I need help, maybe someone has been in this situation before...

Discussion in 'Report A BAD Trucking Company Here' started by estebanbustillos, Aug 11, 2010.

  1. estebanbustillos

    estebanbustillos Bobtail Member

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    Aug 11, 2010
    Fort Worth, TX
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    Hi,
    I am new here, and I am glad to see there are so many members. That means a lot of experiences to share.
    Mine is not good at all, and my problem is this:
    My dad is an owner operator, and I am in charge of the dispatch and paperwork. A few weeks ago we got a load from a big name company. After we delivered the load, we sent the invoice and proof of delivery documents. After 3 weeks we got a check from them, but it was only a part of the rate agreed. I called them thinking they had made a mistake, but they said that they had already given me a comcheck for 40% of the rate. The problem is that I never asked for a comcheck, and they never gave me one.
    They said they were going to see what had happened. Now they say that the Comcheck was given to me and cashed by a driver with license in NC. They even have the name, and I told them he is not my driver, but they said that I could have given the comcheck to anybody.
    It seems that is my word against theirs. They say that they have already paid me, and that they have proof of that. Of course that's not true. Maybe they made a mistake and they gave the comcheck to someone else, but I don't know how to prove it.
    I don't know what to do.
    Any ideas? Maybe someone has had this problem before.
    Any help will be greatly appreciated.
    Thanks :)
     
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  3. Injun

    Injun Road Train Member

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    May 15, 2010
    West o' the Big Crick
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    Get that NC license number and track it down. Sounds like whoever's using thaat license scammed you and the company. Call in the law if that's what it takes.

    Fraud happens sometimes. Keep communication open with the company. That's important too. They may not have considered you and they are victims of a crime.
     
  4. estebanbustillos

    estebanbustillos Bobtail Member

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    Aug 11, 2010
    Fort Worth, TX
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    Thanks. I will ask them to send me the driver's info. Do you think that I could make a report with the police, or hire a lawyer. We are in Fort Worth, TX, and the company is out of California.
     
  5. Injun

    Injun Road Train Member

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    West o' the Big Crick
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    And the person who cashed the check was out of NC. The report would be filed in the jurisdiction the crime took place. The company should be able to tell you where the check was cashed. That would be the jurisdiction I'd start with since that's where the actual theft occurred...if that's what happened. Good luck.
     
    Last edited: Aug 11, 2010
  6. end of the road

    end of the road Heavy Load Member

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    Jul 4, 2010
    Northern Canada
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    I am guessing the load was from a load broker? If so prepare a letter that say that the shipper and or consignee are ultimately responsible for the freight charges by law.

    Make one letter to the shipper/consignee and one to the broker. The letter to the broker should say that if payment is not received within 5 days you send the other letter to the shipper/consignee.

    In Canada we have the Truck Transportation Act and the Bill of Lading Act which covers situations like this.

    It is mostly a bluff on your part but I bet it gets their attention and at the very least they will take responsibility for sending payment to the wrong individual.

    If that fails...

    If it is a sizable amount of money you may want to contact a lawyer, police won't likely do anything for you but report it anyways. If it is not sizable amount just live and learn. Make sure you put n all your invoices that payment may not be made through comcheck ever.
     
  7. Spacer

    Spacer Medium Load Member

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    Dec 8, 2008
    Little Rock, AR
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    Wow. If they get cagey about releasing any information about the Comcheck, keep the pressure on. It's your money anyway, and if that doesn't work, a subpoena oughta do the trick.
    Depends on how much money's involved though, as it can be a pain to go through all the legal hoops.
     
  8. old-six-pack

    old-six-pack Heavy Load Member

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    Oct 24, 2007
    vernon hill, va
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    keep quiet about it,,,,,,when you see another load under their name ,,,,get it and sit on it until u get your money.....
     
  9. mgfg

    mgfg Road Train Member

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    Call their bonding company and file a calim against their bond. The bonding company will immediately notify them of this. This will ensure that they move expeditiously in getting you ALL the documentation you require about the alleged advance. If indeed there was a fraud commited you can then rescind your claim against their bond.
     
  10. mgfg

    mgfg Road Train Member

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    Mar 29, 2010
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    And screw over a different shipper and consignee...that's ######! The fight is with the carrier NOT with another party.
     
  11. end of the road

    end of the road Heavy Load Member

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    Jul 4, 2010
    Northern Canada
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    This method works better than anything else.

    Don't let them know you are sitting on it. Just have delays and break-downs etc. It is against the law to hold freight against payment of an invoice that is not for the particular load your are hauling. Don't ever admit that is the purpose of the delay.

    I have done this several times over the years and you need to be prepared for going all the way. If they call the cops the cops will tell them it is a civil matter.
     
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