Am i wrong for not delivering?
Discussion in 'Ask An Owner Operator' started by spearwarrior, Sep 13, 2020.
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feldsforever, Coffey, alds and 12 others Thank this.
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I don't haul refrigerated Freight so take what I say with a grain of salt.
If the receiver is telling you that they paid the second broker $7,000, and that broker is telling you he's willing to pay you $7,000 I don't know how much more you can get out of it than that.
Like I said I don't run refrigerated Freight but if you don't deliver that load and the load goes bad and the receiver won't take it then you're going to have a claim or you're going to be responsible for the amount of whatever that is that's on the trailer which I can only imagine is a lot more than this load. That is going to make things a lot more complicated and Messier.
If you are a member I would contact ooida and I would also contact dat, I assume that's where this broker advertised. I've had some questionable things with Brokers and I've called dat and they were very helpful.
The real issue is with the first broker. You have a signed rate con from them. You also did not sign their agreement.
I would say that's in your favor because when you sign those agreements you agree to the terms of litigation and how you can go after them. You did not sign any of that so you may have many more methods to recover that money from the first broker.
I would say you need to consult with a good Transportation lawyer. Ooida may or may not be able to help you with that.
But I think it's best to make the delivery and then go after the first broker in whatever way that you can.Coffey, Speed_Drums, bryan21384 and 5 others Thank this. -
Shady People and Double Brokering
I haven’t been to Cali in years, but seems like it’s fairly common for scammers to do things like this. -
I am a member and will contact OOIDA tomorrow morning. I called DAT, they were not as helpful as i expected. They documented my situation and told me they couldn't tell me what to do.
Dino soar and blairandgretchen Thank this. -
Last edited: Sep 13, 2020
Speed_Drums, bryan21384, rachi and 4 others Thank this. -
Midwest Trucker and blairandgretchen Thank this.
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They also will check, if they did not do that already, that it is the correct brokerage that you're dealing with the same phone number the same address the correct MC number.
My issue was that a broker claimed to be a subsidiary of another broker and I could not find any information to substantiate that.
They did assist me and I found that it was the correct broker. -
You can look up each broker in the safer system. Enter the MC# in the company snapshot, then click on licensing and insurance, then html. You can see how long in business and revocations.
Sirscrapntruckalot and Dino soar Thank this. -
You have a perishable product on your reefer and potential claims if you don't deliver it in timely manner. The shipper may not want to take it back either. Meanwhile there is a time factor.
You do have the $9400 rate con so the law should be on your side.
I think the best thing is to deliver it ASAP, bill the "new broker" or whoever sent you the rate confirmation for $9400 and then fight disputes.
Unless the broker/shipper wants it back and authorizes return.
Difficult situation.Speed_Drums, bryan21384, Sirscrapntruckalot and 3 others Thank this. -
You said it’s dairy products... what exactly is it?
Does it say anything about being a exempt commodity on the bill?
Maybe @wichris is around todayRedForeman, Dino soar and Cat sdp Thank this.
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