Wednesday, November 22, 2006

Flexing My Legal Muscles

I'm so pissed. Here's an email I sent this morning:

Hi Doug,

Per our phone conversation, here is the course of events:

1. When you and my mom spoke to arrange a pick up date, she asked if we could have our belongings delivered on the 21st of November. She was told that it would be "really close to the 21st".

2. On Monday the 20th, David from your sub-contract company called my Mom to indicate that we would probably have delivery "later this week". When my mom reminded him that Thursday was Thanksgiving, he then said probably Friday or Saturday; he ended the call by saying he’d call her back later that day or the next (Tuesday) to confirm.

3. We received no call back on Monday, so my mom called on Tuesday and left a message requesting a call back. The call was not returned, so she called again this morning.

4. In this morning’s phone call, David indicated we’d "probably" have delivery next Wednesday or Thursday (the 29th or 30th). He said he would call back to confirm. She reminded him that he said that on Monday, at which point he became belligerent and asked if she was calling him a liar.

5. In the Monday phone call, we also learned that the price had increased from approximately $2,500 to approximately $7,000.

Here are my concerns:

1. We have a 5 year old child and a 70 year old woman with a prosthetic hip, two prosthetic knees, and fused disks in her back sleeping on the floor;

2. The 29th or 30th is no where near the 21st, and is a completely unacceptable timeline for delivery of materials a mere 600 miles away from the point of origin. We’re already more than a week out. It is my understanding that your subcontract company holds loads until they have a sufficient quantity to load a (presumably) larger truck, however our belongings are so heavy that they warrant a 2 and a half time increase in price, surely they are sufficient in quantity to warrant a move without having to wait.

3. While the contract clearly states that the price is subject to increase depending on the weight of our shipment, I have strong doubts that the weight of our shipment was so grossly underestimated. I will wait to see a verified weigh-station report however before I dispute that.

4. The contract also clearly states that we will be charged for additional materials such as boxes, crating, tape, bubble wrap, etc. However, it does not indicate a minimum size box. I have been told that the movers, at their SOLE discretion, decided our pre-packed boxes were too small and therefore re-packed a number of items. I take issue with the additional packaging charges for those items, as we were not informed ahead of time of minimum package sizes and the re-packing was not approved by us.

5. And my biggest concern at this point is that David apparently already holds a grudge against us—with him in control of the entirety of our belongings and with insurance at a mere 60 cents per pound per item, he is in a position to do us a great deal of additional financial (and potentially emotional) damage.

Anything you can do to expedite the delivery of our belongings, to reduce the outrageous cost, and to salvage the good name of your company is greatly appreciated.

I would like to hear back from you before close of business today. I may be reached by reply email or at the phone numbers below.

Thank you,
Sr. Contract Administrator
(Company) Legal Department
Phone: (number)
Cell: (number)
Fax: (number)