Cargo theft- pick up arranged by Preet Transport Carrier,

MLCAR said:
this paints a better picture, and I'm sure retelling it, you can tell where mistakes were made. If there is any take away from this whole situation is to make sure you follow up on Invoices in both AR and AP chances are this could'ev been caught and dealt with a lot sooner and be on the "winning" side so speak of Preet closing down. In any case this would be theft, and a police complaint and a lawyer would be the next step. It's never closed just because you'ev been paid, I'ev had shippers call me on a load delivered a year ago and say the receiver is claiming OS&D on the product in transit. Even if it was tempting to let the Invoice slide, the POD should have been hounded and requested after 2 weeks. Even if the driver didn't hand in the physical copy a picture would have saved you a whole lot of this mess.
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I hear you. I had tried several times calling Preet transport for POD, when I could not get it, handed the file to our accounts to invoice this to the customer and follow up for POD with the carrier. Our accounts guy also sent reminders by email to Preet transport for next couple months. Since no one was asking for it, we stopped asking for POD as it had ended well that we got paid at that point. The accounts guy thought when Preet transport asks for payment then he will demand POD before releasing payment. But they never sent invoice or asked for payment from us. Sadly, it has rebounded after 6 months. If the Frenchurch insurance co, denies the claim, then we are left with legal action. But who do we sue, since Preet transport does not exist anymore, it will be a futile attempt
 
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We can still file a claim directly with Fenchurch as we are asking for compensation for a load that got lost when Preet transport insurance was valid at that time. We don't need to have an insurance to file a claim with another insurance company, do we?
 
ANDYK said:
We can still file a claim directly with Fenchurch as we are asking for compensation for a load that got lost when Preet transport insurance was valid at that time. We don't need to have an insurance to file a claim with another insurance company, do we?
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You will definitely need to lawyer up.
 
You can file a claim. The previous suggestions were if Preet Transport does not have valid insurance and if they are no longer in business then use your contingent cargo policy.

Call Fenchurch and start the claims process; reference the policy number posted by Jim L. I don' know what they will do, they could deny the claim, there are still lots of unanswered questions on the sale and Manpreet's refusal to provide answers on the advice of their lawyer -- there is much more to this story.

Contact the police to report a theft and get a file number

Call ClaimsPro and talk to an adjuster that specializes in commercial transportation / cargo, Get them to represent you to Fenchurch if needed or recommend an appropriate lawyer.

Make a claim file with the below
  • Copy of the BOL signed by the shipper, hopefully they recorded the carrier picking up
  • Rate confirmation
  • Commercial invoice
  • All email correspondence with Preet, shipper and receiver, including
    • Acceptance of the load
    • Updates on the pick up / breakdown and alleged delivery
  • Make a timeline of events and reference the documents above plus dates / times of phone conversations and who you talked to
  • Copy of the Intent to Claim from the customer
  • Police report
You will need this as Fenchurch, the police or your lawyer will ask for it. Plus it will clarify what happened.

You started this thread a week ago, get off the forum an start making some calls.
 
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None that I can recommend, have never been nor plan on being in a situation like this. But this may end up being something your customer may have to be involved with. Technically the freight/product is theirs and I assume your customer is large enough to have "insurance" for theft of property. Not to get into it too much, but do you have a contract with your customer? Do you have a claims and liability clause in this contract? you are in a crappy situation but at this point you'll have to look at lessening your liability in this whole mess. If you have a good relationship with your customer, you might want to offer to pay their deductible to save face on going through a claim process. Again thinking out loud here, not real legal advice. I'm sure other brokers here will have better feedback on how much you are liable for in these situations but you would have had an insurance policy for this.
 
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AgentSmith said:
You can file a claim. The previous suggestions were if Preet Transport does not have valid insurance and if they are no longer in business then use your contingent cargo policy.

Call Fenchurch and start the claims process; reference the policy number posted by Jim L. I don' know what they will do, they could deny the claim, there are still lots of unanswered questions on the sale and Manpreet's refusal to provide answers on the advice of their lawyer -- there is much more to this story.

Contact the police to report a theft and get a file number

Call ClaimsPro and talk to an adjuster that specializes in commercial transportation / cargo, Get them to represent you to Fenchurch if needed or recommend an appropriate lawyer.

Make a claim file with the below
  • Copy of the BOL signed by the shipper, hopefully they recorded the carrier picking up
  • Rate confirmation
  • Commercial invoice
  • All email correspondence with Preet, shipper and receiver, including
    • Acceptance of the load
    • Updates on the pick up / breakdown and alleged delivery
  • Make a timeline of events and reference the documents above plus dates / times of phone conversations and who you talked to
  • Copy of the Intent to Claim from the customer
  • Police report
You will need this as Fenchurch, the police or your lawyer will ask for it. Plus it will clarify what happened.

You started this thread a week ago, get off the forum an start making some calls.
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Thank you very much for your time and feedback. I really appreciate it. I means a lot to me.
 
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