If you were completely right , which you are not, I would attack T.Q.L.'s operating bond and demand payment, they would fork over quickly and avoid any issues with their bond provider.
I did run advertising flyers to news papers for a few years and quite often skids were triple stacked some full skids and some only 12 inches high, they would stick them on however they could. A skid for Springfield MA. on top a 2 skids for Boston etc..
Learned quickly to supervise the unloading even if the receiver was unionized and did not want us on the dock.
If you are doing LTL. or FTL. multi-drop you have to be vigilant. I would have driven back the 30 miles and got the freight and re delivered it myself. This has probably happened to every experienced driver, hopefully only once!
TQL refuses to pay for delivered load !
Discussion in 'Freight Broker Forum' started by BretStep, Nov 24, 2012.
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Let's be nice -
~Bridgett -
~Bridgett -
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I was just lightheartedly hard timin' ya a bit as a reminder that we could all be a little kinder. No hard feelings, I hope.
"And why do you look at the splinter in your brother's eye, and not notice the beam which is in your own eye"? ~Matthew
~BridgettLast edited: Nov 27, 2012
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I must say that this is one of the most interesting threads that I have read. I will make it short and sweet. I as all the other drivers have said, I have always checked my trailer when I haul an LTL load. I have made plenty of drops in the middle of the night with little to no sleep after running my ### off to get there and have been to more than enough places that wont let you on the dock during the process. You ALWAYS, ALWAYS, ALWAYS have to check your trailer in between drops. I have always got in the trailer and counted the pallets that were left to make sure it was correct. The few times that it was not correct I backed up to the dock and made sure that whatever was missing was returned to my trailer in the same condition as when it came off. As far as TQL is concerned, YOU as the driver are responsible for that load. That entales making sure that you have what you are supposed to have on after every stop. I wouldnt pay either if I was a company. The load did not get properly delivered. Your lucky that one of them wrote a nice note and excused it. Every place I have been would have told you if you dont have their product you can leave with your unsigned bills.
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Fact one: Driver leaves stop without last part of load (not a good idea)
Fact Two: Driver gets to next stop and discovers fact one and after some calling everything is worked out satisfactorily between post office, tql and any others concerned.
Fact three: Taking into consideration that all parties are in agreement the contract for delivery has been completed and driver should be paid
With this said tql verbally agreed to a add-on addendum to the rate confirmation of said load by allowing it to proceed when driver called them before leaving
leaving the post office stop. We all know tql is a turd company that screws folks regularly, so why would you even try and defend them?????
Filing on a bond is a "quiet" matter. Filing suit in court is a public record drag them through the mud is what I say. You may win more than the rate they owe you.
People have this misguided notion that cases get tossed out on technicalities, that's far from the truth. There's a court ruling you can look up that states a Pro Se's filing has to be looked at and attempted to made to fit or work even with errors, this was cause lawyers would try and get non lawyers filings dismissed without court review. If you file your case will be reviewed by a judge and your voice will be heard...
I have filed five or six civil cases and collected something in everyone and appeared in four carrier related cases, one OOS and three violations and won them all.
I have twice had violations removed from csa 2010 the last one in sept. 2012. I'm no lawyer and offer no legal advice but you can't win if you don't try.
Here's the biggest problem people want to substitute their opinion for fact and it just don't work. State the facts and your claim and it will fall where it needs too.trees Thanks this. -
To Mc...
You have brought up several interesting points. I confer on most of them.
Why I had suggested filing on the bond is that it is quite simple to do, it does not require representing yourself in front of a judge.
You are right in mentioning that we lack lots of details regarding the whole scenario. I myself am quite litigatious, and enjoy court, I get a kick out of your justice of the peace, you can really negociate with them. I think the load should have been paid for , although not fully seeing the carriage contract was not completely fulfilled. I am not sure the case could be won easily.
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