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Lawyer Advice Needed


Huly

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I need some advice from our lawyer friends here on ES.

Back in July Pez and I hired a moving Company to move us from our townhouse to our new house, Quality Services Moving and Delivery. Well they are used by the Government and their rates service seemed to be good. On the first day of our move (it took two days and them storing our stuff over night due to closing times etc) The guys showed up I signed all of the forms and I signed requesting the extra insurance. They loaded everything up, called the service center to get the amount owed or as they said check their math, I wrote a check and away they went. On the second day they came by the house unloaded all of the house stuff we did the paperwork for my storage unit (no insurance here since I packed the unit nothing would be covered anyways) then went to pick up the items etc. After moving the storage unit to my house, it was the same thing write the check and off they went.

Well as we were unpacking everything we noticed a chip on the side of the TV was cracked (honestly it is not too bas but I still do not like it) so I immediately took a picture and called/emailed it in. They sent me the forms to fill out and told me to get estimates which I did. I sent everything in. A month later I received a letter and a check for 60.00. They stated the movers did not charge me for the insurance so they only gave me the basic option ($0.60 per LB). I immediately contacted them back and said NO I requested the insurance and I signed the form for full replacement minus my deductable. They started to look into it and the back and forth started.

My Claim Rep stated to send them the cost for the insurance and they would take care of it. I did this as I was just trying to be fair. Well they gave me a new claim rep who returned my check and stated no it was not covered. We went back and forth and now no one will respond to anything.

What should I do? What are my rights? How should I handle this?

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It's probably not worth pursuing from a purely cost perspective. It's just a damn shame how poorly these types of things are handled anymore by companies. Nobody gives a damn after payment. It's all about getting money out of your wallet into their pocket and nothing more.

I wish you the best however. It's a small annoyance in the grand scheme of things and don't dwell on it too much.

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9 months later? I'm certain that breach of contract in your jurisdiction is more than 9 months (and you didn't realize they were breaching until the second claims lady said "no" and returned your check).

You need to read through the contract and identify the terms that you think were breached... for instance, is cosmetic damages allowed?

Normally in these threads I always say "get a lawyer", but the cost of getting legal advice might be more than it is worth...

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The damage to the TV is about 2000.00 the glass has to come from Pioneer directly.

Would y'all still let it drop? The TV is a 60" Pioneer Elite Plasma

Your legal fees will make it a waste of money, not to include time.

Plus I would bet you could replace the whole tv for under 2 grand in todays prices.

Don't let the anger ruin your day, forget about it. My 2 cents.

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As someone who prides myself in dealing with such situations this is my advice.

Call the moving company back and calmly and impassionately explain to the highest ranking official you can get on the pone, the following outline of a campaign plan. Explain to them you are anal and your mother basically potty trained you with a switch at age 2, and you have lots of time on your hands to make their lives miserable. That you live for such situations and fully expect to extract ten times of claims in their lost business. Your next steps are as follows.

(1) Call the better business bureau and report them.

(2) Join Craigslist and again report the moving company.

(3) Congress brilliantly eliminated the interstate commerce commission which regulated moving companies, but you can still report them to the Federal Transportation Department

(4) Finally contact the state consumer protection Bureau.

(5) Go too small claims court and file a case against them... needs to be small claims court because you can do it yourself and avoid a lawyer also businesses often times ignore such nuisance claims which works to your advantage. Get your finding and go after their assets... I once sent the sheriff to AT&T to inventory their office furniture, fixtures, and computer equipment from a small claims victory which their lawyer failed to show up for. Then they called me up to call of the dogs. I had the satisfaction of saying sure.. as soon as you deliver me a certified cashiers check for what you owe me; other than that I'll be auctioning off your assets Friday afternoon.

Good luck to you...

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That makes sense. It would cost more than it is worth. Would it be best to contact the Better Buisness Bureau their DOD reps etc just where other people do not get in the same situation I did? Just to annoy them like they annoyed us?

I turned everything in within the time frame set by the contract. I am good per the contract etc. I have all the signed docs by me and their team leader etc.

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Small claims court is the way to go, if nothing else you'll make them have to have an atty show up to answer your claim or they will lose by default. Being the biggest pain in their ass you can be will get the best results. Squeky wheel and all.

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That makes sense. It would cost more than it is worth. Would it be best to contact the Better Buisness Bureau their DOD reps etc just where other people do not get in the same situation I did? Just to annoy them like they annoyed us?

I turned everything in within the time frame set by the contract. I am good per the contract etc. I have all the signed docs by me and their team leader etc.

Dude this is a game. They are in an unregulated nitch without repeat customers. They think they can screw the consumer with impunity.. It's your job now to become the largest most painful rear end welt you can possible be. So they pay you to go away. Failing that to actually get a monitary suit against them. so you can jerk it around in their gut so they feel your pain.... It won't make you whole, but it will feel really good.

Over all though this is an industry problem with moving companies... They suck because it's profitable to suck and they are getting worse.

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Just go to small claims court, this dispute is exactly what it is for. You don't need a lawyer. The forms are easy to fill out. You will get to tell your story in your own words - the ordinary rules of evidence do not apply. They will have to hire a lawyer (or shut down the business and come themselves) and they won't want to do that.

I have served as a small claims judge, and assuming all of the facts you have given us are accurate, you would get a very sympathetic hearing from me.

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They will have to hire a lawyer (or shut down the business and come themselves) and they won't want to do that.

In VA if they are incorporated they will have to use their own/hire a lawyer. Only legal counsel can represent a corporation here.

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Some pretty bad advice in here already.

The TV is worth 2K? I would research for an "Insurance Lawyer" as best I could and find one in your jurisdiction. What state are you in? There are such things as "Bad Faith" claims in which you can sue the insurance company and request the defendant to pay your legal fees in addition to your damages. The law on bad faith is highly variable from state to state.... meaning you may not even have one. But you should look into it.

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The TV brand news was more than 2K. The damage to it is 2K. It is a Pioneer Elite Plasma. Awesome TV by the way and it sucks they quit making it. I just hate people trying to screw others.

Here is their website. http://www.qsmoving.com/

Because Quality Service Sells Itself!

Clean-cut and uniformed moving crews: We do not employ day labor of any kind. Many of our employees are current or former military members. All crews are trained with the American Moving and Storage Association's training curriculum.

Experience: Quality Services has 13 years of experience in the moving and storage business. We have experience in all elements of moving household, office, commercial, and industrial goods.

Department of Defense Approved: The Department of Defense has approved Quality Services Moving to provide moving and storage services for the Armed Forces. Our warehouse is inspected quarterly for security and cleanliness.

Free Delivery of Materials: Boxes and packing supplies are delivered free for our do-it-yourself customers.

AMSA: Quality Services Moving is an approved member of the American Moving and Storage Association.

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I have a 60 inch. On top of it you can buy a brand new one for less than 2k.

As chip states, once you pay to get it, the money is spent.

As Ferg states read that contract.

Yeah, except you don't have a Pioneer Elite Plasma which is probably the absolute best Plasma TV minus 3d capabilities available on the market. It sucks cause it costs so much to get a lawyer, ect. Amazing panel though I must say.

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