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WillieW Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-05-10 12:52 PM
Original message
ripped off?
Edited on Tue Jan-05-10 12:55 PM by WillieW
I hired a moving company to move my belongings from the US to Europe. I paid in full up front. While in Europe, I became ill(cancer returned)while my stuff was still in the US. I cancelled the shipment wanted to return to my doctors in the US. Now the shipper refuses to refund any money. He made up a bill to coincide with the payment I made to him. What do you think I shall do? We had no written contract. Shall I trust the arbitration process by the BBB?
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-05-10 12:57 PM
Response to Original message
1. I can't give legal advice, but the shipper is entitled to *some* funds...
Depending on the length of time they stored your stuff, and how far they transported it in the first place. They may have other expenses too.

That said, without more facts, its impossible to test the reasonableness of this charge. My advice is ultimately to consult with an attorney in your state. The statute of limitations on contract disputes is generally fairly short.

My other bit of advice is to always execute a written contract in these cases, and to never pay in full, up front. That sounds more like scolding than advice, but it really is sound...

Best of luck to you.
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WillieW Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-05-10 01:07 PM
Response to Reply #1
2. I will pay for the expenses but expected 50% of my money back

according to an email from him, storage supposed to be free for the first two months. He had my stuff for two months, but wants to charge $765 now.
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randr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-05-10 01:11 PM
Response to Reply #2
3. I assume you have gotten your posessions back
and in this you may be lucky!
A consultation with a lawyer may cost you more than you may recover.
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-05-10 01:15 PM
Response to Reply #2
4. If the amount in controversy is "only" $380 some odd dollars, you should pursue it in small claims
Edited on Tue Jan-05-10 01:16 PM by Romulox
court.

Again, no legal advice here (you should still seek a lawyer...) but a "contract" can be made up of many documents (not just one formal document.) So the email is likely significant evidence of the contractual relationship between you and he, even if it is not comprehensive as to all the details. It sounds like you may have a strong case to bring in a small claims court.

That said, the "first two months" free are surely conditioned upon your completion of your side of the bargain. So the shipper will likely argue that you indeed owe for storage...
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WillieW Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-06-10 03:41 AM
Response to Reply #4
5. I have the BBB involved, but no success. They want to take it into arbitration.
I have paid him in full from Point a to point B. He only completed Point A when I cancelled due to health reasons. It is a matter of at least 3 thousand dollars taking out his cost of 3 thousand from a total of 6 thousand. So, he got 3 thousand for basically picked up my stuff to put in storage for the past two months.

Is arbitration advisable?
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dysfunctional press Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-06-10 06:40 AM
Response to Reply #2
6. 'storage free for the first two months'
that probably assumes the completion of the contract, as well.
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