Carrier found on uShip.com keeping cargo hostage

[Captain1]

I ordered a carrier online to go pick up a boat I just bought in Alabama and deliver it to Nashville, Tennessee. They arrived two days later than our agreement (I was not at the pick up site), did not use permits or escorts (the size of the boat required them), and they did not reduce the height of the craft by removing the flybridge (which was outlined in our agreement as well). When the boat showed up to the destination, it was significantly damaged. It had torn down power lines and nearly ripped off the bridge. Also, upon arrival the carriers demanded an extra $1,000 because the boat was so big. This was confusing because our agreement clearly showed the dimensions of the craft and the carrier complied. We called the police and informed them of the situation but they said it was a civil matter. We refused payment so the carrier left and would not return phone calls or emails. Four days later I recieved an email in broken english stating that if I wanted to know the location of my boat I needed to wire $4400 into their bank account and they would tell me. We agreed on $2200 for the entire deal only. They did divulge that the boat was somewhere in Alabama and that the $4400 is just to legally get it back.

I did some research on these guys and apparently they've had 3 companies created in the last 12 months. The previous two were shut down by the government for unsafe business practices including but not limited to DUI/non licensed drivers/speeding/no permits/ecessive driving hours etc. uShip.com informed me their accounts were permanently banned due to "trust and safety issues"

Anyway we found the boat in alabama by calling around to the different marinas. She apparently is in much worse shape then when she was picked up. My question is what do I need to do to get this back? Can I just take it from the marina myself? Do I file a stolen police report and then go get it? Can I sue these guys based on the information I've presented. I have before and after pictures of the shipment plus several witnesses. When I called the marina manager down there he said the carriers showed him a police report of their own but could not articulate what was on it. This whole thing seems very illegal. Not to mention the carrier did not have a Bill of Lading whatsoever. Any help you have will be greatly appeciated.

-Adam

 

[swalsh411]

It's your boat. You can go get it, then sue the bad guys for the damage they caused. Good luck.

 

[Captain1]

its really that simple? I can just go take it back without them using some rediculous legal loophole to try and screw me over? These guys are turkish and seem very corrupt. Their business practices are deplorable. Anyway I'm just trying to make sure I keep my own nose clean.

 

[sandyclaus]

I'd be curious exactly what this so-called police report they have says.

I would personally go there with a police escort, your ownership documents, and get your boat. Let the bad guys sue you for the fees but be prepared to have to pay SOMETHING for the services. Of course, you can then countersue for your damages, which sound like they may exceed the cost for fees. But good luck being able to collect a judgment against them - sounds like they have done this many times before.

 

[Captain1]

Yea I understand what you're saying. I called Nashville Police and they said they are not tracking any such report. I guess I will just try to go there with ownership documents and the police. That seems to be the safest bet. But if I do that I should prepare to be sued by these guys? Does anyone think they actually have a case?

 

[OHRoadwarrior]

That depends on what the judge says. From the sounds of it, they have caused more damage than the shipping fees and will likely walk away to screw someone else, down the road.

 

[BigMouthWino]

Yea I understand what you're saying. I called Nashville Police and they said they are not tracking any such report. I guess I will just try to go there with ownership documents and the police. That seems to be the safest bet. But if I do that I should prepare to be sued by these guys? Does anyone think they actually have a case?

I would be careful about just going there and taking the property. Even though you own it they have a lien on it for their freight charges and you could be charged with theft for showing up and taking it from them if they are storing it on their own property or property they are leasing for the purposes of storing it.

For more information you may wish to refer to The Uniform Bills of Lading Act (49 USC Sec. 80101) and also the ICC Termination Act (49 USC Sec. 13707(a)) the latter of which states in part ". . . a carrier providing transportation or service subject to jurisdiction under this part shall give up possession at the destination of the property transported by it only when payment for the transportation or services is made."

Good luck.

 

[OHRoadwarrior]

To apply the ICC laws vested interest, they must be a legally registered ICC carrier I believe. I question whether that is true.

 

[BigMouthWino]

To apply the ICC laws vested interest, they must be a legally registered ICC carrier I believe. I question whether that is true.

Now they only need to be a DOT licensed motor carrier which they certainly are to operate their trucks on interstate highways. The ICC was abolished in 1995 and replaced with the Surface Transportation Board which is part of the US Department of Transportation (DOT).

 

[Captain1]

Well I paid these guys for a timely, safe, and LEGAL transport. None of this occurred. They had no escorts or permits, no bill of lading, and they fled the scene when police showed up to inspect the power lines they tore down. These guys just seem like a couple of dudes doing this whole thing illegally. I'd like to just get the police to escort me there to take the property back which they said they would.

 

[ecmst12]

Even if they do have a lein (which is unlikely), that doesn't entitle them to posession.

 

[BigMouthWino]

Well I paid these guys for a timely, safe, and LEGAL transport. None of this occurred. They had no escorts or permits, no bill of lading, and they fled the scene when police showed up to inspect the power lines they tore down. These guys just seem like a couple of dudes doing this whole thing illegally. I'd like to just get the police to escort me there to take the property back which they said they would.

All of those are issues to sort out in court. You will need to either pay them and then sue them or sue them to reclaim possession of your property. Every day you wait you are also likely incurring storage fees.

Even if they do have a lein (which is unlikely), that doesn't entitle them to posession.

Wrong. Read the statute. If you do not think that this boat was shipping under a uniform bill of lading you must also believe the sky is green.

 

[Captain1]

There was no bill of lading provided. How is a lien specifically enforced without one?

 

[Captain1]

Also, the agreed upon price was 2200. How can they get away with charging me 4400. And even after that 4400, my boat still won't be delivered. How does that make sense?

 

[BigMouthWino]

Also, the agreed upon price was 2200. How can they get away with charging me 4400. And even after that 4400, my boat still won't be delivered. How does that make sense?

All excellent points to bring up in court. Somebody executed a bill of lading when they delivered the boat onto the motor carrier. It was probably the consignor (the person who sold you the boat). That does not relieve you (the consignee) of liability for payment to the carrier.