Warning - APEX Capital allows brokers to rob truckers

Screw tql we did some runs for them they wait for you to pick it up then change the delivery to a date that it's impossible even for teams to drive and don't pay if you don't get there on time and we did one and they refused the load absolutely nothing wrong with it no pay again and our insurance had to cover the whole freight

 

It is not illegal to not pay a vendor. It is a civil matter. You need to read your contract with the broker. Some have a clause which allows them to withhold payment until a claim is settled. I believe you meant that TQL owed you $30,000, not that you owed them that amount? Depending on how the contract is worded, they may or may not be able to legally withhold the entire amount you are owed. They should only withhold payment for the current load unless your contract states otherwise. Essentially, it was your driver who is to blame. That means that you are responsible since you are the owner of the equipment and the one who holds authority.

You can't blame your factor. They won't pay you until all claims are settled and they know that there is a good likelihood that they will be paid. I am not a fan of TQL, but I don't blame them for this situation. Had the driver tarped as he was supposed to and there had not been a claim then there would probably not have been a problem.

 

sounds like too much of the pie is missing from this one.....

 

So Apex is saying that you owe them $30k now? I am assuming that since you factor all your bills that Apex has already paid you...once the claim is settled then you should be fine, you have insurance so TQL will be compensated for the damaged load and they will release payment promptly

 

If I remember right, it's in the contract with TQL that if there's a claim or back barge for pallets, late deliveries, etc, they hold payment of other loads to cover their costs, until the matter is resolved, and in your case, until your insurance pays the cargo claim. Can't fault them for that, because they are on the hook for the load until your insurance pays up.

 

I wouldn't sign that contract without crossing that paragraph out!

 

I usually make changes to contracts that I sign with brokers. Some may not want to accept my changes. If that is the case then I don't do business with them. I never sign one sided contracts. If you signed a contract that had wording that allowed them to keep money until a claim was settled then you will need to live with it. You can't blame your factor. You are the one who signed the contract. I would expect that this will be settled as soon as the claim is paid.

 

If the contract says that they can withhold payment until the claim is settled, then they are not late. It has nothing to do with the size of the broker. It has everything to do with what is in the contract. If you both signed the contract then both can be held accountable to the terms. Did you read the contract before signing? I read every word of a contract before I sign. If there are terms that I don't agree with, I change it. If the broker doesn't want to go along with my changes then I don't do business with them. Just because something is presented to you in a contract, doesn't mean that you must sign it without making any changes. There are a lot of brokers around. If you don't like the one with whom you are working, then find another. I have no idea why Roadrunner failed to pay the full amount on the load confirmation. From your previous post I could assume that there could have been another claim. Some rate confirmations and/or contracts provide for fines if the load is late being delivered or picked up. I never sign a contract with that language without marking that out of the contract. Too many things can happen that are out of my control. But, if you signed it then you own it. I think you are leaving some things out of your post? I can't see coming on a public forum and trashing companies where your driver was apparently at fault, at least with what you posted about TQL. We all make mistakes. You learn to deal with it and go on. It sounds like you may be having some driver issues rather than problems with brokers or a factor. Brokers don't usually short carriers on what is on a rate confirmation. My guess is that it was either an error or something was charged back to you. In any case, you should have called Roadrunner if you don't understand why they paid less than what was billed from the rate confirmation.