Taking on Goliath---My Fight With TQL

gekko1323 · Aug 30, 2024

Lyle H said: ↑

You’re right I don’t get it because I would have never done it for free or even picked up the trailer in the first place.
But as you said, you don’t need validation or support.
Click to expand...

You don't get it either. So tell me Obi-Wan, what would YOU have done? Do you know the difference between a load-out, a tow-away, and a load? Please see my post above to Opus.

gekko1323 · Aug 30, 2024

OlegMel said: ↑

Start an email explaining how TQL is trying to screw you, and tag as many people as possible ( head staff of shipper and receiver) as well as corporates of TQL if you can. I had an instance where broker didn’t pay for 90 days and were playing games saying they’ll pay and Nothing again. after the email they got a little upset that everyone was tagged, but they did pay. I might not be able to haul for them again, but I really wouldn’t want to either.
Click to expand...

Yeah, I'm not worried. The law is on my side. Posting on this forum was just step 1.

bad-luck · Aug 30, 2024

gekko1323 said: ↑

Good evening boys and girls. I just got back a couple of weeks ago from doing a 7-week tour. I have lots of questions, comments and observations. But those can wait. Everything went very smooth, except my last load (which brought me home). So here is the story. I hope you guys enjoy it and I will be looking forward to your replies. I don't really need validation or support, because I'm already convinced I'm in the right. I'm really just posting this to put TQL on blast (and I'm just starting) and to hopefully glean some information that would be useful to anyone who is getting screwed out there by various brokers. The reason this crap keeps happening is because most truckers don't fight back. Sometimes, a kind word and a baseball bat gets better results than just a kind word. And the gloves are coming off. I'm sick of this BS.

On Friday, Aug 2, I was near Hermiston OR. I had spent the night there at the Space Age truck stop. At 9:30 in the morning, I "booked" a loadout trailer going from Umatilla OR back home to Vegas, that was to deliver 7 days later. I wasn't getting paid for it. I didn't mind because I had been on the road for 7 weeks and was itching to get home. Now as you probably know, TQL doesn't officially dispatch you with the address and appointment until after the initial booking. So I signed and sent back the ratecon and waited. Usually it's pretty quick, like less than 15 minutes. But an hour goes by, and I started writing emails to see what the hold-up was. They replied, "Sorry for the delay, we're working on it."

An hour later, at 11:30, I fire off an email stating that if they didn't dispatch me soon, they were going to have to cancel the load. Remember, I'm in rural Oregon on a late Friday morning. If I didn't get the trailer soon, I would be stuck there for the weekend. Finally, at 12:30, 3 hours after the initial ratecon was signed, I get dispatched. So I head over to the pickup in Umatilla, which was about 10 miles away. About halfway to the pickup, the broker's assistant calls me and says:

"I don't know what the hell is going on with this shipper, but the trailer now has to go to Fontana." The shipper was R+L Carriers. I was moving one of their trailers.

I tell him, "Sorry, but I'm not going to California. The contract is for Vegas. If you want me to go to Cali, I'm going to have to charge you $500. I'm doing this for free to begin with." He replies that they aren't going to pay me. So I tell him that the trailer is going to Vegas then. He said that they were going to cancel the load. I tell him that if they wanted to cancel, I would have to charge them $250 for TONU. I explained to him that it was now almost 1pm in rural Oregon, and because they wasted half my day, I would now be stuck there for the weekend. I'm sure you will agree that $250 is pretty reasonable. I know carriers that charge 5x more per day.

He replied, "We're not paying you TONU."

I said, "Well then I'll see you in Vegas, baby! I've given you two options to rectify this and you refused both."

He said, "You're going to have to call my boss."

I replied, "I don't HAVE to call ANYONE. If your boss needs to talk to me, he can call ME."

I then hung up. Understand that I was irritated by this time, and I wasn't going to pull over to the side of the road to make phone calls and jump through hoops just because this guy wanted me to. I wasn't BEHOLDEN to TQL. I already had a contract. So I arrived at the shipper, did my due diligence (pictures, emails, inspection, and whatnot), sent them to TQL, and went on my way.

Thirty minutes later I get a call from the "boss". He asked me why I had picked up the trailer after I was told not to. Since I didn't like the way he came across, I replied in kind. I told him that I wasn't his employee, and that once I had the contract, I was the one who called the shots. I told him he could ASK me to do something, but that didn't mean that I had to oblige. I told him that he couldn't just cancel a contract verbally with a phone call. I told him he had to follow proper protocol. It was a back and forth conversation until I finally told him:

"Listen, you have THREE options: 1- I'll accept a new ratecon to deliver to Fontana for $500. 2- I'll let you cancel the load if you pay TONU for $250. 3- I'll deliver in Vegas, PER THE TERMS OF THE CONTRACT."

So he blew a gasket and threatened me that he was going to charge me a $2000 repowering fee to Fontana if I delivered in Vegas. I replied, "Really. $2000? Is that what this load goes for? And you won't pay me a measly $500 to take it to Fontana myself?"

Things got REALLY heated and we ended up cursing each other out. He shot me an email with his version of the events, and I replied in kind. I ALWAYS create a paper trail. Thirty minutes later, as I was reaching the Wild Horse Casino (where I ended up staying until Monday because I couldn't find a load), another guy from the "Distressed Load Department" calls me. These guys have power over the brokers and keep them in line. We discussed everything that happened. It was a cordial conversation.

In the end he said, "We just checked with the receiver in Vegas and they stated that they WILL be able to receive you in Vegas." (Not that it mattered. I had given them their options and I wasn't going to deviate.)

So on Monday I grabbed a load from La Grande OR to Phoenix AZ, and from Phoenix I grabbed a load to Vegas. I delivered on Friday morning as promised in the CONTRACT. All throughout the week, I was getting the usual check calls and texts from TQL (even though I was being tracked on Macropoint) asking me if I was on schedule to deliver in VEGAS. I made sure I took a screenshot.

On Tuesday (4 days after delivery), I got an email from the TQL claims department saying that they were going to file a claim against me for $825. I replied that if they did, I would take action against their bond. I told them that if they dared to file a Freightguard, I would sue for libel, being that I fulfilled the terms of the contract. I sent them all the evidence. I even told them that their Distressed Load Department CONFIRMED that I could deliver in Vegas. (Again, not that it mattered.) She said she would get back to me. She never did.

A week later, I got an email from my factoring company saying that TQL short-paid $825 total on two separate loads I had completed for them about 3 weeks prior ($700 from one load and $125 from another). I immediately fired off a strongly-worded email to TQL advising them that there would be consequences. And again, I sent them all the evidence confirming that I fulfilled the TERMS OF THE CONTRACT. I told them that I would file on their bond for the loads that they short-paid. I even told them that I might go after the SHIPPERS for those loads, which were UNRELATED to the load in dispute. Correct me if I'm wrong, but isn't it ILLEGAL for a broker to withhold pay on one load to satisfy a claim on ANOTHER load?

I gave them a deadline to remit the payment that is owed. So this week, we were going back and forth, but they continued to play hardball. The ladies were rude #####es.

I'm going to send one more email tomorrow to the Distressed Load Department. I'm also going to call the brokers for the loads that are getting short-paid, explaining to them that because of the underhanded actions of another broker in their company, I might have to call THEIR customer for payment. It's really a shame because I do a lot of loads for TQL. They give me good rates (in relation to what the current market conditions are) and I have an exceptional service record with them.

I've spoken to 3 brokers and each one said that I am 100% in the right, both morally and legally. But they each have different opinions on how I should proceed. I even spoke (via email) to Cassandra Gaines, the CEO of Carrier Assure and transportation lawyer. She said she got anxiety reading my story and wants me to file on her website. I told her that I wanted to give TQL every chance to make this right first. But now the gloves are off.
Click to expand...

I don't blame you. Did you get it in writing from the distressed load department to deliver in Vegas?

Lyle H · Aug 30, 2024

gekko1323 said: ↑

You don't get it either. So tell me Obi-Wan, what would YOU have done? Do you know the difference between a load-out, a tow-away, and a load? Please see my post above to Opus.
Click to expand...

I’m pretty sure my last post said what I would have done.
More of a Star Trek fan anyway.

Ridgeline · Aug 30, 2024

gekko1323 said: ↑

I would sue for libel
Click to expand...

For what?

libel has a huge burden of proof to provide.

gekko1323 said: ↑

Some of you guys don't get it.
Click to expand...

Don’t insult us. We get it.

gekko1323 said: ↑

The law is on my side
Click to expand...

Show me where the law is on your side, seriously spell it out in detail, because I know the game really well and will tell you what I think about this thread.

gekko1323 said: ↑

Posting on this forum was just step 1.
Click to expand...

what step 1 is, find a good lawyer. Step 2 is to shut up about it on social media.

gekko1323 · Aug 30, 2024

Lyle H said: ↑

I’m pretty sure my last post said what I would have done.
More of a Star Trek fan anyway.
Click to expand...

Yeah, Star Trek was good. But as for what you would have done...potato-tomahto. No way I can let anyone get the jump on me, especially if they're trying to be bullies. They screwed up (for whatever reason) and wasted my day. And I understand these things happen. But as I said before, it's a Big Boy's game with Big Boy's rules. They have to make things right. How is it that this particular broker CONSTANTLY is getting involved in one controversy or another? A billion-dollar company refuses to pay a measly $500 or $250? Gimme a break. So it's only FAIR that they pay. If the roles were reversed, what do you think THEY would have done? They are the biggest bullies and charlatans in the brokerage business. Did you read about the class-action they just lost in Ohio? Terrible. Just terrible. The girl that reps me at my factoring company told me that BY FAR, they are the company that files the most claims on carriers. They are also the company that has most complaints directed at by the carriers. At some point, the shenanigans need to STOP. I wipe my arse with $825. It's the PRINCIPLE of the matter.

gekko1323 · Aug 30, 2024

Ridgeline said: ↑

For what?

libel has a huge burden of proof to provide.

Don’t insult us. We get it.

Show me where the law is on your side, seriously spell it out in detail, because I know the game really well and will tell you what I think about this thread.

what step 1 is, find a good lawyer. Step 2 is to shut up about it on social media.
Click to expand...

Ridge, no one is insulting anyone. Chill out. I am referring to the guys that don't "get" what a load-out is. He seemed to think that I ran a 10-day load that paid $700.

As for the other stuff, well, I already spoke to you in a private message, and you advised me on what to do. And I AM going that route that you suggested. The only thing is, I might not file on their bond. I might just go after the shippers, or TQL themselves in civil. Just to be clear, are you now saying that the law is NOT on my side? And yes, I already have a good lawyer.

gekko1323 · Aug 30, 2024

bad-luck said: ↑

I don't blame you. Did you get it in writing from the distressed load department to deliver in Vegas?
Click to expand...

No. It was a phone call. But they record all their phone calls. I don't really think that is relevant anyway. Just icing on the cake.

FloridaRetired · Aug 30, 2024

You took a loaded trailer knowing it was not going to Las Vegas but Fontana. Did the BOL state it was going to Fontana?
If yes, there might be a contractual problem right there. The BOL you signed served as an addendum to the contract for that trip. Intuitively, if there's adescripancy between the rate can and the BOL, then it should be resolved by the two sides before proceeding. I know that there are blind shipments and such but they did not apply here at all.
The way I see it, that the only thing you could have gotten out of this was TONU. The only caveat is that things like TONU are predetermined in the broker-carrier agreement. If signed like that, I don't think you can change it to your own desired amount without them to agree to it too.

I don't mean to be an #######. Morally, I am 100% on your side.
I am not a fan of TQL at all. I do like how you taught them a lesson. At the very least, you showed one of their managers that their deceptive tactics did not pay off this time. Sadly, it could cost you now. I am afraid that you assumed certain things form the contractual law wrong.

Numb · Aug 30, 2024

ahhh....... IT WAS AN EMPTY!!! ding ding ding!

that is where the confusion is coming from

Log in or Sign up

Forums

Find Trucking Jobs

Taking on Goliath---My Fight With TQL

gekko1323 Road Train Member

Trucking Jobs in 30 seconds

Wait, employers can't reach you!

gekko1323 Road Train Member

bad-luck Road Train Member

Lyle H Road Train Member

Ridgeline Road Train Member

gekko1323 Road Train Member

gekko1323 Road Train Member

gekko1323 Road Train Member

FloridaRetired Medium Load Member

Numb Crusty Curmudgeon

Trucking Jobs in 30 seconds

Wait, employers can't reach you!

Log in or Sign up

Useful Searches

Find Trucking Jobs

Taking on Goliath---My Fight With TQL

gekko1323 Road Train Member

Wait, employers can't reach you!

gekko1323 Road Train Member

bad-luck Road Train Member

Lyle H Road Train Member

Ridgeline Road Train Member

gekko1323 Road Train Member

gekko1323 Road Train Member

gekko1323 Road Train Member

FloridaRetired Medium Load Member

Numb Crusty Curmudgeon

Wait, employers can't reach you!