I hired ASAP Van Lines to move me from Palatine, Illinois to Parker, Colorado. The non-binding esitimate they provided over the internet was for 2,000 pounds at $1,100. When they came to my house to pick up my belongings on 1/12, they provided an on-site non-binding estimate (per federal regulation 375.405) of 2,000 pounds at $1,100 $300 for packing materials, for a total of $1,400.
On Jan. 14, I received a phone call from the company and was told that the actual weight was 3,480 pounds, almost 75% more than their "good faith" estimate and the total bill was $2,191. I then called the Illinois Commerce Commission and explained my situation. The woman I talked to told me that the ICC has a stack of complaints against ASAP Van Lines, they are not licensed in Illinois and they are "scoundrels". Unfortunately, the ICC has no jurisdiction over interstate moves and she directed me to the protectyourmove site which has a lot of good information, including links to the federal regulations that govern interstate moves.
After becoming familiar with the regulations and doing some research on the internet, I sent an email on Jan. 17th to ASAP Van Lines stating that I was ready to accept shipment at any time and asking them to fax the weight tickets to me. The weight tickets they faxed were missing my name, my order number and the weigh master's signature - pieces of information that are required by federal regulation 375.519.
On Jan. 27, I received a phone call from ASAP Van Lines that they were ready to ship my belongings. I told them I was ready for the shipment and would pay 110% of the non-binding estimate prior to my belongings being unloaded (per their contract and federal regulation 375.703). ASAP refused to ship my belongings unless I agreed to pay them the entire amount of $2,191. Later that day, I sent them an email reiterating that I was ready to accept shipment, I would pay 110% at delivery and requesting a reweigh during the delivery (federal regulation 375.517).
Following their refusal to ship my belongings, I filed a complaint with the Better Business Bureau on Feb. 2. Following is the response ASAP Van Lines submitted. Bear in mind that the contract plainly shows that this is a non-binding estimate, the small print in the contract states that only 110% of the non-binding estimate must be paid at delivery, but the customer can voluntarily pay the full amount and the weight tickets are missing the required information that identifies them as the weight tickets for my order.
"We must respectfully disagree with your misunderstanding of transportation regulations. You only had a phone conversation in which you outlined what goods you were moving. That is not an binding or non-binding estimate. The part you state about the contract saying if the estimate is non-binding... Is correct except you did not have a non-binding estimate.
You only have a contract which must be paid in full. When the movers arrived and had your authorized agent sign a contract with the new estimated weights. The 110% rule has no relevance in this transaction. The weigh tickets are valid. Because the move involved the transport of household goods in interstate commerce, the rights, obligations and liability of the mover and the shipper are exclusively governed by Federal law. Specifically, the Interstate Commerce Act ("the Act") controls the shipper's obligation to pay freight charges. The Carmack Amendment, a subpart of the Act, governs the carrier's liability for claims. The act and the tariff under which we operate establishes a procedure which requires prompt payment of freight charges and sets forth a detailed claims handling process which governs the carrier's investigation, adjustment, and, if warranted, resolution of the shipper's claim.By signing the Uniform Household Goods Bill of Lading and Freight Bill the shipper or their authorized agent agreed to abide by these rules."
Following the recommendation on the BBB website, I intend to dispute the credit card charges for the $615 deposit I paid to ASAP Van Lines. ASAP is now demanding that I send them a money order for $2,191 before they will let my belongings leave their warehouse. They are holding my belongings hostage and they are in violation of several federal regulations. I have documentation to support all my allegations.
Gigi2029
Parker, Colorado
U.S.A.
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