GENERAL ISSUES
-> Moving problemsAug 27, 13:31
Question by alangham (arthur langham)
My movers are 21 days past their delivery date. What can I do?
The brokers are blaming the mover and vice-versa. I've got a new delivery date, but it's about the 8th one I've gotten. Is there anything I can do other than report violations to the FMCSA, DOT, and BBB (which are apparently useless because this company already has at least 18 violations reported this year)? The company is Transglobal/Transatlantic, btw.
Aug 28, 14:35
Answer by alexzehn (Alex Z.)
Arthur,
I'm sorry to hear that you got into this situation with your movers. Although it wouldn't help you a lot, but I just want you to know that this phenomenon is quite common during the summer months, especially August. Usually, if you encounter those problems it does not mean that you were scammed or that your shipment is held hostage, but that the movers have too much pressure on their resources and they are not capable of promissing you any solid delivery date.
Regarding reporting violations - since you used a broker to organize your move it is true that reporting violations probably wouldn't help, since the ones who hold your shipment are not the brokers but the movers they hired.
Here is what Julie suggested to another consumer who is dealing with similar problem: What should I do if the movers postpone my delivery date?
Most probably your shipment is still in the transit storage facility where it was originally picked up, waiting in the queue until some available interstate truck (either from another company or owner-operated that this company is working with) going your way will be available to do the delivery. Frequent calls to the dispatch might in fact help your shipment to move up in this queue.
Hope it helps.
Good luck with your move,
Alex Z. @ MovingAnswers.org
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Aug 29, 19:16
Comment by alangham (arthur langham)
Alex,
Thanks. I have a follow-up question: Does this mean that the only recourse I have is with the mover himself? He has told me that he does want to work with the broker anymore and at one point told me he "quit" moving for them and that the broker company was now responsible for making arrangements for the delivery of my items.
Arthur
Aug 31, 17:23
Comment by alexzehn (Alex Z.)
Arthur,
(please see this answer as a recommendation only, and not as legal advice, since I believe you could use some professional legal help at that time)
Please take a look at the following article: Documents for Interstate Move. Under "Bill of Lading" you will find the following explanation:
The bill of lading is the contract between you and the mover. The mover is required by law to prepare a bill of lading for every shipment it transports. The information on a bill of lading is required to be the same information shown on the order for service. The driver who loads your shipment must give you a copy of the bill of lading before or at the time of loading your furniture and other household goods...Although you did have an initial contract with the broker, the party that is now responsible for the safe delivery of your items is in fact the moving company that was hired by the broker to do the actual move.
It doesn't mean that the broker shouldn't be helping you, but in reality I wouldn't count much on their help. Your best shot is to use the "attrition" strategy with the mover, and use the fact that by law he is responsible for your shipment and not the brokers (after all, its in his posession).
I can safely assume that this incident has to do with some miscalculation on the mover's side when he accepted this job. Probably, the broker have taken a lion share of the profit, and by the time your shipment was picked up the mover realized that he is going to loose on that job - hence he decided that its ok to just abandon it and place the responsibility back on the broker.
If that is the case (and from my experience chances are that is) then you should probably look into getting some legal help on this issue (bring a printout of this webpage just in case), and consider together with your lawyer some rather drastic measures, for instance - a credit card dispute on the deposit you paid (I hope you used a credit card for that...), etc. Also, try to get some inside information from the broker and the mover in regards to the deal between them, and the reason they had a fight. The more you know the better you will solve this incident.
Good luck.
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