False cargo claim

The broker well know TQL. BOL signed : "received under the protest. 6 pallets reported minimally high temperature. Never allowed me to check the bad pallet temperature at the receiver. 5 hours after the delivery USDA check the pallets and number of bad pallets increased, become 9.

 

I never ever will take loads from them. I don't care about them. My friend lost case against them few years ago and strongly sugeted to take a

I never ever will take loads from them. I don't care about them and whatever reviews they post about me My friend lost case against them few years ago and strongly suggested to take a lawyer. It is not about the money. It is about honesty. We are talking about dishonest TQL, they are scam maser. They treat carriers without dignity and respect.

 

Thanks brother for your advice. Initially I informed the broker that the per shipper recommendation temperature setting should be 34F. They ignored me and asked me to set it at 35 F instead of 34 F. My BOL is a little tricky, bige letters suggested to keep strongly at 34F. Aslo one section of small letters showing keeping between 34-35. When I was pulping the pallets' temperature at the shipper, they strongly suggested keeping it at 34 F. I do have temperature records and shipper signatures.

The broker totally ignored the shipper's suggestion.

Reference Insurance denying the claim. The claim was submitted by the broker, not by the receiver. The claim has inaccurate information. The rate confirmation attached to the claim was not mine. Different carrier rate confirmation was attached. The claim documents had only a USDA report which was completed 5 hours after the delivery . No pictures of damaged pallets or discoloration of baby spinach.

I always go with the shipper's suggestion. That is why I asked the boker written confirmation to change the temperature. The first 10 hours my reefer setting was at 34 F, the broker called many times to change the temperature. I only changed after I received email confirmation to set at 35 F.

The problem is the broker TQL and in Cincinnati , OH so far I am unable to find any good contract lawyer Ohio. I found a few , but they have conflicts of interest with them . Do you know anybody who can help me ?

 

They were holding 14k total and were not releasing the payment for the other two loads which I delivered for them before this claim. They stretched the time about 4 months talking to me in reference to fair resolution and at the end forced me to pay. My factoring company was not able to hold three(3) unpaid invoices totaling almost $14000 for more than 110 days and I was forced to pay a claim amount in order to release other payments for other loads which I delivered previously before this claim and which the broker was holding illegally. I lost about $8675.

 

I have never been to a small claim court. How this works.
If I file small claim courts, I have to file in Cincinnati, OH against the broker and against the receiver in Boston, MA.

 

You contacted a licensed Broker for a load, going from Company A to State Garden, Boston. YES

You made a pickup at a shipper - Company A and they gave you the temp to set your at 34ºF. YES

You are told by the broker to set it at 35ºF. Why? I don't know. Broker requested a picture of reefer temperature, I sent it and informed him that the reefer was set at 34F continuous per shipper's suggestion. The broker insisted on changing it to 35 F . Told me that is the correct setting and asked me to do it. After that daily he was checking on me that I was holding 35 F.

You drop the load off, it is inspected (which is an important question), and 9 out of 40 pallets are rejected.
The receiver State Garden Inc Boston, MA does not allow me to check the so-called bad pallet's temperature . They checked my reefer setting at 35 F. They did not allow me to inspect the bad pallets. My trailer was empty. I asked them why they received it. Dump back to my trailer. They never responded , and told me not to worry. They ask me to leave territory. I informed the broker and went directly to the thermo king dealership for a printout report to prove everybody that I was right. After all this, the broker started to blame the shipper and told me that most likely the shipper loaded some pallets with high temperatures. I did pulp the pallets before the shipper loaded my trailer. I do have all the paperwork and temperature logs.


Now the broker is trying to make a damaged cargo claim and forcing you to pay for it because your insurance company refuses to pay - other issues with that.
The claim was submitted to my cargo insurance agent by the broker. The claim was created in a rush, wrong rate confirmation was attached and much inaccurate information. I have never been told by the broker that they are going to submit the claim directly to my insurance company, behind my back. After about one week my insurance informed me about the claim and told me that inaccurate information. I mentioned to my agent that the broker is trying to blame me. My agent informed me that the claim is false and give me the options: if I want, the cargo insurance will pay for the claim or I can deal with the broker and prove my innocence. I decided to prove my innocence and provided all the information to the broker. The broker simply stretched the time and outplayed me. The receiver State garden inc was ignoring my phone calls and my emails, never responding. The receiver- The State Garden Inc. reported me to the broker and the broker told me that I'm not allowed to have direct contact with the broker's customer. My factoring has 3 unpaid invoices from the same broker total about 14K. The factoring company was not able to keep open invoice more than 110 days and I was forced by Broker to pay the claim. The broker's claim's team sent my claim to collection department( same broker) and they made deal with my factoring company.