Recourse on carrier holding freight hostage

[thefriendlybroker]

We have recently been put into a position where a carrier arrived 4 days late with freight to BC and then demanded payment before delivery. Was paid on thursday and missed thursday night, friday morning and finally delivered friday afternoon.

While being forced to pay prior to delivery on top of the numerous lies which were told over the course of the week, we will most likely take a hit on the freight bill which won't be cheap.

Does anyone have any ideas on if this is something that a broker would have a chance to take to court and win ? the order had strict delivery date instructions, and we have several pages of notes on all of our conversations with this carrier.

While late deliveries happen, we are not willing to sit idle on this one as a carrier has jeopardised our account through days worth of lies.

Any suggestions ?

** sorry if this is posted in wrong section

 

[MikeJr]

I hear you!!

When you feel a shipment going sideways my advice is (in order to avoid the freight being held hostage in the first place):

Don't freak out, be as nice as possible (but firm about how important the delivery is)... Say nothing about fines or compensation until after delivery.

In the end, you will have to refer to tangible evidence regarding 'renumeration for damages'... You see a confirmation that says nothing more than a pickup address, delivery address and dates for both will make any discussion about discounts difficult...

Protect yourself: ensure that the carrier receives in writing the 'penalties' for late delivery. Note that you will not be able to hold them accountable for things like, closed roads, weather related, enemies of the crown, etc...

It's pretty simple, if a carrier goes out of their way to service you (MOST OF THEM DO), be reasonable and ask for assistance in compensating your customer. If they lie, tripple broker, deliver late, miss a crane delivery - be sure that you have spelled out on your order and/or terms and conditions what will happen.... This will make it easier to enforce in the courts.

Remember the amount of time and energy you spend on the lawsuit better be worth the return. eg. what's the point of suing someone for $250??

More directly to your question - do you have any tools that permit you to file against the carrier? Were they advised it was an apt delivery and 'here's what will happen if you do not delivery on time'?Is the dollar amount you may sue for worth the trouble? If not.... Good luck to you!!

Most importantly - let us know which carrier not to use, I'd like to avoid the same headaches you received from this provider.

Happy Friday!!

Mike

 

[noproblembuddy]

Smells like a double-broker job. Nas did this like 4 years ago. I would double check who actually delivered versus who it was contracted to. Try to get any information you can. I managed to get a licence plate number and MC number of the carrier that delivered a hostaged load so we could contact them and find out where their driver was. However, if you're dealing with a character that has Nas' qualities, your window of opportunity to get any kind of justice should be now and get enough information to present to a lawyer to show that you've documented what happened.