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GatorJoe

Which letter to use to dispute for merchant not delivering services as agreed

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Long story short. I recently used a moving company to move across the country. I paid 50% up front and the rest was due when they delivered my stuff. The time I was told would be 7-11 business days from the time they picked up my stuff. 

 

After day 5 of driving myself across the country, I called the moving company and was told they hadn't left yet because I hadn't told them when they should ship my stuff. I told them when they picked up my stuff that I was expecting them to ship immediately. They of course have no record of this phone conversation. 

 

They ended up delivering my stuff 3 weeks later which is also longer than 7-11 days. 

 

I had given them my AMEX # and they charged the remaining balance. I went ahead and disputed the charge. In the interim, AMEX charged back the amount. The merchant never replied to AMEX and attempted to charge me again. I disputed it again, and again the merchant never responded to AMEX. The 2nd time, I told AMEX to block the merchant from charging me again. They went ahead and did so and a few days later I got a call from the merchant about the charge. I told them that I was disputing the charge and they need to follow the process that AMEX has with them. I never heard from them again.

 

A few weeks later, I get a call from a debt collector. They sent me to collections. 

 

I want to dispute the charge because they did not deliver their service as agreed. 

 

What letter should I use or action should I take? I can pay the balance but I want the merchant to suffer. As a result of their screw up, I had to live in my new home with zero furniture and only a few days worth of clothes. I had to go out and buy a bed to have something to sleep on.

 

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34 minutes ago, hegemony said:

is the debt reporting to the four major CRAs?

no, it hasn't gotten that far yet. it's only been ~2 weeks since i received the letter. although it's been since June since i "won" the dispute and AMEX refunded me.

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1 hour ago, GatorJoe said:

I had given them my AMEX # and they charged the remaining balance. I went ahead and disputed the charge. In the interim, AMEX charged back the amount. The merchant never replied to AMEX and attempted to charge me again. I disputed it again, and again the merchant never responded to AMEX. The 2nd time, I told AMEX to block the merchant from charging me again. They went ahead and did so and a few days later I got a call from the merchant about the charge. I told them that I was disputing the charge and they need to follow the process that AMEX has with them. I never heard from them again.

What does the contract you signed with the carrier state about delivery times/guarantees?  Also, what does it state about dispute processes?

1 hour ago, GatorJoe said:

After day 5 of driving myself across the country, I called the moving company and was told they hadn't left yet because I hadn't told them when they should ship my stuff. I told them when they picked up my stuff that I was expecting them to ship immediately. They of course have no record of this phone conversation. 

The ship date should have been written on the paperwork you received a copy of from the driver when your goods were loaded.   What date is that?

 

Here is the major problem I think you have:  while your card agreement with AMEX allows you to dispute a charge for the reason(s) you stated the contract you signed with the moving company may not.  In fact that contract may have specific language in it that states if you do a charge back they are automatically entitled to interest, late fees, penalties, and collection costs.

 

I have done major multi-state moves three times and every one of those contracts never guaranteed a delivery date that short.  The language was also clear that is was a "window" of time for arrival of goods and that would be confirmed 48-72 hours prior to the delivery date.  Especially if you are splitting the truck with other customers.  Even if you booked the entire rig due to motor carrier laws on how many hours they can drive in a 24 hour period they do not guarantee an exact delivery date/time.  EVERY time I got copies of all paperwork when my stuff was packed and loaded and it always spelled out shipping and delivery times.  

1 hour ago, GatorJoe said:

As a result of their screw up, I had to live in my new home with zero furniture and only a few days worth of clothes. I had to go out and buy a bed to have something to sleep on.

I guarantee you that what ever you signed has a clause that they do not have to compensate you for any expenses as a result of delays in shipping/delivery.

1 hour ago, GatorJoe said:

What letter should I use or action should I take?

You should read every sentence on every page of all your documents before you do anything.  It is very likely you do not have a legal leg to stand on.  If it is as I suspect then you could actually end up paying WAY more than what this balance is that is in collections if it escalates.

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I had a similar incident years ago.  I sued the moving company in small claims court.  After they were served, they sent a letter and a check for the initial deposit, also.

 

The CA still tried collecting and I DV'd them.  They never responded to the DV but continued to try and collect.  I used an attorney recommended here on DB and sued them.  Earned an extra $900.

 

The best way to deal with these people is by kicking them in the balls.

Edited by PotO

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It would be a breach of contract suit, but as you were advised, read the contract to make sure you have any basis for a suit. On the other hand, these contracts are written by the carrier and are designed to protect them, and judges know that. I can see somebody being a day or two late due to weather, etc., but three weeks does sound out of line. There is a concept in law called contra preferentem, (check that spelling) where it states that a contract can be construed against the drafter if it contains unreasonable terms.

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