Broker trying to not pay

Discussion in 'Freight Broker Forum' started by gokiddogo, Jul 30, 2013.

  1. Jul 30, 2013 #1
    gokiddogo

    gokiddogo Road Train Member

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    Picked up a load (2 pickups) in North Carolina. Delivered it (2 stops) to Toronto ON and Montreal QC. Load was originally supposed to be ALL green beans (42 degrees), but shipper only had 16 pallets so they sent me over to a sweet potato place to pickup 5 more pallets (55 degrees). I pulped every pallet of the beans, and ALL pallets were right perfect at 41-43 degree range. Ran reefer at 42 continuous until delivery as instructed by broker. Toronto accepted their beans no problems. Next morning Montreal accepted the sweet potatoes no problems, half of their beans no problems, 5 pallets of the beans they noted each pallet temp on the BOL and they were all in the 50 degree range, but they "received under protest". Broker now tells me that the receiver doesn't want to pay for the warm pallets. I tell him if that is the case they should have rejected them and put them back on the truck. The invoice was put in the mail 27-june. I have called about this load payment on 16/july, 22/july and 30/july, broker agrees with me that they owe, but they(broker) will not pay me until they(broker) receive email confirmation(from receiver) that they will indeed pay THEM (broker). Today they are dodging my calls. Each time I have gotten the "I will call you back" which is evidently complete BS. Today when I put the heat on to the accounts payable person, he tells me he is going home at 4:30 and tells me to call back at 8:30 the next morning. This is the only load I have hauled for this brokerage and will be the last. After the dust settles I will reveal who all of these parties are. Please advise. Thank you.
     
    gokiddogo, Jul 30, 2013
    gokiddogo, Jul 30, 2013
    #1
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  3. Jul 30, 2013 #2
    jbatmick

    jbatmick Road Train Member

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    Received under protest, if so accepted, allows the buyer to keep the product, and sell if possible.Usually an inspection by a USDA inspector is done,at least here in the U.S. it works that way. Not a whole lot you can do now , except keep after the broker.USUALLY, if the parties are reputable, you will eventually get your money. Perhaps demand a copy of the settlement sheet.Look at a Blue Book and check both the receivers and brokers history.
    Never leave a receivers dock if there is a problem with the bills getting signed clear. Get it settled then.
     
    jbatmick, Jul 30, 2013
    jbatmick, Jul 30, 2013
    #2
    gokiddogo Thanks this.
  4. Jul 30, 2013 #3
    Redbone311

    Redbone311 Light Load Member

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    OK, I'm just trying to learn here, not ball ball breaking. Just want to know what to do if I ever end up in that situation.
    So your still at the receivers, he says he doesn't really want them, but like you said, he may be able to sell them, they may not go bad, but then again they may, and he wants to put received under protest.

    What more can you do at the receivers? You say not to leave until settled........ but what more can be done?
     
    Redbone311, Jul 30, 2013
    Redbone311, Jul 30, 2013
    #3
  5. Jul 30, 2013 #4
    jbatmick

    jbatmick Road Train Member

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    Call the broker ASAP when a problem even starts to develop, that is what they are paid to do.Get them involved before you leave. Request a federal inspection, if they refuse the product, and a lot of $$ is at stake.
    Did you pulp the beans when they said they were warm ? Make them show you the problem.
    Really, you are at their mercy, it usually comes out OK.

    Hauling produce is a crap game, and they own the dice and the table.
     
    jbatmick, Jul 30, 2013
    jbatmick, Jul 30, 2013
    #4
  7. Jul 30, 2013 #5
    NavigatorWife

    NavigatorWife Road Train Member

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    Sounds like a good idea to not haul a split load like that too, but what choice do you have if they decide to do it that way. Sounds like someone who planned this load this way is a little responsible for this also. Hope you get your money.
     
    NavigatorWife, Jul 30, 2013
    NavigatorWife, Jul 30, 2013
    #5
  8. Jul 30, 2013 #6
    Ribeye

    Ribeye Light Load Member

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    Most produce houses/receivers will put that 'received under protest' on bills to cover their #####. Standard practice.

    The broker is full of sh__. He needs to pay you regardless whether he gets his check, that's why they have a Bond. Go to OOIDA's website or google it, about 'filing a claim against the broker's bond'. That is your main recourse. Once you file that claim, their bond-holder/insurance provider will contact that broker about it. That should get their attention.

    Look up the name of broker on the fmcsa site, or safer site, either by their name or if you have their DOT number. Then you can go through those pages and see exactly who their bond/insur. guy is, and there will be name, ph number and address for them. Also, if all that fails, I think you can also go after the shipper/receiver for payment as well. Inform the broker of that as well, that you'll be contacting the shipper/receiver as well about your payment, see what they say then. Good luck.
     
    Last edited: Jul 30, 2013
    Ribeye, Jul 30, 2013
    Ribeye, Jul 30, 2013
    #6
  9. Jul 30, 2013 #7
    Ribeye

    Ribeye Light Load Member

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    Ribeye, Jul 30, 2013
    Ribeye, Jul 30, 2013
    #7
  10. Jul 31, 2013 #8
    wichris

    wichris Road Train Member

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    Can't file on a bond for produce. Exempt product. Unless you have an ancient reefer,have it downloaded to prove what temp it maintained.
     
    wichris, Jul 31, 2013
    wichris, Jul 31, 2013
    #8
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