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Small claims against a HHG Mover

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  • Small claims against a HHG Mover

    I typed along story here, my login timed out - so to keep it short:

    I am persuing small claims on a moving company that moved HHG from Texas to Arizona. NOTE: Broker failed to provide a carrier on scheduled/promissed dates as well.

    1. I was given false weight tickets. These tickets caused me to seem I was overweight of my estimate by 765 lbs.

    2. The movers did not take all items (mainly bigger/bulky items) I had on my estimate list, but according to my inventory they took about 30 additional boxes. Plus my two queen mattresses were not inside the truck but rather strapped to the lift gate with other customers mattresses and bikes.

    3. I had to rent a U-Haul and drive the rest of the items to Arizona.

    4. I was charged $400 by the carrier for the overweight in duress that they would not unload and drive away with my goods. They reported my weight to my broker to be exactly what my estimate was, 4865 but the tickets given to me stated 5600.I was cohersed that this was normal practice for them to take the burden of the overweight and charge for it and not report TOTAL weight to broker...I paid this in duress because they stated if I did not pay them the remaining balance ($1560) plus $400 they would not unload, and drive away with my items.

    5. After investigation of the weight tickets, I noticed the tickets were reweighs that I did not authorize. Before arriving at the pickup location in Texas, the truck lost 1200 lbs in 18 minutes and was reweighed. Upon arriving at the dropoff location the truck gained 260 lbs and reweighed. My copy of the weight tickets did not tha have my name on them, dates and times nor my job # on them, which are required items by the FMCSA.

    6. After quite some time, the broker deemed my true weight to be 4140 lbs. This weight is calculated if you take the pickup weight ticket before it was reweighed and the the delivery weight before it was reweighed. The broker and carrier still claim that since the carrier took more items than what they were supposed to, even without taking required items they do not have to reimburse me for the U-haul + gas. They also stated the $400 was a tip.

    7. With the new weight, they broker wants to pay about 60% of the difference between 4865 and 4140 and have the carrier pay 40% of the difference. But they want me to sign a settlement letter striping me of my constitutional rights, gag ordering me not to speak of it anymore and update all compliants I filed with various agencies. I could then get sued for speaking of it again. I denied signing this for $566. The carrier also acknowledged this weight because they spoke to the broker and then called me about the 40%, in which I have never seen to this day.

    Isnt it true that once a carrier loads the first box onto the truck they agree to take all my items, even overspill? They never renegotiated, denied the service because of too many items nor offered a second truck or alternate pick up date. They suggested I throw the rest of the items away. The U-Haul is a incurred cost because of the carrier.

    I gave the carrier the option over the phone to make good and via Certified Letter. They were even asked to acknowledge, via Certified Mail that thy received the letter and possibly comment about the demands. I was asking for the 40% they owe for difference in weight, the $400 for wrongful charge of overweight, and about $1000 for the Uhaul plus gas. They have failed to contact me in anyway.

    Do I stand a chance?

    I have a kept a complete journal and all other documentation on the subject.

    Thanks in advance!
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