Contracted service, did not deliver the service requested, strong-arm tactics. Refuse to acknowledge claim. Overcharged.
WWe spoke with Ernie M in February 2015 with Transworld/******* Moving Systems/Commercial Moving Solutions and came to an agreement on his company moving our home 3 miles down the road. It was important to my husband and I that we have enough space, people and that our items not be offloaded off the truck at any time to prevent damage. We were promised all of that. He told us that our furniture would stay on the truck regardless of changes in our closing dates and that we would be provided 4 days free on the truck in a worst case scenario. He surveyed our entire home and presented us with the estimate for the move. My husband and I spent the entire evening of 3/10 prepping for the move, including moving all boxes and most furniture downstairs to make the move as efficient as possible.
On 3/11, a box trailer showed up at our home, instead of the tractor-trailer that was promised to us. The moving crew told us that our items were supposed to be offloaded at a warehouse instead of stored on the truck. When my husband contacted M**** to question why we didn't receive what was promised,M**** hung up on him. The moving crew supplied the name of Mr. **** ******* who, even after listening to our complaints, told my husband that he could either take what they had or Mr. ******* would tell his men to unload the truck and leave. Since we literally had no choice, due to the closing the next day, we had to take what was sent. We did accept the offer of $30,000 in replacement cost insurance with a $500 deductible at no cost to us because Mr. ******* said he would charge the deductible cost to M****.
During the move, one mover did not move anything; instead, he inventoried and tagged items. Both of the moving crew told us that the bait and switch tactic that we received were typical of what they have experienced with the salesman, M****. Due to not having the proper moving equipment, the movers were not able to move the appliances efficiently and a lot of damage was done to brand new washers and dryers. These were our primary reason for contacting the moving company in the first place.
After the pick up on 3/11, I reached out to Terri at Commercial Moving Solutions due to a change in delivery date from 3/18 to 3/19, Terri said we would have to sign a new Order for Service. I reiterated to Terri to make sure that the moving crew that arrived this time had the moving straps to move the appliances. On 3/19, the delivery truck arrived at our new home and despite asking repeatedly, the movers did not have moving straps for moving the appliances. They also refused to offload anything off the truck prior to receiving my credit card. We were given no recourse to dispute the charge, instead our items were held as ransom.
There was much damage done to the appliances, furniture and my house itself during the move. I filed a claim with the company and could not get anyone to acknowledge receipt of the claim even sending it Certified Mail. In addition, after multiple attempts, someone finally told me that I needed to go online to file the claim, thus starting the process all over again. Once I filed the claim online, I could not upload any of the pictures or supporting documentation for the claim. I contacted the help desk and Commercial Moving Solutions for their claim and was told to email them directly. Once I submitted the claim and emailed it, I received an email that said that the claim would be denied immediately if pictures were not uploaded. This was back in May. To date, I have still not received any confirmation of my claim submission or any response to my inquiries. I attempted to dispute the charge with my bank and M**** falsified the receipt that I signed, adding additional information that was not there when I originally signed. The bank views this as a contract issue despite never signing a contract with M**** or receiving even a full executed request for services. The movers basically told us to sue them.
I am seeking repair of the items damanged and a partial refund for the hours paid due to the fact that if the movers had proper moving equipment and if the truck had been the trailer that we were promised, the move would not have taken half as long.
This customer booked their move on March 4th
to Load March 11th, They called march 10th and cancelled the job. They re booked later that day.
we gave them a non binding estimate. Once we loaded they refused to pay any money saying that
they did not have any to pay us. We stored their
goods and when we delivered, they tried to get us
to unload first, then pay us later. in the moving business, you MUST pay prior to unloading.
No one held their goods ransom, they were to pay
1/2 at loading and the rest at delivery. we feel this was a deliberate act meant to de fraud us. the customer signed a legal document that they
knew this was an estimate, they knew they had to pay us prior to delivery.
coverage - they admit in their statement
they have a $ 500 deductible. For their claim
to be settled, they must complete the claims process. see their statement - they must upload the pictures of their claim - they have refused to do so. They have refused to allow our
claims company to inspect the shipment and most
importantly - when you have a deducible - you
obviously must pay the $ 500 deductible before any work is done. Case in point - when I crashed my car, I had to pay the Roberts collision first
the $ 1000 deductible, then they fixed my car.
simple - complete the claims process
pay the $ 500 deductible
we will fairly settle your claim
regarding the credit card company
they REVERSED the customers dispute
saying their dispute had " NO MERIT"
Please ask her to complete the claim process
pay us with a cashiers check or wire transfer
for the deductible
we will settle it quickly
(The consumer indicated he/she DID NOT accept the response from the business.)
I am just amazed at this company's response and their complete lack of integrity.
First, we signed a "non-binding Order for Service" (attached). That is not a contract and in fact, the Department of Transportation FMCSA division (which regulates moving companies) states just this and that a moving company, once the items are loaded, is held to that estimate. According to FMCSA, they can only charge 110% of the original estimate absent any additional services ordered after loaded, in addition, they have to detail the charges on the bill of lading which is the actual contract for your move. I've attached the references to these regulations.
We never refused to pay once our items were loaded, in fact, we specifically asked the mover at the time (Mr. **** L.) if we owed them anything and were told, no you pay us at delivery. That is a complete fabrication that we refused to pay them.
Their non-binding estimate was originally $1,188.00 and they knew up front that we were going to have to store the items (on the truck) through the 18th as our closing date was pushed back. Mr. M.0.old my husband that would not be a problem. The additional charges for storing the item on the truck was $225. However, they requested we complete a second non-binding estimate to push the cost to $1957.50 (168% more than the original estimate) when I called back to extend the storage one more day to March 19. I questioned the additional hours at the time and Terri told me it was an estimate and would be adjusted at delivery. However, when they showed up at delivery, they asked for the full amount and would not offload anything until I gave them my VISA even though, at that time, I offered to pay half and then the remaining half at the end once we negotiated the problems from the original loading. Our bill of lading details charges adding up to $1,264.00. (see attached)
As detailed in the complaint I originally sent the BBB, the deductible was to be paid by Mr. M. per Mr. D.. This was offered to us at the time of the loading due to them no longer being able to store on the truck which was the service we had requested. See the Bill of Lading which even details the no cost to us. That aside, no one has contacted me about paying any deductible. I sent my claim via certified mail and email to Commercial Moving Solutions and at the end of March. In April, I was told that I now needed to resubmit the claim through another process (a month later) and basically restart the process. (see emails regarding move and claims)
Again, refer to my original complaint and the attached emails - I have never refused to upload any pictures. Their new claims website wouldn't let me upload anything at all and I never received any responses to my emails. I finally ended up submitting everything via email and spoke to Jessica the end of May who told me that they had everything and the claim was in "review". However, no one has EVER contacted me from the moving company or the claims company to inspect the shipment. I have kept everything exactly the way it was aside from having to get the front of my washer fixed as it was unusable upon delivery due to the front board being pushed in.
The bank did originally reverse the chargeback based on Mr. M. falsification of documents until I provided them the additional documentation showing that he altered the bill of lading after it was signed. He added additional charges and comments and a total at the bottom that were not there when I signed and I have the carbon copy to prove it. He also, incorrectly, informed the merchant and bank that they have 9 months to resove the claim when, in fact, the client has 9 months to file a claim. It is currently in a final review between the merchant and the bank but I they only have limited power which is why I filed this complaint also.
I have been hoping and trying to resolve this outside of court, however, if I have to, I will take them to court. I have worked in law firms for over 15 years and I am not afraid of the court process but I also suspect they may have an attorney who is willing to bend the rules as much as they do.
So to address what the business said -
1. We never refused to pay at any point. We only requested that we be charged fairly. We were charged for two movers who didn't both move and didn't have the right supplies to move us despite us specifically requesting the same both for unloading and loading. I don't think we should have to pay additional time for my refrigerator to be completely dismantled due ot the lack of moving straps, for them to inventory our items when they were never supposed to be moved off the truck to begin with or the additional time for them to figure out how to get everything to fit on the truck because they didn't bring the size truck we originally requested. The move in took less time then the move out and that alone is ridiculous because we moved everything to the first floor and packed it for the movers and on the move in, they had to carry the items up the stairs. We offered to pay something at loading and were told we didn't have to.
2. Per Mr. D.on 3/11, Mr. M. was to pay the $500 deductible on the insurance for the move.
3. No one from the moving company or the insurance company has EVER contacted me for inspection or any information, including payment of a deductible. I would happily make myself available. That being said, the claim and pictures were sent via several emails to the moving company and the claims company. I have never refused to help expedite this claim. That is just outright ridiculous. Why would I want to slow down the claim process and then file a complaint because I can't get the claim handled?
If at any time, this company had even deigned to provide us with the slightest bit of customer service instead of using strong-arm and fraudulent tactics or outright ignoring our requests (see emails), we would not be at this juncture. I have never charged anything back through my bank in 30 years of banking with them. I have never refused to work with a vendor and I have never filed a BBB complaint before this. I am still hoping there is a way to resolve this amicably without resorting to the court systems.
Please see the attached files, including email submissions of claims, original bill of lading, altered bill of lading, non-binding estimates, and pictures as further documentation of this complaint.
Please note that both OFS and the Bill of Lading all show that the materials were to be "Held on truck" which was never done and both OFS specify a 58 foot tractor trailer that was never provided.
I've also attached some of the pictures of damage including my refrigerator both before and after. A refrigerator that was purchased in October 2014 and wasn't even 4 months old. This is not all the pictures that were submitted, only a couple.
Final Business Response
Regarding ***** ********:
the customer changed the nature of the contract.
by changing the dates, we no longer had any
obligation to keep her goods on the trailer. we needed the trailer, so we put her things in storage.
She claims we were to hold her things on a fifty eight foot trailer. That's ridiculous, the largest trailer in the united states is 53 feet long.
She admits she had a $ 500 deductible. She claims
that I ( mr m.) agreed to pay the deductible. that is ridiculous. Why would I do that ?
I am on commission, I get 8 % of the move.
In fact, I had told my boss that we should NOT
move these people at all.
This case should be settled in court. We would
suggest that she accept our generous offer of $ 400 to settle. otherwise, we would welcome seeing her in court.
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