What To Expect From Your Moving Company And Avoiding Fraud

In the final part of our three part series on moving company fraud find out how to avoid becoming a victim of fraud and what to expect from your moving company.

How To Avoid Becoming A Victim Of Moving Fraud

• Be sure that the only blanks left in the document you sign is for the actual weight of the shipment or any expenses that the mover will incur during the trip.
• Watch out for boxes that are pre-checked in offers online; these could lock you into terms you didn’t want.
• Be sure that everything that the mover verbally promised you is put in writing.
• Do not let the mover pressure you into signing anything.
• Do not fear asking for advice if you feel you need it. A lawyer or a financial advisor can be a good resource.
• Remember the purpose of a contract is to protect both parties involved. Do not sign until you are sure that you completely understand every detail on the contract.
• Be wary of movers who give you an estimate via the Internet or over the phone based on a list you provide, rather than actually visiting your home. If the moving company is within 50 miles of your home, make sure they come out for an on-site estimate.
• Make sure that you keep a copy of every document that you have signed.

Make sure the mover provides:

• Estimate. The estimate should be in writing and should clearly detail what the charges will be for all the services that will be performed by the mover. Do not take oral estimates; insist they be in writing. Be sure that the mover signs the estimate.
• Order for Service. This should show the dates that the mover will pick up your household items and when he will deliver them. It should also include a list of all of the services that are to be provided by the mover.
• Bill of Lading. This is a contract between the mover and you and is a receipt for your household goods that are being moved. Before the mover leaves your home with the loaded truck, he should give you a partially completed copy of the bill of lading.
• Inventory List. This list is a receipt detailing each item you had the mover ship and the condition it was in when they loaded the truck. Make sure the mover gives you a written copy of the inventory after the truck has been loaded with your household items. Review the list and make sure that you agree with the condition listed for each item.

More On Estimates

Your mover is required to give you a written estimate for every shipment moved for you. The written estimate must include all charges, including accessorial, advance and transportation charges. The estimate must be signed by you and by your mover. Your mover is required to give you a dated copy of the estimate when you sign it.

If the moving company is with a 50-mile radius of the home you are moving from, the mover is required to base the estimate on a physical survey of your belongings. You can waive your right to a physical survey, but you must do so in writing before the mover loads your household goods onto the truck.

You need to know that if a broker gives you an estimate, the mover does not have to accept that estimate. Make sure the mover gives you a written estimate if he tells you orally he will accept the estimate from the broker.

The mover must also tell you what form the payment needs to be made in upon delivery. Payment options may include, but are not limited to cash, certified check, cashier’s check, money order, a specific credit card such as VISA, or their own company’s credit.

Types of estimates:

• Binding. This is a written agreement between you and your mover made before the move that states that you both will be bound by the charges detailed on the estimate. It guarantees you that the amount shown on the estimate will be the total cost of the move, based on the items and services detailed on the estimate. If in order to deliver your shipment, your mover has to do impracticable operations, as written in his tariff, he can charge you for these operations at delivery, as long as they don’t exceed 15% of the total charges due upon delivery. Your mover can charge you for a binding estimate.
• Non-binding. This is what your mover thinks the move will cost, based on the accessorial services you have asked for and the estimated weight of the goods. This type of estimate is not binding for the mover. It must state that the actual final charges will be based on the actual shipment weight, the mover’s tariff provisions that are in effect and the services that are provided. You should expect that the final cost at the time of delivery may be 10% more than the cost written on the estimate and you must have 110% of the estimate with you when the shipment is delivered. Your mover is not allowed to charge you for a non-binding estimate.

The Timeliness Of Your Shipment

Your mover is required to deliver your shipment to you in a timely manner, known as a “reasonable dispatch service.” Your mover is required to provide you with reasonable dispatch service, except for guaranteed delivery dates for the transportation of your goods.

If you mover is unable to meet either the pickup or delivery date as specified in the order for service, he must let you know, at his expense, of the delay. He must notify you as soon as he is aware of the delay by any of the following forms of communication: in person, by telephone, e-mail, fax, certified mail with return receipt or overnight courier. He must also inform you at that time of the new dates or time periods that he could pick up and/or deliver your household goods. He must take into consideration your needs in this and he must make a written record of the manner of notification, the time and the date.

He must also make a written record of the amended delivery date or time period. These records must be kept as part of his file on your shipment and he must keep them for one year from the date he notified you. If you ask for a copy of the notification, he must supply it to you in person or by first class mail.

The shipment must be delivered on the delivery date that you agreed up or within the time period written on the bill of lading. If you agree or request it, the mover can move the delivery date to another day.

If the mover has a delay in either the pickup or delivery days and notifies you accordingly, he is still liable for any damages that may result from his failure to deliver as previously agreed. However, once there is an alternate date of delivery, you are responsible for being there and accepting delivery on the specified dates. If you are not willing to accept delivery or are not available, the mover can put your household goods in storage at your expense or keep your goods on his truck and charge you extra.

If after the truck has been loaded and has left, you ask your mover to change the date of delivery, most movers will agree as long as the change doesn’t cause unreasonable delays for the truck or other equipment, or interfere with the move of another customer. But, your mover doesn’t have to agree to move the delivery date just because you request it. Again, if you do not accept the delivery on the date you agreed to, the mover is within his rights to put your items in storage and charge you for it.

If your mover does not pick up your shipment or deliver it on the date written on the bill of lading and because of that you incur expenses you wouldn’t have had otherwise, you may be able to get those expenses back from your mover. This is called a delay or inconvenience claim. If the mover will not honor the claim and you still think you are entitled to damages, under 49 U.S.C. 14706, you can take the mover to court. The FMCSA does not have the authority to make your mover pay your claim. Before you hire a mover to move your household goods, learn what sort of payment you can expect to get if he delays pickup or delivery through his fault, not yours.

If your mover can deliver your household goods more than 24 hours before you are ready to accept the delivery:

He can decide to put your items in storage in a warehouse near your delivery destination, on his account and at his expense. If he does this, he is required to let you know the name and address of the warehouse where your goods are housed. He must also keep this notification as part of his records regarding your move.

If you store your household goods in transit and the storage period is nearing its expiration date, you mover must send you written notification regarding the following:

• The date on which the storage-in-transit will become permanent storage.
• The fact that you have 9 months after the date that the storage converts to permanent storage, during which time you can file a claim against the mover for the lost or damaged goods while the goods were either in transit or in storage-in-transit.
• The end of your mover’s liability.
• The fact that your household goods will become subject to the charges, rules and regulations of the warehouse where they are stored.
• Your mover must notify you of all of this at least 10 days before the expiration date of one of the following:
• The specified time period your mover was supposed to store your items in transit.
• The maximum amount of time allowed for storage-in-transit according to the mover’s tariff.

The notification must be in person or by e-mail, fax, overnight courier or certified mail with return receipt. If the agreed upon storage-in-transit period is less than 10 days, you mover must make the notification one day before the end of the storage-in-transit period. The same information must be included.

Your mover is required to keep a record of all of the notifications he sent you as part of his file regarding your move. If your mover fails or refuses to notify you, his liability will automatically be extended to the end of the day following the date that he does give you notice, as per the applicable storage-in-transit tariff provisions.

If There Is A Problem With Your Move

• Dispute settlement program. If yours is an interstate move, the movers are required to give you information before the move about their dispute settlement program. They are required to offer a neutral dispute settlement program to resolve any disputes that may come up regarding damaged or lost household items.
• Lost or damaged goods. In the event that the truck arrives and some of your belongings are either damaged or just not there, ask the mover for a company claim form. Fill out the form the best you can and find out from the mover where you should send it. You have to file a written claim with the mover within 9 months of the date he delivered your household items to you. You have to submit the claim in writing, but you do not have to use the claim form the mover provided. It is suggested that you use certified mail when you send the claim to the mover. If the settlement offer the mover makes is not satisfactory to you, you can submit a loss and damage claim with the dispute settlement program or use other legal avenues.
• Applicable transportation charges. The mover cannot assess charges for services that are not listed in a published tariff. The tariff must be given to you if you ask for it. If you think you have been overcharged, you can get further assistance by contacting the Surface Transportation Board at 866-254-1792.
• Filing a complaint. Although the FMCSA does not have the authority to settle claims against a mover, you can file a complaint at http://nccdb.fmcsa.dot.gov or by calling 888-DOT-SAFT (888-368-7238) Monday to Friday 9 am to 9 pm, eastern time. A federal investigation against the mover could be triggered by your call.

For part one of this series see, Consumer Protection: How To Avoid Moving Company Fraud

For part two of this series see, Consumer Protection: Moving Company Fraud Red Flags.