Broker and now Receiver ignoring our bill

C

cdufrat

Member
Jun 18, 2008
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We did a load last August and the Broker is ignoring us.
I followed up with the Receiver and explained that we were within our rights to expect them to pay for the shipment. I provided them with a clear copy of the signed Bill of Lading.
They attempted to get to Broker to pay which was futile and now they are ignoring us.
This is very frustrating.
What is the next best step to take to get our money? We are in Ontario and they are both in Nova Scotia.:mad:
 
send them both to small claims in Ontario court on the same claim, you may have to look for a process server out east, should be $75 each and hope they show for court or they call to settle.
 
Don't be shy about putting their names up in lights..sometimes a little bad publicity is all it takes. Who are these nonpayers?

don't underestimate the power of shame and embarassment. Some time ago I had a similar thing happen to me. It was about a thousand bucks and the lady wouldn't pay and eventually would not return my calls. So I drove down to Niagara Falls and went to her house (a very nice house too I might add) in a gated community. There was somekind of reception going on with lots of well dressed people as well as good food and drink layed out. When I arrived I was asked if I was one of the invited guests...I said no.. "I'M JUST TRYING TO GET PAID FOR SOME WORK I DID FOR THIS LADY A YEAR AGO". I said it loudly enough..and within minutes the embarassed hostess showed up with a check in hand..I was quickly wisked off the property...check in hand.. (and a couple of orderves that I stole)..
 
My apologies to anyone in N.S.!!! I meant to say that the Companies are both in N.B.

The transport company is Nackawic Transport which has been on this forum with the same issue.

The other Company has already paid them.
 
Any suggestions how to get our money?
Jamie has also ignored a law firm's letters and the consignee has ignored our request for payment. This $2,300 invoice is from August 2009 and it's so frustrating.
Should we try a collection agency? We were prepared to pay a substantial percentage to the one firm and that went nowhere.
Is anyone on this site experienced in collecting monies as we would be more than happy to pay a percentage rather than writing the whole thing off.
Please.....no one out there should be thinking of dealing with Nackwic Transport unless you have money to write off.
I sure wish I knew someone there that could physically go in to wait to collect what they owe us.
Any help is appreciated!!!:(
 
Thank you!
I have his email but wasn't sure if he did that.
Definitely will contact him tomorrow as the other firm was a waste of time.
 
Might be worth a drive down... make sure they're still open for business, and then head down unannounced. Go to their office and tell them you're not leaving without a check that also covering expenses inoccured in its collection.. As noted above..I've done this and it has worked for me.. Rejecting a person is harder than rejecting a voice on the phone.
 
cdufrat said:
Any suggestions how to get our money?
Jamie has also ignored a law firm's letters and the consignee has ignored our request for payment. This $2,300 invoice is from August 2009 and it's so frustrating.
Should we try a collection agency? We were prepared to pay a substantial percentage to the one firm and that went nowhere.
Is anyone on this site experienced in collecting monies as we would be more than happy to pay a percentage rather than writing the whole thing off.
Please.....no one out there should be thinking of dealing with Nackwic Transport unless you have money to write off.
I sure wish I knew someone there that could physically go in to wait to collect what they owe us.
Any help is appreciated!!!:(
Click to expand...

Hello CDUFRAT

I am in a similar situation. I have left a message for TRTC and have not heard back from them. Have you had any luck collecting?

Debbie
 
nothing yet. apparently we have up to 2 years and then we're out of luck. I don't know how they sleep at night. It really is basically theft of services. :mad:
 
I didn't hear back either and still got nowhere.

I have since put their account into a collection agency so hopefully I'll see something back.
 
bubba-one said:
send them both to small claims in Ontario court on the same claim, you may have to look for a process server out east, should be $75 each and hope they show for court or they call to settle.
Click to expand...

I do not believe this information is correct...

By law, and Activet can correct me if I'm wrong, you have to file in their own province. Not only in their own province but in the closest available court to the defendant.

We have gone through this with companies from Sudbury, ON and filed in MB. In court, we were advised that the MB court does not have a reciprical order with ON and that we needed to file in ON.

And yes, you can name the companies and the owners as respondents.

Again, correct me if I'm wrong but this is what we were told by MB Court of Queens Bench
 
Ontario SCC rules: FORUM AND JURISDICTION

Thanks for your confidence Moose, but I'm no lawyer, just read a great deal about it. Anyway ..... a little light reading about forum selection for commencing litigation. This is directly from the Ontario rules of the Small Claims Court:

RULE 6 FORUM AND JURISDICTION
Place of Commencement and Trial
6.01 (1) An action shall be commenced,
(a) in the territorial division,
(i) in which the cause of action arose, or
(ii) in which the defendant or, if there are several defendants, in
which any one of them resides or carries on business; or

(b) at the court’s place of sitting that is nearest to the place where
the defendant or, if there are several defendants, where any one
of them resides or carries on business. O. Reg. 78/06, s. 8 (1).

(2) An action shall be tried in the place where it is commenced, but if
the court is satisfied that the balance of convenience substantially
favours holding the trial at another place than those described in
subrule (1), the court may order that the action be tried at that
other place. O. Reg. 78/06, s. 8 (1).

(3) If, when an action is called for trial or settlement conference, the
judge finds that the place where the action was commenced is
not the proper place of trial, the court may order that the action
be tried in any other place where it could have been commenced
under this rule. O. Reg. 78/06, s. 8 (1).

6.02 A cause of action shall not be divided into two or more actions
for the purpose of bringing it within the court’s jurisdiction.
O. Reg. 258/98, r. 6.02.

From this I would think that if the both defendants are domiciled in Nova Scotia, it would follow to commence proceedings there. The rules of the Nova Scotia Small Claims Court do not address Forum Selection in the way Ontario does, but instead relies on the Nova Scotia Court Jurisdiction and Transfer Act, which at first glance would require some time to understand.
 
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