This could get long, so I'll keep it as brief as possible and just outline the situation.
I was a lease operator/owner op for a company. The truck was leased to me by the individual that owns the company, not the company itself. The company then hired me on as an o/o even though I never saw a title.
Company paid me a percentage, I never saw a single rate sheet, and was ignored when I asked.
They required me to pay for their insurance, they pooled the IFTA taxes for all of the drivers, including his 3 company drivers instead of letting us pay separately or getting our own IFTA sticker.
If I left my truck at the shop on weekends, they would do maintenance, even if it wasn't needed, and charge me for it (8 brand new drives and there was nothing wrong with the old ones for instance)
They wouldn't let me use my escrow except for work that was done at their shop, any other maintenance was taken out of my settlement even if there were sufficient funds to pay for it.
I was forced (even though it wasn't in the contract) to pay $40 a month for a cell phone because he wanted us to use it as a log book.
In the contract it said if I had a trailer I would receive 90% of the gross on loads and if they wanted me to use a different trailer, as long as I left mine their for their use, I would still get 90% but if I didn't I would get 84%. I left my trailer there numerous times and they didn't pay me the 90% stating that they didn't use my trailer so I didn't get the extra pay. It was explained to me at the beginning that the company actually using it was not a prerequisite to earning the 90%.
No interest was paid on the escrow and none of it was kept separate from their operating funds.
I've found at least 8 violations of Part 376 of the DOT code describing the regulations concerning leasing.
I had to pay for my license plates for the full year and didn't use them for the full year and they refuse to pay anything back, even though 3 days later they had someone else driving my truck.
They withheld my final settlement and said it was for maintenance. 2 weeks later they have finally sent a detailed report stating where it went and 85% of the work they said that it needed was fabricated (10 three pin light connectors needed replaced, 7 tires needed replaced even though they only sold me THIS truck 1 month ago(i have photos showing the truck), said that the trailer was leaking and replaced half of the body panels and roof even though there were no leaks when I returned it (I have photos of the outside condition of the trailer when I bought it and when I returned it), $100 cleaning fee although inside was spotless (photos to prove it), etc.)
They fired me because they said that the minimum escrow amount (which is in the contract as $1000) was going up to $5000 and I told them I was going home after delivering in PA until they wanted to follow the contract that they signed and expected me to follow. I was in Tennessee and live and was delivering in PA. They gave me 5 hours to deliver and have the truck to them or they were going to call the cops. I went ahead and drove home to empty my things out and took it back about 10 hours late with no police involved.
I have about $8000 in truck payments (between the 3 sequential trucks they leased me (payments were supposed to carry over, never did)) alone just this year, about $20,000 in maintenance on them, and he cannot claim that they lost value because he sold them for more to the next people than he sold them to me for. Not counting fuel and taxes I had about $40,000 all together tied up in them. Most of the maintenance they did while I was still working was not needed and was not authorized by me, my signature is nowhere on the bills.
Any chance that I'm going to see any of my money ever again?
Another Leasing Scam--advice please
Discussion in 'Trucker Legal Advice' started by Tez, Aug 21, 2012.
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The best thing you can do is get a lawyer. And post company name so other drivers don't get screwed by the same outfit.
Big Don Thanks this. -
whta is the company name and where are the pictures?
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I'm kind of worried about posting the company name because I don't want to harm any potential litigation. The pictures are on my phone. When I dropped the truck off I went around the entire truck and the interior taking pictures because he's done this to other drivers when they wouldn't allow him to screw them. 2 of which I'm still in contact with.
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Nope. Probably not.
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That part I don't understand.
Do you have an original lease contract you signed? If so go see a lawyer. People like that screw you and then hope you go away. -
I have all 4 leases for all 4 trucks. Sorry, the 8 brand new drives were on the Volvo that I started driving in November of last year. He decided it was a problem and wanted to sell it and sold me a Freightliner which ended up having serious steering issues (gearbox locking up and the like), so he sold me a Kenworth which had a fresh puddle of oil under it. Said he'd fix it, but his fix was to put putty on the gaping crack in the front housing. After I got a ticket for the oil leak he sold me the last truck, a Peterbuilt, and still charged me for a new front housing. They put a steer tire and 2 drives on the Pete the day I got it, charged me for them, the next week it needed all 6 shocks and a sleeper airbag, then the clutch fan went (it had been bad since I got it, it was putting itself in safe mode, running constantly until it idled), then the ac went out.. tons of fun
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the one bridgestone tire was still good,,,
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L/P = a way to get the drivers to pay for trucking companies operating expenses

crb and lonelyswmtrucker Thank this. -
If I can figure out how to post them, I'll post the 3 invoices that they emailed me with my settlement, it'll be quite entertaining to anyone who knows trucks, especially since they sold me the truck 1 month ago.
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