Does broker have legal grounds to proceed with claim?

Discussion in 'Freight Broker Forum' started by sergk1989, Sep 16, 2021.

  1. sergk1989

    sergk1989 Bobtail Member

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    I picked up a load for a broker, the truck had broke down. The load was to be delivered next day, but letting broker know the situation, next day the truck was still in the shop and let broker know by email that delivery will have to be moved or take the load back. We didn’t get an answer from the broker and had one of our trucks return the load. The broker was furious and said they will bill us $2500 for repower. Today we get a email with this bill saying they will proceed with deductions. Broker is TQL. Isn’t illegal to deduct for already completed loads with them?
     
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  3. LoneRanger

    LoneRanger Road Train Member

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    The contract is what matters. You need to read that and see what can the broker do and what they can’t do.


    Btw TQL is a bottom tier Brokerage firm.
     
    TheLoadOut Thanks this.
  4. wichris

    wichris Road Train Member

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    If you had a truck that could return the load why didn't you just finish it?
     
  5. sergk1989

    sergk1989 Bobtail Member

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    This was an owner operated doing a favor and had things at home, so couldn’t go that way
     
  6. wichris

    wichris Road Train Member

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    Well, when we have a breakdown we will pay whatever it takes to deliver when it's supposed to. If it means deadheading a truck 500 miles, so be it. I'm sure if you offered that O/O enough money he would have done it.
     
    Aamcotrans, Lite bug, dunchues and 6 others Thank this.
  7. Mike250rs

    Mike250rs Heavy Load Member

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    You never stated you got the OK from broker to return the product.

    You should have waited until you got a new del time and just gone that route.
     
    Aamcotrans, Lite bug and Dino soar Thank this.
  8. Dino soar

    Dino soar Road Train Member

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    This is the problem. You can't just take it upon yourself to take it back to the shipper. Even if the broker does not answer you you still cannot take it upon yourself to just do that. That is not completing the load, either. You actually did the opposite, you broke the contract because you moved the load without the brokers Direction.

    If a broker doesn't answer you then you need to have a series of emails that you have attempted to contact him and recorded phone calls that you've attempted to call and then in your final email you tell him I've attempted to contact you this many times you have X amount of time before the load goes into storage or whatever it is you're going to do.

    At that point the broker will get back to you.

    Now, you should contact a transportation attorney as soon as possible.

    And if you have done any other loads for tql they can hold that money to pay for these charges.
     
  9. Judge

    Judge Road Train Member

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    I once had to DH from Memphis TN to
    Sioux City IA because a broker playing games, sent me after a load that wasn’t going to be ready for a week, and had a reload back.
    But I covered my commitment, and never used that one broker again.
     
    Lite bug Thanks this.
  10. wichris

    wichris Road Train Member

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    Most of our loads are direct customers, quickest way to lose one is to be days late. Take one back to them and you'll lose more than just that customer.
     
  11. bad-luck

    bad-luck Road Train Member

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    It sounds like you did not get permission to return the load to the shipper. If your truck was down you should have worked with the broker to find a truck to repower the load. You can't just return the load without authorization. You have not fulfilled your commitment! You were hired to pick up and deliver a load, I understand you broke down and things happen. But you can’t just return the load without authorization and not have any consequences.....
     
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