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Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31740
Experience:  16 years legal experience including consumer protection law.
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I hired a moving company. We agreed to a certain amount.

Resolved Question:

I hired a moving company. We agreed to a certain amount. I paid that amount plus $700.00 more. They couldn't fit all my belongings on the truck. It was almost midnight and we had aXXXXXahead. They were going to bring the rest of my stuff to Durango but changed to taking it to a temporary place I am staying in Berthoud. Instead they put everything into storage against my will. They then began demanding payment for more than the agreed upon amount. They broke a big screen T.V., left part of the stuff at the home I moved from, and refused to make good on the damaged items or the things that got left behind. They are holding the items they did take in storage and demanding payment without resolution. I have to have those items so I don't have any choice but to pay the amount they are demanding. This is theft! I need help right away.
Kathryn XXX-XXX-XXXX. They are threatening to sell my stuff starting Monday.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Did the agreement you signed indicate the amount or weight of items they were to move? Did you exceed that amount?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

The movers packed my copy of the paperwork. I have tried to get a copy from the person acting as owner but she refuses to cooperate. I do not recall signing an agreement for weight but I don't have my copy of paperwork. The mover put all my stuff in my garage in Durango and didn't label boxes appropriately.


This has been a two stage move. One move to Berthoud and the next to Durango. Regardless of what was signed, the movers took my things that were supposed to go to Durango. They are holding them in storage. They left items behind that I'm trying to retrieve now even though the sale on the house closed.

Expert:  Tina replied 1 year ago.
Hello again, Kathryn, and thank you for providing this additional information.

They could typically charge you more if you exceeded the volume or weight they agreed to move in the contract you signed, so it is not possible to determine your rights without a copy of the contract. Since they are refusing to provide that to you, you could file a complaint with the BBB and state consumer protection agency. If they wish to protect their reputation, they should respond appropriately and provide a copy of the contract you signed.

Since you are under time constraints though (because they are threatening to dispose of your items if you do not pay an additional amount), it will likely become necessary to pay the amount being demanded just to regain possession of your belongings and then review your contract to determine how much in damages you have sustained as a result of any breach of contract they committed.

If they agreed in the contract to move all of your items and they are now failing to do so, you could file suit in small claims court for the additional monies you were forced to pay them as well as any other foreseeable costs you incurred as a result of their breach.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

The cost is not the main issue here. The movers couldn't fit everything on the truck. They did not complete the move. The items that didn't fit were supposed to come on another truck but instead I had to leave with the truck that was fully loaded and "trust" they were going to load the rest the next morning and meet up in Durango. That truck never arrived. Instead, they took my stuff. Then demanded an amount before the move was completed and are holding the rest of my belongings as hostage. I stressed over and over to the movers while they were loading that my filing cabinets HAD to be loaded. They assured me they could fit everything onto the truck and not to worry about it. Now my things are scattered, broken, in pieces and many items were left behind. I see part of this as theft since my things were supposed to end up in Durango. They never even attempted to get my things to their destination. I was told they would rent a U-Haul later and bring my items but now the supposed owner is denying she ever promised that. I have part of a bed, part of a fire pit and missing items.


is there any criminal action I can take? How did my belongings go from it's final destination into their possession because they needed another truck?

Expert:  Tina replied 1 year ago.
I certainly agree that they have done a very poor job with your move and also appear to have lied to you and engaged in other wrongdoing. However, because you do have a contract with them, the police would typically respond to your complaint by saying this is a civil dispute. In addition, they would have nothing from which to determine what the parties had agreed to since you don't have a copy of the contract. So a prosecutor would normally not pursue criminal charges but you could pursue a civil suit for damages and it would be the prosecutor's decision whether to file criminal charges.

The state consumer protection agency has the authority to investigate your complaint as well, and aid in recovering compensation on your behalf, so I would file a complaint with them.

Ultimately, it may require a civil suit though in order to recover damages you have sustained as a result of their extremely poor service to you.



Tina, Lawyer
Satisfied Customers: 31740
Experience: 16 years legal experience including consumer protection law.
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