro

    stokpro F1 Rookie
    Owner Lifetime Rossa

    Jun 25, 2003
    4,244
    Himalayas
    no, sounds like Dependeable Auto Shippers (DAS) from Texas.
     
  18. allanlambo

    allanlambo F1 Rookie

    Jun 9, 2002
    4,363
    Maui
    Full Name:
    Allan
    Wow, Mike. Lets see, obviously if you go buy something at a store, and then stop payment for no reason, that is illegal. But according to him, he Feels, that there was fraud involved. Aslong as he Feels that way, he can absolutely stop payment on the check. Now, if a court finds there was no fraud involved, thats another story.
     
  19. Glassman

    Glassman F1 World Champ
    Silver Subscribed

    Apr 23, 2002
    12,822
    SRT Mike,
    In my humble opinion you don't know what you are talking about. If you take credit cards as does my company, you should be aware that a customer can dispute any charge they feel is out of line, and from my experience the credit card company will absolutely kick ass for their customer. I personally like this type of customer service, and while I agree that it is unethical to not pay for services rendered, I will not tolerate crappy service or over charges just as I would not expect my own customers to accept them from me.
     
  20. Tyson

    Tyson Formula Junior

    Jun 5, 2003
    636
    Idaho
    Good to see you back Glassman.
     
  21. FerrariFrank1

    FerrariFrank1 F1 Rookie

    Aug 15, 2003
    3,887
    Chicago-Phoenix-L.A.
    Full Name:
    Frank
    Well.I believe that we've had this conversation before,and,chalk up another reason to drive it yourself!
     
  22. wax

    wax Four Time F1 World Champ
    Advising Moderator

    Jul 20, 2003
    41,755
    SFPD
    Full Name:
    Dirty Harry
    Too much margin for error in "I think." Look at the contract. Quote it. Business days or Calendar days?

    Business Date:
    8 days: If 12/17 is last est. pickup date and 12/27 is date of pickup, they fell within contract guidelines.
    10 days: If 12/17 is last est. pickup date and 12/27 is date of pickup, they fell within contract guidelines.

    Calendar Days:
    8 days: If 12/17 is last est. pickup date and 12/27 is date of pickup, you are entitled to reimbursement of cost of 3 days of car rental. Specifically, the 25th-27th, as 17th thru 24th are 10 Calendar days.
    10 days: If 12/17 is last est. pickup date and 12/27 is date of pickup, you are entitled to reimbursement of cost of 1 day of car rental. Specifically, the 27th, as 17th thru 26th are 10 Calendar days.

    Reimbursement and dispute is with the Agency. Not the driver. Nevertheless, obtain what information you are able to get from driver regarding Transport Company, and be courteous about it. After all, it's possible he spent Christmas on the road with your vehicle, just doing his job, come hell or high water.

    The Agency and the Transport Company will have to work things out between themselves. You work things out between you and the Agency. If stonewalled, simply say "Beware the fury of a patient man" - and say it with a smile. When bad boys say sinister things with smiles on their faces - that's when they're really sinister. But don't be sinister about it.

    Don't play games with checks for services provided. You're old enough to know what is negative and positive. So are debt collection agencies. So are credit ratings. So are small-claims courts. Either way, you lose. So don't play games.

    When all is said and done, chalk this experience up to "Live and learn."
     
  23. JamesH

    JamesH Formula Junior

    May 11, 2001
    268
    San Carlos, Californ
    Full Name:
    James Hom
    Instead of everyone argueing whether its right or wrong to stop payment on a check or dispute a charge, we need to know all the facts. I have had 2 cars shipped and was unhappy with the delivery schedule on both accounts. On the last one, my tool kit, all the money in the ash tray and who knows what else was stolen from the ferrari. But, the contract I signed stipulates the possible delays in deliveries and also stipulates not being responsible for lost items. I dont like it, but I had no choice since I knew their policies. I could have paid twice the amount and had it hauled in an enclosed car hauler, but I was too cheap. We get what we pay for, unfortunately. Just my opinion.
     
  24. allanlambo

    allanlambo F1 Rookie

    Jun 9, 2002
    4,363
    Maui
    Full Name:
    Allan
    You have a Ferrari, and scimped out to save a few bucks and sent it open carrier? lol Thats funny. Id never send any car open carrier.
     
  25. JamesH

    JamesH Formula Junior

    May 11, 2001
    268
    San Carlos, Californ
    Full Name:
    James Hom
    Yes I sent a ferrari in an open carrier. I did it to save a thouand dollars. The car was going into the body shop when it got to california anyways, so I took the cheap way out. Except for the lost tool kit and some money, the car arrived without a scratch. If I had your money Allan, I would send it in an enclosed trailer too. :)
     

Share This Page