Moving Company Failure and Refusal to Refund

[NefertitiX]

I'm in Georgia (though I lived in NY at the time the moving company was contracted).

I contracted with a moving company and paid a deposit. I provided them a form from my landlord indicating all the certificates of insurance required for them to effect the move. They only sent 2 of the 4 required COIs and sent movers on the day of move knowing they didn't have all the COIs. I called over and over and over on that day trying to clear this up with them and they wouldn't ever answer or provide any reassurance that the issue would be resolved that day or the next. At COB, I cancelled the move and hired other movers to make sure I'd be out in time. Based on them (1) not initially providing the necessary COIs and (2) not responding to my communication or providing reassurance at any point during the scheduled move day, I had no confidence they'd actually resolve the issue and cancelled the move in anticipatory breach of contract. Now they won't give me any of my deposit back despite the fact that they failed terribly on the day of. I'm thinking of taking them to court, am I right and do I have a case re: anticipatory breach?

 

[STEPHAN]

What does your contract say?

 

[NefertitiX]

RESCHEDULE / CANCEL OF SERVICE: Rescheduling your move date must be submitted in writing by the customer at least three (3) business days prior to service date, in order to avoid a rescheduling fee of $200.00. Cancellations for services completed more than 48 hours after booking will result in a forfeiture of the deposit, and is not refundable. The deposit can be used toward a future move within six months of your original move date.
All cancellations for services made by customer less than three (3) business days prior to service date (including onsite service cancelation made by customer) do to unforeseen circumstances, or any additional services added to the account such as packing services, additional items to be moved, overnight service, storage services or packing materials usage, that are not included in the initial Estimate Cost For Service that was signed and approved by customer, the customer is fully responsible and will be charged the entire total Estimate Cost For Service given prior to service date.
On site service cancellations will forfeit their deposit and may incur additional charges if the driver has started loading the truck. Customers will be charged $150.00/hr from the time they left the warehouse until they time they return. A customer will also be charged for any packing material used.

Stephan, that's what the contract says. I cancelled because of what happened the day off and I believed it'd happened again the next day and I would be on the hook for an additional $150.00 hr when they sent another set of movers without COIs. Any thoughts?

 

[Dandy Don]

Would this be considered as an onsite cancellation or not? Your only method of cancellation was by telephone only and you submitted nothing in writing, correct?

Have you paid them any money? How much was the total estimate cost for service?

How much was your deposit?

If you took them to court, how much would you ask for in damages?

Have you checked this moving company's reputation online to see if other people have been treated similarly or if there are other complaints against them?

 

[NefertitiX]

Hi Don, thanks for responding. In terms of the questions you asked:

Would this be considered as an onsite cancellation or not? Your only method of cancellation was by telephone only and you submitted nothing in writing, correct?
The day of the move the movers left and said they'd come back when the moving company got it sorted out. So they cancelled that day. At the end of that day, the moving company had the receptionist call us to reschedule but she couldn't say whether the COI issue was resolved and no one else from the moving company would answer phone calls or emails. The cancellation was by email so it is in writing.

Have you paid them any money? How much was the total estimate cost for service? How much was your deposit?
Only paid the deposit, a little over $500. The total estimate was about $1200.

If you took them to court, how much would you ask for in damages?
I want the deposit back or at least 1/2 of it. They knew they didn't have the necessary COIs and took our money anyway. They failed us on the first day and likely would have failed us on the second day and tried to charge us a $150 fee when the movers came out again.

Have you checked this moving company's reputation online to see if other people have been treated similarly or if there are other complaints against them?
Other people have definitely been screwed by this company. They have a name similar to another reputable company and its hard to distinguish them but when you do, you see the one we contracted with is a terrible company.

 

[NefertitiX]

Bump

Hi All,

Any others thoughts on whether I have a small claims case or not?

 

[Dandy Don]

According to the terms of the contract that you agreed to, you will pay the extra charges, but because of the shabby way you were treated, the judge may rule in your favor and try to find some way to penalize this company.