What is the name of your state? CALIFORNIA
Hi, I own a successful small business and have never been 30 days late on any bill for any reason. Now I've get a scummy Collection Agency (pardon the redundancy) calling me about a debt that I believe is not a Valid debt. 6-months ago we asked a Broker to arrange for the shipment of merchandise between our CA and TN warehouses. This Broker previously handled our Int'l shipments, Customs pprwrk, etc., and was very familiar with our merchandise (we only have one line, all the same material). Verbally quoted $1250.00, we agreed. After weeks of the brokers' mis-handling, the merchandise made it to the right city and we picked it up. Sinc ehte $1250.00 was to include delivery to the final destination and that never occurred, the Broker volunatrily adjusted the amount to $1100.00. We then recieved an Actual Invoice (not quote or estimate) for $1100.00, which was paid immediately. The Brokder rec'd and deposited the check. There is no reference to pending charges, actual vs. estimates, shipper adjustments, etc on the Invoice.
Two-months later, the Broker sends us an Adjusted Invoice for $1700.00, stating that they made an error on the tariff and that we are liable for the difference since the Trucking Co is charging the Broker that amount. Given the Broker's overall management of this, we told the Broker that we did not feel obligated to pay them the difference. Broker admitted it was his mistake and the Trucking co is now dinging him for the difference.
Is this our legal debt, or is this solely between the Broker and Trucking Co? We did not select nor have any correspondence with the Trucking Co - that was why we used a Broker. Over 60-days ago I sent the Broker (via Cert mail) a letter stating our position that this is Not a Valid Debt. Now thy've turned it over to a Collection Co. After a lengthy phone conversation, I told the Coll Agy to take me to Court. I even offered a 50% Settlement, with the understanding that this is not a valid debt, but I've already spent more than $300.00 worth of my time.
Can one firm really Re-Invoice another, with a 50% premium, under the guise of "we made a mistake when we first Invoiced you and accepted your money"? I'm sure there's Agency/Principle Relationship laws that apply to this, but am I financially responsible for the Broker's mistakes?
Thanks for any assistance.
-Rhett N. Kaiser
Hi, I own a successful small business and have never been 30 days late on any bill for any reason. Now I've get a scummy Collection Agency (pardon the redundancy) calling me about a debt that I believe is not a Valid debt. 6-months ago we asked a Broker to arrange for the shipment of merchandise between our CA and TN warehouses. This Broker previously handled our Int'l shipments, Customs pprwrk, etc., and was very familiar with our merchandise (we only have one line, all the same material). Verbally quoted $1250.00, we agreed. After weeks of the brokers' mis-handling, the merchandise made it to the right city and we picked it up. Sinc ehte $1250.00 was to include delivery to the final destination and that never occurred, the Broker volunatrily adjusted the amount to $1100.00. We then recieved an Actual Invoice (not quote or estimate) for $1100.00, which was paid immediately. The Brokder rec'd and deposited the check. There is no reference to pending charges, actual vs. estimates, shipper adjustments, etc on the Invoice.
Two-months later, the Broker sends us an Adjusted Invoice for $1700.00, stating that they made an error on the tariff and that we are liable for the difference since the Trucking Co is charging the Broker that amount. Given the Broker's overall management of this, we told the Broker that we did not feel obligated to pay them the difference. Broker admitted it was his mistake and the Trucking co is now dinging him for the difference.
Is this our legal debt, or is this solely between the Broker and Trucking Co? We did not select nor have any correspondence with the Trucking Co - that was why we used a Broker. Over 60-days ago I sent the Broker (via Cert mail) a letter stating our position that this is Not a Valid Debt. Now thy've turned it over to a Collection Co. After a lengthy phone conversation, I told the Coll Agy to take me to Court. I even offered a 50% Settlement, with the understanding that this is not a valid debt, but I've already spent more than $300.00 worth of my time.
Can one firm really Re-Invoice another, with a 50% premium, under the guise of "we made a mistake when we first Invoiced you and accepted your money"? I'm sure there's Agency/Principle Relationship laws that apply to this, but am I financially responsible for the Broker's mistakes?
Thanks for any assistance.
-Rhett N. Kaiser