Ray Hamilton Company

Additional Notes

Complaint: On July 24th, 2012 Ray Hamilton company was hired to move my furniture and belongings from my home and into their storage facility and then finally from their storage facility to our newly built home. The contract signed and dated 7/1/2012 called for a fixed fee bid and included the statement that "RH to shrink wrap all OS sofas, light furniture, & Christmas Tree". During the sales process as well as the contract does not exclude any furniture or type of furniture from damage, breakage or coverage by their insurance as they later claimed on 11/30/2012. During the move out of the residence there was a point in time where the 2 pieces of the entertainment center, approximately 5 feet long were placed on a rolling dolly and with one person loaded on the back of the truck lift. The same person raised the lift truck and the items rolled off the truck. These items were not even loaded on the truck; they were simply hauled to the curbside for the trash. Also during the move many of the items were hauled from the home unprotected. Pictures were provided of a headboard laying on its side on concrete, all of our bed frames piled on a cart, un protected, with garage metal shelving on the same cart. And the leaves of our kitchen table stuffed in a box, also unwrapped or protected.Pictures were sent to the Sales rep and management team on the day after the move from the residence via email.I was led to believe that it would be taken care of and that they would deal with issues when we moved in.Return from storage:All of our property returned looked like it had been abused. The property treated extremely rough, as if someone through it onto the back of a truck with complete disregard for the owners. The lack of care taken with our belongings was simply wrong. A few items the driver stated did not even come back from the warehouse that they were in pieces.After continual request for updates from the company, and just less than 4 weeks from the move back in, I finally received an email with an offer to settle. On 12/15 they have offered a sum of only $500.00 to coverage the damage of the washer and entertainment center, they also offered someone to provide minor touch ups to my furniture by the same individual they would sent to pick up the damaged washer, not even a professional. The replacement cost of the washer, for the same type, size and features is $598, plus tax, plus delivery. The replacement of the entertainment center was 619, plus tax and delivery. Those items alone are both over individually over $500. I responded, also on 12/15, that that was not a fair valuation of all the damage that they did to my property.

Desired Settlement: I estimate the remediation of 100% of the damage to be $ 5,129.78. A detailed list and pictures can be provided.I do not think it is anyones expectations that when you pay professional movers you have to then incur thousands of dollars of breakage replacement expenses. I would like to be compensated for the damage Ray Hamilton caused.

Business Response:

I have included the attachement of our Bill of Lading which clearing states our cargo protection for Ray Hamilton Company.    We at Ray Hamilton Company have made several attempts to resolve ** ********* complaint prior and since receiving the complaint from the BBB.   Mr Bibler clearly states the replacement costs do not exceed our deductable of $5000.00 even though he is requesting such a settlement in his complaint.

We find ** ******* request to be excessive and without regard to the contract of our BOL which is binding.

Consumer Response:

Better Business Bureau:

I disagree with the rebuttal of Ray Hamilton has sent.  It is not as simple as they think.  It is my understanding based on documents listed below, that under the law I have rights that they did not comply with:

YOUR RIGHTS AND RESPONSIBILITIES WHEN YOU MOVE
OMB No. 2126–0025
Furnished by Your Mover, as Required by Federal Law
Authority: 49 U.S.C. 13301, 13704, 13707, and 14104; 49 CFR 1.73.

I believe there are 3 key issues:  First, they did not provide required information at the point of sale.  Second, they breeched the order for service. Third, and most critical, they were negligent in the service they provided. 

Issue 1:  Items at the Point of Sale the company failed to provide required by Law:

1. It is my understanding that all terms on the Bill of Lading by law are required to be in the order for service.  They were not. See attachment labeled Order for service.
2. U.S. Department of Transportation publication FMCSA-ESA-03-005 entitled “Ready to Move?” (or its successor publication)  www.protectyourmove.gov/documents/moving-rights-v9-final.pdf
   • The contents of Appendix A, ‘‘Your Rights and Responsibilities When You Move’
   • A concise, easy-to-read, and accurate summary of your mover’s arbitration program.
             1. A summary of the arbitration procedure.
             2. Any applicable costs.
             3. A disclosure of the legal effects of electing to use arbitration.
   • A concise, easy-to-read, accurate summary of your mover’s customer complaint and inquiry handling procedures. Included in this summary must be the following two items:
             1. The main telephone number you may use to communicate with your mover.
             2. A clear and concise statement concerning who must pay for telephone calls.
3. Insurance - no additional coverage provided or offered.  I addition did not sign a waiver releasing partial vs. Full value protection.  Hence under the Law full replacement value is assumed.  I was sold on the point that they have better insurance than their competitors because of the types of moves they do and that I do not need to purchase additional insurance.  No deductible was ever discussed during the sales process or at the signing of the bill of lading.   

Issue 2: Breach of contract.

Breech of contract - The Order for Service clearly states that both the home and furniture were to be protected.  They were not as the pictures show.  On the move out of the first home the floors were damaged in multiple locations.  Most of the furniture was not protected and was stacked in a manner that you would treat raw lumber.  Also the contract also states no exclusion of any "type" of furniture not covered under the insurance carrier as the company has claimed.  If the furniture and property were properly protected and moved in a respectful way these issues would not have occurred.

Inventory  - An inventory was not taken,  There were multiple items that were not returned to us from their facility.  These items are in the pictures that I took before the move as well as they are listed on bill of Lading as noted by the driver.

Issue 3: Negligence:

Negligence - The majority of the damage was done out of their employees negligence.  They had one person moving 2- 6 foot pieces of pine furniture on a dolly.  This one person rolled the wheeled dolly onto the lift gate of the truck.  The one person let go of the furniture and began to operate the tail gate of the truck.  The dolly and two pieces of the furniture rolled off the tailgate of the truck.  The furniture was moved by the employee to the curbside for the trash.  In addition the washer was damaged not with a scratch here or there but was a complete loss.  The entire side was crushed.  The company was simply negligent in their handling of our property.  The boxes that they moved had foot prints on them.  Items labeled glass were placed on the bottom of skids and boxes were completely crushed to the point you could not tell where one box started or ended.  Pictures attached.

Summary:

The damages were excessive.  Common sense would say one or two items.  But this list of items damaged and some severely destroyed is excessive.  The lack of care and concern for the property was just inexcusable.  I do not think any consumer of residential moving services would expect the extent of the damages that occurred.  In addition to replacement cost of damages a percentage of the cost to move should also be refunded per the documents listed above.

I am willing to settle this dispute but the company has to come with a value that is fair.  They have made offers that do not cover the replacement of the items damaged due to their neglect that I have already had to replace.  There last offer of $1000 dollars does not even cover the washer and entertainment center and that is just the start of the damaged items.  I am willing to close this but it must be an amount that is fair based on my losses and their negligence.

Regards,

**** ******

BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.