Summary:
Holly commissioned Eagle Moving to move her Household goods from LaPlace, LA to Phoenix, Arizona. Holly provided a complete inventory to the movers and at no time did the moving company send an estimator to the residence to verify the shipment.
Holly was provided a binding estimate rated on the 400N Interstate Household Goods Tariff with an applied discount of 58.% . The move was documented as binding.
The law states a binding estimate as follows:
The binding estimate must accurately describe the shipment and all the services the company will provide. If you asked the moving company to provide additional services, such as long carry charges, shuttle service or flight charges, the company must bill you separately for these charges following your move. At the time of delivery, the moving company cannot charge you more than the amount of the binding estimate.
A binding estimate must be in writing, and a copy must be given to you before you move.
If you agree to a binding estimate, you must pay the amount due by cash, certified check, money order, or cashier's check, at the time of delivery.
Holly paid the moving company an initial deposit. On the day of the move, Holly assigned her husband to the shipment at origin as she was en route to destination. The shipment did not at any time change nor was it altered to add or subtract any items.
The moving company altered the bill of lading at residence with Hollys husband, to reflect an additional 1500 pounds. The truck had not yet been weighed, nor did the driver offer to the shipper, Holly's husband a copy of the weigh bill.
The moving company refuses to deliver Hollys shipment until the amount in full, now double the binding estimated costs, be paid in full. When Holly refused, the moving company then submit copies of the associated documents to Holly.
The Inventory
Industry standard is an applied weight of 40 pounds per line item as a general rule of thumb.
Holly's line items are numbered as 37 total. Condition of the shipment is not noted in the documentation as required by law.
Based on the industry standard the total suggested shipment weight is therefore less than 1500 pounds.
The bill of Lading
The shipper in residence, Hollys husband signed for the shipment. At that time the driver altered the documentation to add an additional 1500 pounds, per the representative, Kathy at the moving company. Hollys Husband signed the document. He does not recall the second line item or associated costs being part of the document at that time.
The weigh Bills.
The weigh bills issued to Holly to substantiate the weight, are drawn from two different weigh stations.
The general rule of thumb is the truck must be weighed with a full gas tank and within 20 miles whenever possible of the origin to assure the shipper of the legitimacy of the weight. The closest scale for this to origin is
State: Louisiana Scales and DOT
Highway: RT 61 - eb
Location: La Place (2 miles east of US 51)
The first weigh bill "unloaded" from the driver is from zip code 75790
Summary:
Holly commissioned Eagle Moving to move her Household goods from LaPlace, LA to Phoenix, Arizona. Holly provided a complete inventory to the movers and at no time did the moving company send an estimator to the residence to verify the shipment.
Holly was provided a binding estimate rated on the 400N Interstate Household Goods Tariff with an applied discount of 58.% . The move was documented as binding.
The law states a binding estimate as follows:
The binding estimate must accurately describe the shipment and all the services the company will provide. If you asked the moving company to provide additional services, such as long carry charges, shuttle service or flight charges, the company must bill you separately for these charges following your move. At the time of delivery, the moving company cannot charge you more than the amount of the binding estimate.
A binding estimate must be in writing, and a copy must be given to you before you move.
If you agree to a binding estimate, you must pay the amount due by cash, certified check, money order, or cashier's check, at the time of delivery.
Holly paid the moving company an initial deposit. On the day of the move, Holly assigned her husband to the shipment at origin as she was en route to destination. The shipment did not at any time change nor was it altered to add or subtract any items.
The moving company altered the bill of lading at residence with Hollys husband, to reflect an additional 1500 pounds. The truck had not yet been weighed, nor did the driver offer to the shipper, Holly's husband a copy of the weigh bill.
The moving company refuses to deliver Hollys shipment until the amount in full, now double the binding estimated costs, be paid in full. When Holly refused, the moving company then submit copies of the associated documents to Holly.
The Inventory
Industry standard is an applied weight of 40 pounds per line item as a general rule of thumb.
Holly's line items are numbered as 37 total. Condition of the shipment is not noted in the documentation as required by law.
Based on the industry standard the total suggested shipment weight is therefore less than 1500 pounds.
The bill of Lading
The shipper in residence, Hollys husband signed for the shipment. At that time the driver altered the documentation to add an additional 1500 pounds, per the representative, Kathy at the moving company. Hollys Husband signed the document. He does not recall the second line item or associated costs being part of the document at that time.
The weigh Bills.
The weigh bills issued to Holly to substantiate the weight, are drawn from two different weigh stations.
The general rule of thumb is the truck must be weighed with a full gas tank and within 20 miles whenever possible of the origin to assure the shipper of the legitimacy of the weight. The closest scale for this to origin is
State: Louisiana Scales and DOT
Highway: RT 61 - eb
Location: La Place (2 miles east of US 51)
The first weigh bill "unloaded" from the driver is from zip code 75790
Hollys origin zip code is 70068. There are 492 miles between the scale and Holly's home.
The second weigh bill is from Winnie, Texas, this is 262 Miles from the point of Origin. Neither weigh bill is time stamped nor dated, for the shipper, and suggests alterations or are not associated with Holly's move.
There are 326 miles between the scales used to assess Holly's shipment were the weigh bills in fact hers.
Additionally, the scale documents sent from CAT to Holly, don't add up. The move was scheduled to pick up on 5/11/2011. The truck was weighed on 5/11/2011 and assessed the documented weight of more than 17,000 pounds. The second weigh in occurred on 5/12/2011 and assessed at a weight of just over 14,000 pounds. If the shipment had been weighed properly, the date of 5/11/2011 would be the lesser weight prior to loading Holly's household goods and weighed the greater amount after loading Holly's household goods.
Each time a weighing is performed the driver is required to obtain a weight ticket showing the date and place of weighing and the weight obtained. The ticket must also have your name and shipment number entered on it, along with the identification (I.D.) numbers of the truck. The ticket must be signed by the person who performed the weighing. If both the empty (tare) and loaded (gross) weighings are performed on the same scale, the record of both weighings may be entered on one weight ticket.
At the time the mover gives you the freight bill to collect the charges, a copy of every weight ticket relating to your shipment must accompany your copy of the freight bill.
Although the government rated tariffs are no longer mandated and a mover can assess his costs to the customer in whatever competitive matter they see fit, it is unlawful to change the terms of the assessed costs mid way through the execution of service on a binding estimate, and falsification of documents such as weigh bills remain unlawful in the industry.
In the end they have cost my husband his job (he is mechanic) and his tools are on board. they will not release our things. I have contacted the Houston DA's office.
XXX
Holly Tate
h2ntate@gmail.com
985-210-8085
