110% law - enforcement?

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kepharel
Posts: 2
Joined: Mon Jul 09, 2007 7:24 pm

110% law - enforcement?

Postby kepharel » Mon Jul 09, 2007 7:34 pm

Hi All,
I'm new here. I apologize if I make any mistakes with my post - if I do, please let me know and I will fix them!

My husband and I just moved to California. We (of course) have had trouble with our movers. There are many problems, but the primary one is this. The movers won't give us our stuff unless we pay the entire charge, which is about $1000 more than what they charged.

We did, admittedly, go over weight. I'm willing to work with them to figure out the total cost. That's not the issue. I want to pay the 110% required by law to get my stuff, then pay the rest of it later. I should be allowed to do this.

The mover won't do it. I told him that it is the law and he said "I know, but we don't do that. We don't get paid if we do that, so we don't do that." But it's THE LAW. Is there any way to enforce it?

I'm not trying to scam him, even though he's trying to scam me. I just want to follow the law. I will pay him our contracted price for the extra weight (which is really only about $600, not $1000). But in the meantime I want my stuff. What can I do?

Thanks,
kristen

PHX Mover
Posts: 46
Joined: Thu Jan 12, 2006 5:41 pm
Location: Phoenix, AZ

Re: 110% law - enforcement?

Postby PHX Mover » Mon Jul 09, 2007 7:53 pm

I don't know much about California but the pros will be along shortly to fill you in. I know that in Arizona the Dept. of Weights and Measures will step in if the mover tries any funny business about the weight. You might want to check with them or the California PUC. I don't know if they would be any help but I do know that intrastate companies in CA have to be licensed with them. If anything they might be able to get you in touch with the right people. Good Luck!

MusicMom
Posts: 19323
Joined: Wed Feb 25, 2004 11:51 am
Location: DC Metro

Re: 110% law - enforcement?

Postby MusicMom » Mon Jul 09, 2007 9:00 pm

Well, you can enforce it yourself by only giving him that much money, and say take it or leave it. If he ignores you and drives away, he's risking a $10,000 a DAY fine until they give you your things. Ask him if it's worth it just for a fear that you won't pay the rest?

I'm guessing your original inventory leading to the estimate was done over the phone or by an emailed chart.

Is $1000 extra a large portion of the bill? I mean, does it double or triple the original esitmate? Or was your estimate already in the thousands, so this overage is a small percentage?

If you'd like to share who your mover is privately - doesn't seem like you want to say it here - you can contact me via Private Message.

farrah7031
Posts: 4619
Joined: Sun Jun 11, 2006 5:08 am
Location: Tallahassee, FL

Re: 110% law - enforcement?

Postby farrah7031 » Mon Jul 09, 2007 9:00 pm

Where are you moving from? Have you done a search on this website and is your mover known for taking advantage of their customers?

You can PM me if you'd rather not say who your mover is yet.

MusicMom
Posts: 19323
Joined: Wed Feb 25, 2004 11:51 am
Location: DC Metro

Re: 110% law - enforcement?

Postby MusicMom » Mon Jul 09, 2007 9:01 pm

Jinx!

Nancy
Posts: 2255
Joined: Wed Mar 10, 2004 7:24 pm
Location: California

Re: 110% law - enforcement?

Postby Nancy » Mon Jul 09, 2007 9:03 pm

CA does have a law enabling law enforcement to get involved, however most police jurisdictions have no clue about it.

I'd suggest you contact the CMSA for a little guidance, www.thecmsa.org

You can also try the CA Atty General or city attorney where you are moving to.

If the mover is an AMSA member, I'd contact them too, www.moving.org

Rick
Posts: 3269
Joined: Thu Aug 04, 2005 7:59 pm

Re: 110% law - enforcement?

Postby Rick » Mon Jul 09, 2007 9:37 pm

If you shipment was transported under a binding or guaranteed price estimate and you requested additional services or items (weight) to be transported, then your mover could rightfully request the exact amount of the charges if you signed an addendum to the original estimate.

Otherwise the law stipulates that if you pay at least 110 percent of the approximate costs of a non-binding estimate on a collect-on-delivery shipment, the carrier must relinquish possession of your shipment at the time of delivery.

This section is taken from the FMCSA’s Protect Your Move website http://www.protectyourmove.gov/consumer ... ightsG.htm

Delivery of My Shipment (Subpart G) - Your Rights and Responsibilities When You Move

What is the maximum collect-on-delivery amount my mover may demand I pay at the time of delivery?

On a binding estimate, the maximum amount is the exact estimate of the charges, plus the cost of any additional services that you requested after the contract was executed that were not included in the estimate, and any charges for impracticable operations, not to exceed 15 percent of all other charges due at delivery. Your mover must specify on the estimate, order for service, and bill of lading the form of payment acceptable to it (for example, a certified check).

On a non-binding estimate, the maximum amount is 110 percent of the approximate costs, plus the cost of any additional services that you requested after the contract was executed that were not included in the estimate, and any charges for impracticable operations, not to exceed 15 percent of all other charges due at delivery. Your mover must specify on the estimate, order for service, and bill of lading the form of payment acceptable to it (for example, cash).



Household goods carriers operating in interstate commerce are required to follow these laws as outlined in 49CFR Part 375 - Sections 405-407

Sec. 375.407 Under what circumstances must I relinquish possession of a collect-on-delivery shipment transported under a non-binding estimate?

(a) If an individual shipper pays you at least 110 percent of the approximate costs of a non-binding estimate on a collect-on-delivery shipment, you must relinquish possession of the shipment at the time of delivery. You must accept the form of payment agreed to at the time of estimate, unless the shipper agrees in writing to a change in the form of payment.

(b) Failure to relinquish possession of a shipment upon an individual shipper's offer to pay 110 percent of the estimated charges constitutes a failure to transport the shipment with ``reasonable
dispatch'' and subjects you to cargo delay claims pursuant to part 370 of this chapter.

(c) You must defer billing for the payment of the balance of any remaining charges for a period of 30 days following the date of delivery. After this 30-day period, you may demand payment of the balance of any remaining charges, as explained in Sec. 375.405.

Moves crossing state lines are under the jurisdiction of the Office of Motor Carriers of the Federal Highway Administration of the U.S. Department of Transportation. Contact the main office in California at (916) 498-5050) and see if they’re willing to explain the law to your carrier. As Nancy indicated, California is one of the few states that is making some attempt at enforcing the new consumer protection regulations.

MusicMom
Posts: 19323
Joined: Wed Feb 25, 2004 11:51 am
Location: DC Metro

Re: 110% law - enforcement?

Postby MusicMom » Tue Jul 10, 2007 7:43 am

Hey, all, without going into details, know that this mover will not care about ANY regulations, based on past peformance.

kepharel
Posts: 2
Joined: Mon Jul 09, 2007 7:24 pm

Re: 110% law - enforcement?

Postby kepharel » Wed Jul 11, 2007 11:43 am

hey all. thanks so much for your help! in the end, i had to pay up just because i couldn't find anyone to back me up. that, and the mover threatened both to sue me and to harm me bodily. what fun!

anyway, thanks again.

MusicMom
Posts: 19323
Joined: Wed Feb 25, 2004 11:51 am
Location: DC Metro

Re: 110% law - enforcement?

Postby MusicMom » Wed Jul 11, 2007 1:53 pm

The mover will 100% NOT sue you for anything. Doing so would mean he'd expose himself and his long-tme illegal methods. He's crooked, but not stupid. He also won't come all the way to your new house to rough you up. THAT would be stupid and a waste of a lot of travel time and resources (the personal vehicle he drives must get terrible gas mileage from the description of an ex-employee). He's just threatening you, empty threats.

I for one think that now that you have your stuff, you should tell the world what happened from beginning to end, and expose the companies involved. It's a very important case, because then Ii can talk about what I just sent you privately.

blue
Posts: 274
Joined: Thu Jun 03, 2004 10:51 pm
Location: USA

Re: 110% law - enforcement?

Postby blue » Wed Jul 11, 2007 2:03 pm

All the new rules, restrictions, requirements, obligations.........all the hoops legitimate movers are jumping through these days......and the cost involved (whew).............and the scammers continue to do as they please. Business as usual for them.

ArchieWhite
Posts: 2942
Joined: Thu Mar 25, 2004 11:38 am

Re: 110% law - enforcement?

Postby ArchieWhite » Wed Jul 11, 2007 2:36 pm

Blue, the new regs actually make it easier for scammers, since we have to comply, we have to charge more to cover the admin, and that makes it easier for them to cut our price....

MusicMom
Posts: 19323
Joined: Wed Feb 25, 2004 11:51 am
Location: DC Metro

Re: 110% law - enforcement?

Postby MusicMom » Wed Jul 11, 2007 2:39 pm

Where's the posse that was getting put together, Archie? I've been waiting on the invitation.

ArchieWhite
Posts: 2942
Joined: Thu Mar 25, 2004 11:38 am

Re: 110% law - enforcement?

Postby ArchieWhite » Wed Jul 11, 2007 2:41 pm

I can't get my horse to hold still so I can saddle him......haha...actually, the scam moving problem could be solved with some deportation papers and Federal Marshalls with loaded weapons. All the scammers come from the same place, and need to be sent back.

BigLeeCalif
Posts: 4645
Joined: Sat Aug 23, 2003 5:59 pm
Location: Escondido, California

Re: 110% law - enforcement?

Postby BigLeeCalif » Wed Jul 11, 2007 3:01 pm

Maybe Archie should run for the Senate, and we can get reverse immigration started.... i.e. Don't let'em in... send'em out.... in their own moving vans on container ships dangling over the side.... Some ballast huh? :lol:
"It is better to keep your mouth shut and appear stupid than to open it and remove all doubt" Mark Twain


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