We are the lawyers acting for (the "Creditor") and have been retained with respect to the recovery of damages in the amounts of CAD$20,930.00 and USD $31,550.00.
These damages emanate from numerous truck transportation services which the Creditor provided to Multiline Transport Ltd. ("Multiline") over the past two years. Multiline ordered these services and the Creditor completed the trips as ordered. Multiline has not paid any of the outstanding amounts, which are now all overdue. The dates and outstanding amounts are set out in the attached Schedule A.
Multiline has repeatedly promised to pay these balances and has also promised to clarify and properly account for all transactions with the Creditor. The Creditor has requested that Multiline account for all transactions, including reconciling advance cheques which were never requested, shipper confirmations for all trips, amounts owing for lumpers, all alleged deductions and set-offs, insurance premiums, and amounts actually paid. Pursuant to the agreement between the Creditor and Multiline, the payments and all of the supporting information were to have been provided regularly and promptly to the Creditor.
The Creditor fulfilled all of its obligations to Multiline, and transported all shipments as agreed, yet Multiline has not paid the Creditor for the shipments, has refused to disclose the supporting documents, has not disclosed the original trip confirmations, has not reconciled the transactions, has provided inaccurate or false information, or has simply ignored the Creditor's requests. Many of these transactions were in US dollars at a time when the exchange rate was higher than today, resulting in additional losses for the Creditor. Multiline's failure to pay the amounts owing also caused consequential damages to the Creditor and its principal.
Despite numerous requests and conversations with the Creditor over the past 2 years, Multiline has failed to deal with this matter. Multiline has therefore breached the contract with the Creditor.
Because of Multiline's failure to pay the outstanding amounts, or to even provide a proper accounting for these transactions, we have been instructed by the Creditor to demand repayment of the amounts stated above, which represent the total balance outstanding on all the trips to date.
If the total amount outstanding is not paid within 10 days from the date of this letter, or unless satisfactory arrangements are made for repayment and reconciliation of all transactions, proceedings will be started against Multiline Transport for the total amount outstanding.
If this matter proceeds to litigation, the Creditor will be seeking both pre-Judgment and post-Judgment interest on the outstanding amounts pursuant to the Courts of Justice Act, as well as legal costs on a substantial indemnity basis. The Creditor reserves its right to start legal action against you before the notice period
CAD $2,000.00 balance owing, no trip confirmation
352
29 Mar
USD $ 620.00 balance owing, no trip confirmation
358
15 Apr
USD $ 400.00 balance owing
361
22 Apr
USD $ 500.00 balance owing
367
06 May
USD $ 300.00 balance owing
368
10 May
USD $1,550.00 balance owing
369
13 May
USD $2,100.00 full amount owing
373
26 May
CAD $ 400.00 balance owing
374
31 May
CAD $ 600.00 balance owing
376
06 Jun
CAD $ 680.00 balance owing, no trip confirmation
381
20 Jun
USD $ 720.00 balance owing, no trip confirmation
383
24 Jun
USD $1,400.00 balance owing
389
19 Jul
USD $ 680.00 balance owing, no trip confirmation
400
31 Aug
USD $2,000.00 full amount owing, no trip confirmation
404
Jul
CAD $1,200.00 full amount owing, no trip confirmation
405
Jul
USD $1,600.00 balance owing, no trip confirmation
CAD $ 130.00 owing for lumper
407
24 Sep 2010
USD $2,000.00 full amount owing, no trip confirmation
408
26 Sep 2010
USD $1,280.00 balance owing, no trip confirmation
410
03 Oct
USD $1,480.00 balance owing, no trip confirmation
411
06 Oct
USD $ 760.00 balance owing, no trip confirmation
412
10 Oct
USD $ 780.00 balance owing, no trip confirmation
415
19 Oct
USD $ 600.00 balance owing
416
21 Oct
USD $1,120.00 balance owing, no trip confirmation
417
24 Oct
USD $1,680.00 balance owing, no trip confirmation
418
27 Oct
USD $ 640.00 balance owing, no trip confirmation
420
03 Nov
CAD $1,200.00 full amount owing
422
11 Nov
USD $1,760.00 balance owing
427
28 Nov
CAD $1,000.00 balance owing
431
20 Dec
USD $ 880.00 balance owing, no trip confirmation
454
Mar
USD $1,000.00 balance owing, no trip confirmation
461
Apr
USD $ 500.00 balance owing, no trip confirmation
462
20 Apr
USD $1,150.00 balance owing
476
07 Jun
CAD $ 300.00 owing for lumpers
478
14 Jun
USD $ 300.00 balance owing, contrary to trip confirmation
482
24 Jun
USD $ 450.00 balance owing
484
01 Jul
CAD $ 400.00 balance owing, contrary to agreement
486
06 Jul
CAD $ 400.00 full amount owing
488
12 Jul
CAD $ 230.00 full amount owing
491
20 Jul
CAD $ 40.00 full amount owing
498
24 Aug
CAD $ 250.00 full amount owing
519
27 Oct
USD $1,000.00 estimated full amount owing, no trip confirmation
CAD $1,500.00 estimated full amount owing, no trip confirmation
520
31 Oct
USD $1,300.00 estimated full amount owing, no trip confirmation
CAD $1,500.00 estimated full amount owing, no trip confirmation
521
02 Nov
USD $1,000.00 estimated full amount owing, no trip confirmation
CAD $1,600.00 estimated full amount owing, no trip confirmation
Lumpers
Various
CAD $1,500.00 owing for various lumpers
Insurance
12 months
CAD $6,000.00 owing for insurance, based on $500.00/month estimate
Total Owing
Usd $31,550.00
Cad $20,930.00
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