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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87079
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We are having a dispute with YRC freight. We requested and

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We are having a dispute with YRC freight. We requested and received a rate quote to have an item shipped from a reseller in West Virginia to our facility in California. YRC gave us a quote. The firm in West Virginia shipped an item ordered by another firm in New Mexico using our BOL and YRC's pickup in error. The firm in West Virginia contacted YRC freight and had the shipment diverted (reconsigned) to the New Mexico address with out notifying us prior to the diversion and without our permission. YRC is now requesting payment by us for this BOL at triple the quoted rate
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) How much is the dispute for, i.e. what is the dollar amount involved, and
2) What exactly are you asking here - whether or not YRC can bill you for triple the amount under these circumstances?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

The original quote was for ~ $ 680.00 the corrected bill was in the amount of ~ $ 2200.00. This is because of the change in recipient of the shipment the discount rate which was used in calculating was changed from a discount of 85% to 55%.


The numbers are approximate as I do not have the paper work in front of me at the moment.


 


What I am asking here is can YRC pursue me for payment of this bill. They are currently getting past due collection noticies regarding this invoice as we have not remitted payment due to the nature of the bill.

Expert:  Ely replied 1 year ago.
Thank you for your explanation, P. I am writing out my answer now; apologies in advance for the momentary wait...
Expert:  Ely replied 1 year ago.
What I am asking here is can YRC pursue me for payment of this bill. They are currently getting past due collection noticies regarding this invoice as we have not remitted payment due to the nature of the bill.

No, their bill is not valid. The mistake was not yours, but theirs. There is no reason why they should be sending you a bill at triple the cost for an action that you had no control over. If they or another third party had make a mistake, then they or the other third party is liable for the extra cost.

At this time, someone in your situation may wish to write back a letter stating that unless they agree to their ORIGINAL quote, you will file a declaratory judgment under Ca. Code of Civ. Proc. § 1060 et seq, demanding that the Court declare what is fair. A declaratory judgment is a request of the Court to determine what is fair and equable in an unforeseen situation, such as this (and the court is likely to side with you).

Very often,they will simply agree to waive the extra fees to avoid litigation. Let me know if you need a sample letter.

I hope this helps and clarifies. Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

A sample letter would be helpful


 


Thanks

Expert:  Ely replied 1 year ago.
P,

You got it; one second please while I do so...
Customer: replied 1 year ago.

Thanks

Expert:  Ely replied 1 year ago.
Dear _______________,

We are in receipt of your request for $______________ as payment for (description).

At this point, this demand is REJECTED. This is because the mistake that has lead to further billing is not due to our fault, but to the fault of $_____.

Therefore, we then offer a payment of $____ to satisfy the bill. If this matter is rejected, we shall have little choice but to perhaps seek a declaratory judgment via Ca. Code of Civ. Proc. § 1060 et seq. All legal fees will be requested with the judgment as well.

I do hope that this matter can be settled amicably. You may contact us at any time at ____ to discuss the matter.

Sincerely,

Signature

Name


If they agree, have them sign a RELEASE to waive anything else (below):

Release

(PARTY ONE) and (PARTY TWO) agree:

WHEREAS, certain disputes and financial transactions have occurred between the parties hereto, and, WHEREAS, they desire to amicably resolve these disputes and acknowledge the extinguishment of any and all debts, obligations, and liabilities of any kind between the parties, IT IS AGREED:

That in consideration of this agreement, the parties mutually release one another from all claims of any kind whatsoever with regards XXXXX XXXXX from the beginning of time to the date of the execution of this agreement, and that this mutual release shall be valid and binding and insure for the benefit of the heirs, successors and assigns of both parties.

This release shall only become considered binding upon (1) the transfer if $___ from PARTY TWO to PARTY ONE and (2) both parties signing the agreement.

Dated: _________________


________________________________________________________________
PARTY ONE
________________________________________________________________
PARTY TWO


Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87079
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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