I'm an Illinois resident and booked a moving company based out of NJ. I paid a deposit via e-check, as required by the company, about 10 days before the scheduled pickup date. Long story short, the move fell through and I'm now trying to recover the deposit even though the company claims it is nonrefundable. I believe I have a claim for either breach of contract or fraudulent inducement based on the sales rep's outright lies prior to booking, but the amount in dispute (just under $1k) seems barely worth actually filing a claim. What I'm trying to figure out is whether there are any non-litigation options such as any sort of consumer protection agency that would help mediate a claim. Alternatively, if I do have to resort to small claims, can anyone tell me anything about the procedure? Details below.
Background/details:
Prior to booking, I asked the sales rep a lot of questions about the nature of the contract and was given a number of reassurances that I later learned were flat-out false. My contract lists a two-day pickup window and the time states "8 am". Anyway, the agent I scheduled with, as well as two additional customer service reps who made "courtesy calls" prior to the pickup date stated that the driver would call me "at least 24 hours in advance of pickup" to schedule the specific time. I told everyone I spoke with that I had taken time off work and scheduled the elevator in my building for the morning of the first day of my pickup window, and was repeatedly reassured that they would have the driver show up during that time. I never received the 24-hour call from the driver, but the morning that I needed the pickup, I started frantically calling the company's customer service line and finally got a response saying that the driver would be there. Driver does show up, a few hours late, and proceeds to do a walk-through of my apartment. Then he tells me his supervisor would call me and "try to close" with me over the phone. Supervisor calls, tells me that the driver thinks I'll need more space than the "binding estimate" listed on my contract even though my inventory is well below the original estimate (I had about a dozen fewer boxes than estimated). They also tell me that I'll be responsible for a number of other charges - packing materials, long carry, etc. - all of which I had specifically asked the sales rep about and been explicitly told that I would not be charged. I tell this to the supervisor and he initially suggests that he would "refund" me those charges, but later just tells me that I need to sign the new contract or they couldn't do the move. After some back and forth, I get off the phone and tell the driver that I need 5 minutes to call my spouse and decide what to do. He agrees and says he'll wait in the truck. Well, the guy then just leaves without even telling me. I call, text, call again...eventually get ahold of him and I ask him to have his supervisor call me back. Nothing.
So I call the customer service line several more times (each time getting either no pickup or getting someone, being put on hold, and never re-connected). Finally I get through to someone who claims to be a manager, who tells me "don't worry, he'll come." I tell him I want a refund because the driver came and left, and I'm not going to wait around all of two days hoping he comes back. The "manager" tells me that my deposit is nonrefundable and that his company didn't breach the contract because they have a 48 hour pickup window. Conversation ended when he literally screamed at me and then hung up. I got a call the following morning from a different driver who vaguely said he could be there "in about an hour" (which would've been impossible even if I'd wanted to because my elevator was fully booked by then). When I told this driver that I was still waiting on an explanation for the driver disappearing the previous day, he told me he'd look into it and got off the phone. Haven't heard a peep since.
My contract states: "Customer understands that Credit Card and ACH deposits are nonrefundable once the reservation has been made. Any cancellation made after the reservation has been made will result in the forfeiture of the all deposit(s) fee(s) paid. The client can postpone or apply the payment to any move service needed in the next calendar year. There is no penalty to postpone your move within 72 hours of the reserved move date. Carrier also reserves reserves the right to pick up within 48 hours of the reserved time frame to allow for delays caused by act of God such as severe weather or other uncontrollable circumstances."
I'm thinking this is a pretty clear breach of contract, since the driver showed up and then left when I failed to sign a new contract that I had no obligation to sign. Even if the company had 48 hours to pick up, the driver showing up and then leaving without notice seems to be clear intent to breach the contract. Although the company argues that I should've waited around for 48 hours on the off-chance that the driver showed up again, they did not affirmatively schedule another move. So at the very least, I think I have a case for anticipatory repudiation. I'm also not sure the "48 hours" language even holds up since this was clearly not a delay "caused by acts of God." Assuming ambiguities in the contract are interpreted against the drafter, it seems that the company was entitled to a 24 hour pickup window starting at 8 a.m. the first day, unless there were delays such as extreme weather, etc. Any contract lawyers agree or disagree?
Sorry for the long post. Just looking for thoughts, ideas, anyone with similar experiences?
Background/details:
Prior to booking, I asked the sales rep a lot of questions about the nature of the contract and was given a number of reassurances that I later learned were flat-out false. My contract lists a two-day pickup window and the time states "8 am". Anyway, the agent I scheduled with, as well as two additional customer service reps who made "courtesy calls" prior to the pickup date stated that the driver would call me "at least 24 hours in advance of pickup" to schedule the specific time. I told everyone I spoke with that I had taken time off work and scheduled the elevator in my building for the morning of the first day of my pickup window, and was repeatedly reassured that they would have the driver show up during that time. I never received the 24-hour call from the driver, but the morning that I needed the pickup, I started frantically calling the company's customer service line and finally got a response saying that the driver would be there. Driver does show up, a few hours late, and proceeds to do a walk-through of my apartment. Then he tells me his supervisor would call me and "try to close" with me over the phone. Supervisor calls, tells me that the driver thinks I'll need more space than the "binding estimate" listed on my contract even though my inventory is well below the original estimate (I had about a dozen fewer boxes than estimated). They also tell me that I'll be responsible for a number of other charges - packing materials, long carry, etc. - all of which I had specifically asked the sales rep about and been explicitly told that I would not be charged. I tell this to the supervisor and he initially suggests that he would "refund" me those charges, but later just tells me that I need to sign the new contract or they couldn't do the move. After some back and forth, I get off the phone and tell the driver that I need 5 minutes to call my spouse and decide what to do. He agrees and says he'll wait in the truck. Well, the guy then just leaves without even telling me. I call, text, call again...eventually get ahold of him and I ask him to have his supervisor call me back. Nothing.
So I call the customer service line several more times (each time getting either no pickup or getting someone, being put on hold, and never re-connected). Finally I get through to someone who claims to be a manager, who tells me "don't worry, he'll come." I tell him I want a refund because the driver came and left, and I'm not going to wait around all of two days hoping he comes back. The "manager" tells me that my deposit is nonrefundable and that his company didn't breach the contract because they have a 48 hour pickup window. Conversation ended when he literally screamed at me and then hung up. I got a call the following morning from a different driver who vaguely said he could be there "in about an hour" (which would've been impossible even if I'd wanted to because my elevator was fully booked by then). When I told this driver that I was still waiting on an explanation for the driver disappearing the previous day, he told me he'd look into it and got off the phone. Haven't heard a peep since.
My contract states: "Customer understands that Credit Card and ACH deposits are nonrefundable once the reservation has been made. Any cancellation made after the reservation has been made will result in the forfeiture of the all deposit(s) fee(s) paid. The client can postpone or apply the payment to any move service needed in the next calendar year. There is no penalty to postpone your move within 72 hours of the reserved move date. Carrier also reserves reserves the right to pick up within 48 hours of the reserved time frame to allow for delays caused by act of God such as severe weather or other uncontrollable circumstances."
I'm thinking this is a pretty clear breach of contract, since the driver showed up and then left when I failed to sign a new contract that I had no obligation to sign. Even if the company had 48 hours to pick up, the driver showing up and then leaving without notice seems to be clear intent to breach the contract. Although the company argues that I should've waited around for 48 hours on the off-chance that the driver showed up again, they did not affirmatively schedule another move. So at the very least, I think I have a case for anticipatory repudiation. I'm also not sure the "48 hours" language even holds up since this was clearly not a delay "caused by acts of God." Assuming ambiguities in the contract are interpreted against the drafter, it seems that the company was entitled to a 24 hour pickup window starting at 8 a.m. the first day, unless there were delays such as extreme weather, etc. Any contract lawyers agree or disagree?
Sorry for the long post. Just looking for thoughts, ideas, anyone with similar experiences?
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