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Please help! Need Advise- Broker won't pay says load was "short"

Discussion in 'Ask An Owner Operator' started by diazj, Jul 30, 2014.

Page 1 of 6
  1. Jul 30, 2014 #1
    diazj

    diazj Bobtail Member

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    Jul 30, 2014
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    I delivered a load of produce- apples and pomegranates for a broker, and I thought all was well (minus two damaged boxes by the receivers). Broker was aware of the damage of the two boxes, pictures were sent. Broker was billed by email and original documents sent by mail as well. Never heard back from the broker until payment was due, when I called him to ask for payment. He is now claiming he won't pay because there were cases missing and he did not get paid, I don't believe that because he never contacted me before to try to solve this problem. I was told by receivers that everything was fine, and to sign. However, in the long BOL pages I see that there was a shortage of boxes, but I was not aware of it. I delivered whatever was loaded and thought all was okay, I was told that. Have any of you guys had something similar happened? If so, how did not handle the issue? Thank you!
     
    diazj, Jul 30, 2014
    diazj, Jul 30, 2014
    #1
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  3. Jul 30, 2014 #2
    Chinatown

    Chinatown Road Train Member

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    That's not uncommon when hauling produce. The broker and receiver figured out you're a fairly new dirver and took advantage of you. The broker and the receiver were probably burning up the phones with each other making their plan to stick it to you, as soon as you signed for the load. Contact OOIDA and maybe they can give you the right advice.
     
    Chinatown, Jul 30, 2014
    Chinatown, Jul 30, 2014
    #2
  4. Jul 30, 2014 #3
    ShortBusKid

    ShortBusKid Heavy Load Member

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    If you delivered short of what is on the bills then he/they probably have a legitimate claim. You should always count your freight or sign the bills "Shipper Load and Count". The broker really should have notified you of a claim against the load and followed proper procedure but at the end of the day you're probably screwed if the price of what they said was missing was the same or more than the load paid.
     
    ShortBusKid, Jul 30, 2014
    ShortBusKid, Jul 30, 2014
    #3
    jbatmick Thanks this.
  5. Jul 30, 2014 #4
    diazj

    diazj Bobtail Member

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    Jul 30, 2014
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    Thank you for the replies. I know I should have counted, but I did not know. The "missing" boxes they claim were not delivered are supposedly 50 cases of apples, and looking and copies of my BOL something looks wrong with it, like some pages are missing. I just have printed pages with produce description and in very small numbers a -50, but nothing addressed at time of delivery. I think the broker and/or shipper know I can't file a claim on produce and want to pocket the money.
     
    diazj, Jul 30, 2014
    diazj, Jul 30, 2014
    #4
  7. Jul 30, 2014 #5
    skateboardman

    skateboardman Road Train Member

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    flatbed heaven
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    who says ypou cant file a claim?? but ya need to pay more attention, you are dealing with sharks
     
    skateboardman, Jul 30, 2014
    skateboardman, Jul 30, 2014
    #5
    rolls canardly Thanks this.
  8. Jul 30, 2014 #6
    Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    Follow procedures….it's your $$$. Count it on, count it off. double-check paperwork BEFORE you leave the shipper/consignee. Do not high-tail it to the sleeper when getting loaded/unloaded, EVER !
     
    Allow Me., Jul 30, 2014
    Allow Me., Jul 30, 2014
    #6
    10speed4me, LGarrison, barnmonkey and 2 others Thank this.
  9. Jul 30, 2014 #7
    diazj

    diazj Bobtail Member

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    Jul 30, 2014
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    True, we need to be more careful and I will file a claim and see what happens.
     
    diazj, Jul 30, 2014
    diazj, Jul 30, 2014
    #7
    10speed4me Thanks this.
  10. Jul 30, 2014 #8
    Billyjack

    Billyjack Light Load Member

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    London, KY
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    Turn it over to a credit collection agency and let them battle it out with them. You might only get half of what ever they collect but it is better then nothin. Lot of good advice was given in the posts so take them to heart because once you sign your name it becomes your responsiblity. GOOD LUCK !
     
    Billyjack, Jul 30, 2014
    Billyjack, Jul 30, 2014
    #8
    10speed4me and diazj Thank this.
  11. Jul 30, 2014 #9
    wichris

    wichris Road Train Member

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    If you signed for and then were short 50 cases that's about 1500.00 depending on type/location plus the freight on the 50 cases. The pomegranates are 13-34.00(1 or 2 layers/location)Did you have them at least write damaged and accepted? If not I hope you at least kept them. Can't file on the bond, it's exempt product. If you're going to mess with produce learn to pulp, count the product and check the BOL's.
     
    wichris, Jul 30, 2014
    wichris, Jul 30, 2014
    #9
    diazj Thanks this.
  12. Jul 30, 2014 #10
    6 Speed

    6 Speed Heavy Load Member

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    Jan 2, 2014
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    Was seal intact?
    Claims have nothing to do with freight charges.
    The broker has a bond you can file against.
     
    6 Speed, Jul 30, 2014
    6 Speed, Jul 30, 2014
    #10
    10speed4me and LGarrison Thank this.
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