Am i wrong for not delivering?

Discussion in 'Ask An Owner Operator' started by spearwarrior, Sep 13, 2020.

  1. spearwarrior

    spearwarrior Bobtail Member

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    Mar 12, 2019
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    I had my truck posted on Load board. Got a call from broker with a load from San Frenando, CA to Orlando, FL. I confirmed that my truck was within an hour of pickup after receiving rate con and I would be able to make delivery IF the load paid well enough as I would most likely have to deadhead out of FL to keep moving . Broker offered $9,400 for the load. I asked for an advance after load is picked up and free quick pay once load is delivered. Broker could only do quick pay. I check load board for broker reviews, credit score and days to pay. No reviews, 30 days to pay with 90 something credit score. Broker asks me to head to pick up and we could sign broker carrier agreement after to avoid picking up the shipment late. I advise broker that I will not move my truck without a rate confirmation. After a little push back, broker agrees to send me rate con so I can pickup load on time.

    I give shipper the info provided by broker, few minutes later shipper asks If I work for "not my trucking company" I respond no I work for "my trucking company" shipper asks for my CDL and broker info which i provide. Shipper states that the info is not matching. I call broker who says he will call his customer and fix situation. few minutes later broker calls me back and says everything has been cleared up and if they ask say that I work for "not my trucking company". Shipper gives me a door, I sign BOL head out.

    Broker emails me asking for broker carrier agreement that I failed to sign and return, which i ignore. Broker emails asking for update on location, i respond with location and where I planned on stopping for the night with hopes that he will see that I'm making progress and will deliver early. Broker responds with Receivers hours which lets me know that arriving early would be pointless.

    Next day receive a call from New Broker asking where I am with his load and do i work for "not my trucking company". I tell new broker that i'm on track to deliver on time i don't work for that company and i got rate con from Broker. New broker states that its his customer he brokered the load to not my trucking company for $6000. I call broker and get no response. I email broker and new broker stating that I will not deliver without getting paid in full. both shipper and receiver are closed at this time.

    I call receiver the next morning and let them know whats going on. Receiver states that they have check on hand to pay new broker, that I should call new broker to work it out. Few minutes later new broker calls me back stating that receiver will not pay more and offers me $6000 to deliver I decline. I call receiver to get name to provide my attorney. Shipper states that he has already paid new broker $7000 for shipment load is refrigerated and time sensitive. He will not accept shipment if i try to deliver next week. New broker calls back offering $7000 to deliver which i again decline. New broker says he will call back. I have not heard from broker or new broker since. I'm waiting for shipper to open on monday. I've been told that i should have just accepted what was offered and cut my losses.

    What else could I have done besides checking load board and fmcsa website?
    I'm sure truckload of dairy products has to be worth more than $9400 plus two days storage.
    What should i charge for holding? I want to charge $500 day layover
     
    Last edited: Sep 13, 2020
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  3. blairandgretchen

    blairandgretchen Road Train Member

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    Dec 9, 2011
    South west Missouri
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    Holy cow - I’ve not seen this kind of demand for popcorn for quite some time!
     
  4. spearwarrior

    spearwarrior Bobtail Member

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    Mar 12, 2019
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    Maybe I should have stated that my authority is still under a year and Landstar stiffed me on my very first load. I'm really looking for good advice
     
    jsnell, Eldiablo and blairandgretchen Thank this.
  5. blairandgretchen

    blairandgretchen Road Train Member

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    South west Missouri
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    No, I’m not being a butt head. This is a great insight into operation under your own authority. Looking forward to responses.,
     
    Coffey, Nostalgic, blacklabel and 4 others Thank this.
  6. Sirscrapntruckalot

    Sirscrapntruckalot Road Train Member

    Paragraphs...please.

    That block of text is hard to follow.

    Break it up if you could, otherwise your going to get a lot of...
    "Didn't bother to read the block of text" replies.

    Makes it much easier to follow. Which in turn makes it easier for folks to read and give you advice/help.

    Not trying to be rude, but see it a lot on here.

    @blairandgretchen I got you covered.
    [​IMG]

    ;)

    Sirscrapntruckalot - Getcha popcorn! Popcorn! Hot and fresh, get your popcorn!
     
  7. Spyro2112

    Spyro2112 Medium Load Member

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    Tell the broker to pay original ratecon pay now or take it home and put it in your front yard, do not unload till payment
     
  8. FAST123

    FAST123 Light Load Member

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    Jun 13, 2012
    Easton,PA
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    this is a sticky situation, both parties here are at fault. Had you delivered the load and been short paid you have a rate confirmation which is a contract between two parties.You could have filed against the brokers bond and had other avenues of recourse. The broker, shipper and receiver can report your company for holding the load hostage which cause a ton of issues. They could also file an insurance claim as well. Without really knowing the outcome of when you deliver Monday its a 50/50 shot this will work out in your favor. Assuming you still have the original rate confirm from the 1st broker I believe you technically should be due the $9400.00. Good luck, keep us posted.
     
  9. FAST123

    FAST123 Light Load Member

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    Jun 13, 2012
    Easton,PA
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    Negative. That is not legal and also the carrier is opening himself up to a huge insurance claim, for a first year authority that will put him out of business.
     
  10. 062

    062 Road Train Member

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    From the way it looks to me. The original broker he booked with may be trying to pull a scam. Why would they book it for $6k and then agree to $9400?
    If it was me, I would take the $7k payable on delivery and get out of this mess.
     
  11. JonJon78

    JonJon78 Road Train Member

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    Jul 1, 2018
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    Sounds to me like a perfect match... Two peas in a pod.
     
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