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Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 28556
Experience:  30 years experience in general legal matters.
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I had a contract with a shipping service to pick up our car

Customer Question

Hello, I had a contract with a shipping service to pick up our car in Stamford CT and move it to Las Vegas. The contract was for $700 with no additional fees or costs incurred (as well as email confirmation of that agreement). The service did not pick up when scheduled and was late in responding. When I emailed I asked them to pick up the car as soon as possible. I never head back until the car was ready to deliver 4 days later. The party that moved the car said we owed an additional $300 for the shipping. When I called the contractor who handled this he said that was a rush fee. I never asked or approved of this. And he never called or emailed of this fact. Now the car is in storage as we refused to pay the additional $300. And they will not respond to my calls. I emailed the BBB (which took the complaint) and the Florida Attorney General as well as the Consumer Protection division. I just want my car back? What options do I have?
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Loren replied 5 months ago.
Good afternoon. I am Loren, a Florida licensed attorney, and I look forward to assisting you.What is the connection to Florida? Where is the car now? Does the contract have any limitations as far as venue or choice of law?
Customer: replied 5 months ago.
The shipping company is located in Hollywood Florida and the car is in Las Vegas at a storage location racking up fees. I do not see any jurisdictional requirements for where legal claims would be based on the contract
Expert:  Loren replied 5 months ago.
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Expert:  Loren replied 5 months ago.
The company is only entitled to the payment provided int he contract and they are not entitled to change the amount unilaterally.Therefore, as distasteful as it may be, you should pay the amount they are currently demanding, just to get the car out of storage and stop the fees from continuing to accrue. Then sue them for breach of contract in the Florida small claims court.
Expert:  Loren replied 5 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

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