Lots of Revenue Disputes

Discussion in 'Trucker Legal Advice' started by Rubys0h0, Feb 6, 2021.

  1. Rubys0h0

    Rubys0h0 Bobtail Member

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    Apr 23, 2020
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    Hey there,

    I entered into a lease purchase agreement in May 2020. Making 65% of the load. I was never provided copies of the invoices/rated freight bills, but I was content with the pay, so I wasn't insisting on verification.

    Then I noticed on my latest settlement, a fixed rate load I had been taking frequently suddenly decreased in pay. The total linehaul amount went down about $300. So I requested the freight bill for that load, and the carrier very reluctantly provided it. It proved that I was shorted, so the carrier reimbursed me. I forced their hand in reimbursing every other leased driver who took one of these loads to the tune of about $2600.

    Since then, I have requested a few more freight bills, and I see that there are other large discrepancies. The carrier won't look into it anymore, and wants me to stop. But I'm being tenacious and want to do a full accounting investigation - I will be asking for a copy of the freight bill for every load I've taken since May. And then I will write an official dispute for each load that paid short. My contract says I have a full 180 days to dispute from the date when the offending settlement was issued.

    My questions are this:

    1. Is the 180-day time frame still valid if the freight bills were never received with the settlement?

    2. How can I trust that the freight bill copies provided to me haven't been doctored by the carrier?

    3. How exactly do I write the dispute(s)? Do I need a signed and dated letter for each load, or can I write a letter for all loads combined?

    Thanks for reading, any advice is helpful.
     
    Flat Earth Trucker and Coffey Thank this.
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  3. Carolina Dreamer

    Carolina Dreamer Bobtail Member

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    Jul 30, 2020
    Summerville, SC
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    Lease purchase: you can stop right there unfortunately. Good luck on that scam... Plethora of information on the forum
     
    roshea, Flat Earth Trucker and Coffey Thank this.
  4. Rubys0h0

    Rubys0h0 Bobtail Member

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    Precisely why I posted in the Trucker Legal Advice forum. Interesting that the carrier is not required to provide actual invoices - It looks like the computer generated settlement is technically enough, but they are providing actual invoices for now thankfully. Thanks for the links.

     
  5. Carolina Dreamer

    Carolina Dreamer Bobtail Member

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    Jul 30, 2020
    Summerville, SC
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    I hope it helps...

    If you believe there is a discrepancy in your pay I strongly recommend you speak with a trucking lawyer. You will gain accurate knowledge to your concerns and a plan to proceed.
     
    roshea and Rubys0h0 Thank this.
  6. Oakland Raiders Forever

    Oakland Raiders Forever Medium Load Member

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    Feb 24, 2020
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    Start your own trucking company then you get to see everything.
     
  7. AddyMae

    AddyMae Bobtail Member

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    Jun 12, 2019
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    Ive said this a million times. NEVER work with any company that does not show you rate cons. Theres only ONE reason for that. They're hiding the numbers and skimming money off the top. Then they take the other 35% out of whats left. Ill guarantee they've done this on every load you've hauled for them. I cant even go down the rabbit hole on how bad 65% of the revenue is. My advise get away from whoever these people are they're robbing you blind.
     
    olddog_newtricks and JonJon78 Thank this.
  8. Cattleman84

    Cattleman84 Road Train Member

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    The Sticks, Idaho
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    As an employee or contractor paid % you are legally entitled to see the original invoice or a copy there of... But it is up to you to request it in a timely manner (that 180 days you mentioned).

    I personally know several guys paid percentage and you are absolutely entitled to see thise invoices... I would randomly request 1 or 2 each month as a spot check.
     
    kemosabi49 and Crude Truckin' Thank this.
  9. Ridgeline

    Ridgeline Road Train Member

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    Dec 18, 2011
    Michigan
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    The article is misleading and wrong. In fact, there is a problem with using a term “load confirmation” that does not even apply to the regulations.

    A load confirmation sheet is a confirmation of an agreement between two or three parties, not a freight bill.

    The freight bill is what matters.

    The lawyer or legal aid who wrote the article doesn’t know the difference and adding wrong information in the article based on a false premise of a settlement.

    FMCSA 376.11 (g) Copies of freight bill or other form of freight documentation. When a lessor's revenue is based on a percentage of the gross revenue for a shipment, the lease must specify that the authorized carrier will give the lessor, before or at the time of settlement, a copy of the rated freight bill, or, in the case of contract carriers [dedicated contracted freight], any other form of documentation actually used for a shipment containing the same information that would appear on a rated freight bill. Regardless of the method of compensation, the lease must permit lessor to examine copies of the carrier's tariff or, in the case of contract carriers, other documents from which rates and charges are computed, provided that where rates and charges are computed from a contract of a contract carrier, only those portions of the contract containing the same information that would appear on a rated freight bill need be disclosed. The authorized carrier may delete the names of shippers and consignees shown on the freight bill or other form of documentation.

    Looking at the article ... “you are entitled either to receive a copy of the invoice given to customers (referred to in the regulations as the “rated freight bill”), or instead to receive a computer-generated settlement document containing the same information contained on a rated freight bill.”

    there is no either in both the regs and legal rulings, it is the freight bill to be invoiced to the consignee.
     
  10. Rubys0h0

    Rubys0h0 Bobtail Member

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    Apr 23, 2020
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    Thank you, it's really good to dispel that claim, it was definitely the most discouraging thing I read from this thread.
     
    Cattleman84 Thanks this.
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