What would you do

Rob

Rob

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Jul 29, 2009
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Have a good one here folks what would you do?

Hired a carrier to pu in Maine yesterday before 3. They sent a loaded email at 230 ish all good right. Yep they loaded it then the emails started who is broker )( on load sheet) when can we deliver (8-5 M-F fcfs) on load sheet. 8 pm last night get a call need coo no problem call the broker taken care of. 10 minutes later another call broker did it up but needed an import permit ( this is a new shipper ) okay will advise. Tried calling my customer but for the next 45 minutes to an hour i could not do so as the emails and calls from multiple people where non stop. Finally got a little pissed off and say i will fix this but i need my phone to do so. Get my customer get the permit and get the load clear shit happens but we got the load clear.

So this morning I get an email and we will call him Walter saying his truck was waiting at the border at 8 when this all started and he will be charging 500 bucks for a layover as driver had to wait at border ran out of hours. So I did a little math Walter is a lying POS and no way in hell they where at the bridge A (566 miles) and B if he was at the bridge at 8 and order was clear last night why did his driver not get to my yard until 2.30pm??? Asked driver he said he is a city guy and he just had done a switch at St Kiits area with the US highway guy and Wally had come home with just the one skid. So I had already sent the refax of load conformation as Walter was a bit out of his fucking mind and was worried if i did not do so i would be sol on ever seeing the freight.

<The question what would you do? I already know what i am gonna do but would like some feedback from other as well.
 
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You sent the refax under duress.. they had your freight and you were afraid that you'd never see it unless you agreed to their ridiculous terms. Now that you've got the freight I'd revert to the old agreement without the $500.00 and I'd tell them flat out that they can accept that or fight it out in court. You're not going to use them again anyway.. let them stew in their own juices.
 
Rob, have a bit of fun with them. Ask them for the HOS and the position report of the tractor. No doubt there will be some amendments to it - make them work for it and get their lies to line up with those two pieces of data. My guess is that you'll see they didn't make it to the bridge on time and took their time off way before the bridge. If they were there can you blame them for trying....throw them a bone and don't use them again.
 
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TransAction said:
Let me guess... mmm... VNV Transport? Walter wanted $1,600 once from us for a layover, can't recall the exact situation but it was a ridiculous and unreasonable request.
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Walter is a POS, he tried to hold my freight after he was late for an appointment and elected to bring the load back to Canada without authorization. Was trying to extort us for a total of approx. $8500 for a load was supposed to be delivered into CT. I had the police call him to remind him that payment was a civil matter and that holding property is illegal. He released the freight about 1 hour later...100% DNU
 
We had the same issues with him years ago....surprised he's still in business...was one and done for us! We still joke about his responses and threats to this day in the office! LOL
 
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Well we did the old bait and switch on Wally. Sent him his extortion refax and waited for the freight to get here with no indication of when it got here old Walter would get another refax with a nice little note detailing all his lies.

We sent refax load con with first rate on it and i did not even get a call from ol Walter but did from his operations manager. He was wondering why we would do so and i explained to him all of his and his bosses lies and deception and told him we can sit and play on the phone all day if he wanted but they where getting the 400 bucks they agreed to do the skid for other than that kiss my ass. PS Back on the DNU but this time forever. By Walter is was fun as hell beating you at your own game.
 
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I think no one here will argue with you Rob. The only thing that justifies chopping a rate on a revised load confirmation sent in transit is an unreasonable and unwarranted request for additional charges and the threat of non delivery if those charges are not agreed prior to delivery.

Keep well, keep safe, I'm glad you have your load,
Mike
 
Holding freight hostage, or even threatening do so is like the nuclear option in my opinion. It should really never be used except in the most extreme of situations. A carrier who uses it frequently and without regard should always be placed on your DNU list, right near the top.
 
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loaders said:
Holding freight hostage, or even threatening do so is like the nuclear option in my opinion. It should really never be used except in the most extreme of situations. A carrier who uses it frequently and without regard should always be placed on your DNU list, right near the top.
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I have a naïve question - if a carrier is holding freight hostage, can the shipper / consignee / broker not call the cops to have it released. Isn't holding the freight against the owner's wishes akin to stealing the freight?
What are the rules regarding this - being less than 10 yrs in this business I feel this is happening more frequently than before. I do not understand this aspect or how it functions....it's like carriers are moving over to the 'dark side'......
 
Unfortunately, the terms and conditions of most Bills of Lading, are pretty much silent on this issue. Unless otherwise specified on the BL, all the carrier is required to do is “deliver with due dispatch”. Somewhat ambiguous at best and provides the carrier with an abundance of excuses to delay delivery.I have found that a useful tool in combating a hostage situation is to notify the carrier‘s insurer and your insurer and report the shipment missing or lost. If nothing more, it will initiate a phone call and that could motivate the carrier to listen to reason, or at least discuss options. Reporting it to the local police will most times be fruitless as they regard this as a civil, non payment issue where no crime has been committed. Occasionally you might get a sympathetic ear from the police and they might make a phone call, but they are certainly not obligated to.
 
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@loaders you are correct that it is a civil matter but only in regards to the issue of payment. When it comes to holding the freight hostage for payment, that part is illegal. You are not legally aloud to hold property due to a payment issue. You are correct that the police do not like to get involved but you have to push the fact that you are aware that the carrier is breaking the law by not releasing the property to you.
I do agree that no carrier likes to get calls from there insurers in regards to a possible loss of property, especially in the current landscape of transportation related insurance.
 
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