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Is this 5% legal? Please update on Concord Freight as they owe me over 120 days? Are they still in business? Do they have any sister company?
concord freight logistics
- Thread starter LADYCHAMPAGNE
- Start date
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10
Has anyone heard from them I can't seem to find them on the link anymore and no one answers the phone or returns messages. Could they be done???
10
Concord
I asked someone with knowledge regarding the situation with our friend Eddy and this is what I was told.
Question:
Is it legal for concord freight to be deducting a 5% brokerage fee from the agreed rate?? I have seen it on 1 of my conformations. Says: Brokerage fee is 5%. Did not sign or agree to this. If a dispatcher agrees to do something for a certain rate how can they turn around and deduct a fee from it??
Answer:
I haven't seen the exact wording on Concord's load faxes so my comments should not be taken verbatim.
Concord would state that the only way you knew the details of the load was through the load fax confirmation, and if the 5% deduction appeared on the load fax confirmation, your accepting the load would constitute acceptance of the arrangement. If you didn't agree, you should not have picked up the load (that's what they will say).
Your argument would be that a load fax confirmation is just that...confirmation of the arrangements discussed over the telephone and that no mention of a 5% deduct was mentioned, and that the 5% should have been in equal size font to the agreed price.
Probably not the answer you were looking for, but that's my answer.
One final point - if the 5% was the only commission they were making on the load (and we both doubt that), it could be deemed to be a secret commission as I am sure the shipper would not be aware of it. Secret commissions are illegal in Canada.
I called 2 of his customers today to see if they have been in contact with them and explained why I was looking for them. They were interested and concerned about the whole situation and not very impressed either. Both will be back in contact with me when they talk to Concord. See what comes out of it.
I asked someone with knowledge regarding the situation with our friend Eddy and this is what I was told.
Question:
Is it legal for concord freight to be deducting a 5% brokerage fee from the agreed rate?? I have seen it on 1 of my conformations. Says: Brokerage fee is 5%. Did not sign or agree to this. If a dispatcher agrees to do something for a certain rate how can they turn around and deduct a fee from it??
Answer:
I haven't seen the exact wording on Concord's load faxes so my comments should not be taken verbatim.
Concord would state that the only way you knew the details of the load was through the load fax confirmation, and if the 5% deduction appeared on the load fax confirmation, your accepting the load would constitute acceptance of the arrangement. If you didn't agree, you should not have picked up the load (that's what they will say).
Your argument would be that a load fax confirmation is just that...confirmation of the arrangements discussed over the telephone and that no mention of a 5% deduct was mentioned, and that the 5% should have been in equal size font to the agreed price.
Probably not the answer you were looking for, but that's my answer.
One final point - if the 5% was the only commission they were making on the load (and we both doubt that), it could be deemed to be a secret commission as I am sure the shipper would not be aware of it. Secret commissions are illegal in Canada.
I called 2 of his customers today to see if they have been in contact with them and explained why I was looking for them. They were interested and concerned about the whole situation and not very impressed either. Both will be back in contact with me when they talk to Concord. See what comes out of it.