Need help. What to do with this load?

This is long-winded, but there is a story with this. For now I'm going to keep the name of the broker and the shipper and receiver out of it.

I picked up an intrastate load Saturday morning. When I first went in the guard said that load was supposed to go out Wednesday or Thursday. This was my first clue and I should have paid attention. He even said I don't know if they'll load you but then they did and I didn't really think much of it. These are the things you learn to pay attention to along the way.

So I get to the delivery and they say oh no no no we can't accept that load because it was supposed to be delivered yesterday. So I document who I spoke with I documented what he told me and I called the broker. He gave me every number he had for the load and I went back to the guard again and I checked every number and he said no that load was supposed to deliver yesterday we absolutely cannot accept it they have to redeliver.

So the broker says I'm going to call my contact wait I'll call you back. I waited about an hour and a half and finally I said I have attempted to call you text you and email you I'm receiving no answer therefore in 30 minutes I am leaving and this load will go into storage.

In about a minute I got a phone call.

We discussed it and decided for me to take the load back to my yard.

On Sunday I sent them an email outlining the fee for redelivery and the fee for storage, and I told them that the load will not be delivered until I have a new rate con. The broker emails me back with the reply, "understood."

I speak to the broker Monday in the morning and he says hey I got you an appointment for 5 but I'm working on the money end of it. I say okay thank you.

At 1 I sent him an email reminding him that I need to have the rate Con in order for the load to move. I have to leave at 3 to be there for 5 to please make certain that the rate con is taken care of or the load cannot be moved.

A little bit after 2 he calls me. He tells me that their customer- get this- that their customer wants them to bill them after the delivery and they just want them to bill them once so how about if I go make the delivery and then they'll take care of me afterward.

I say no absolutely not. I sent you an email on Sunday stating I needed a rate con before I can take the load. He starts telling me, but the customer... and I told him that I fulfilled the original rate con. That's done. I was on time on both ends I made every attempt to make the delivery and the mistake was that the receiver was supposed to receive this the day before, and they would not accept it. That is not my fault. I did everything that I was supposed to do to fulfill that rate con.

So he said well really you didn't because the load is not delivered. I repeated again that I fulfilled the rate con and that was not my fault and when this happens a new rate con must be produced at a rate negotiated. That's the way it works and this load will not move until there is a new rate con. So he said something about if it's not deliver there might be a claim and something about holding it hostage... So I said to him look right now I'm under the hood of my truck I'm getting ready to leave all I need is a rate con. I am able ready and willing to deliver this load. But it cannot go without the rate con.

So after we get off the phone I look at the clock and I sent him an email. I said it takes me 45 minutes to get my truck hooked up everything ready to go I'm going to be late for this appointment it's going to have to be tomorrow. The last thing anybody wants is for me to be late today on this Load.

So immediately he sends me a rate con. It only has the charge on it for either the first delivery or the redelivery because they were the same amount. So I sent him back an email and I say no sir that's not the correct rate con you have to have all of the other fees on there.

He says no no look on that rate con it says on there we're going to pay you accessorials and layovers. Mind you it says nothing as to whether this is the first delivery or the redelivery and there is no dollar amount for any storage. It only says will pay accessorials and layovers.

So I sent him another email and I said well now we really are late and there's no way I can make this load. I clearly told you on Sunday the load can't go without a rate con. I sent you an email 2 hours ago reminding you that this load cannot go without a rate con. I'm sorry but we will have to do this tomorrow and it will give you more time to get straightened out with the rate con and everything else.

So he sends me an email back and says no no please you have to deliver this is going to make more problems blah blah blah we have to bill them first...

So I sent him back another email. I said on Saturday I attempted to deliver this load. I retained all the information who I spoke with and on your direction I took the load back to my yard. I have clearly told you multiple times that the load will not move without the rate con- I told you that on Sunday I told you that on Monday at 1 to remind you, and I'm very sorry this load can't go today but it will have to be another day. The last thing anybody wants is for me to get down there and get rejected because I'm late.

So now I know I'm having a real problem. These guys are trying to figure any which way that they can try to push me to take this load down there without any agreement as to what they're going to pay me and then when it comes time to pay me oh I'm sorry they just won't pay anything. I'll tell you what will give you a hundred and fifty bucks and take it easy don't let the door hit you in the rear end.

No!

So I call ooida. The gentleman that I spoke with sent me a warehouse form. He also gave me the number of a transportation lawyer to speak with but he said his recommendation is that I fill out the warehouse form which tells them they have until a certain time to rectify this or I put the load into Storage.

And as we spoke he suggested since the main problem is that they don't want to pay the fees and they don't want to give me a rate con, to give them a certain period of time to receive a new rate con and if you don't then the load will go into storage.

Right now this is where I'm at. And by the way if the seal on that trailer is broken guaranteed that load is rejected. He said that will not be a claim on my insurance but I'm going to call them next and see what they say, but he also said this could be a legal process that may take a year or so to actually go through.

Actually I don't really care about that as long as the lawyer doesn't cost me more than what I'm going to get from the load, I just don't want to have serious legal problems or have my insurance rates go up.

And the truth is the load can't stay on the trailer. I only have one trailer and I need to go back to work.

So I'm wondering has anyone done this before and how has that worked out for you?

 

Maybe that does make sense I will sleep on it.

But I think the thing that bothers me is that when this happened to me before the broker tried to work with me. I mean we did go round and round a bit but they did send me a rate con with all the fees on it and the total like they're supposed to.

And I think what's really bothering me about this is that this is just the normal course of business. You deliver a load that they won't accept because it was supposed to be delivered the day before, which probably is the Brokers mistake, and we all know that the standard course of business is to get a new rate con and deliver it.

And the other thing that bothers me is I don't like being pushed and bullied and tried to push into a situation that I know they are wrong. Like I said if they want to negotiate negotiate but to just flat out tell me to go deliver it and we'll take care of you... I mean I was not born yesterday.

This was an intrastate load. And the more I go round and round with these shysters I can see they are shysters. Even if I go deliver it I don't know that I'm going to get paid for the original load.

So I'm trying to get more information with what the legal issues and the issues with the insurance are and those calls are out right now.

I am generally pretty reasonable but for some reason at this point I feel like I should not just give in.

If they want to negotiate with me that's one thing, but to just flat-out refuse to send me the total amounts that I'm going to be paid just really rubs me the wrong way.

I am not an activist in any way, but the truth is the more that companies give in to this the more they feel they can do this.

So I will have to think about it.