Moving Company Overcharge Dispute

Summary

Emily LaVigne contracted Alltrust Movers for a move. The initial estimate was around $3000, but the company later demanded $6853 without her consent. The company claims a person present during the move signed a new bill of lading authorizing the new charges. Emily denies giving this person authority to sign on her behalf. She has filed complaints with FMCSA/NCCDB and movingclaims.Net. She has not yet filed a complaint with the Texas Department of Motor Vehicles or the Texas Attorney Generals office.

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Alltrust Movers DOT# * Alltrust was contracted to pick up our items on the week */*/*. A bill of lading was given and signed, and we (husband and myself)signed a moving estimate(~$*). My husband and I have been in Texas since */*/*, and we let the movers know that another person would be present to oversee moving. On */*/*, I was contacted with a time the movers would arrive. The driver called me. I informed the driver that another person would be present to oversee the move, and to call myself or my husband with any discrepancies or changes. I was informed by my friend that the drivers had left that night and would return with a bigger truck. The drivers never let me know they would need a larger truck. They finished loading Monday morning (*/*/*) and left. My friend told me she signed the “papers” that everything was finished and put them on the counter in our old residence. On */*/* I was informed by Alltrust of new charges needing to be paid in the amount of $*. This is double our estimate. When I asked about the increase, I was told the person present signed the new bill of lading that outlined the new charges. This person did not have authority to sign a new bill of lading. Possibly they didn’t realize what they were signing. My husband and myself were not contacted at all by the company or drivers detailing the need for a new truck, we were not contacted by the company of the increase in charges, and my husband and myself were not presented with the new bill of lading prior to them departing the residence with our items. We would not have had them leave the residence with our items if we had known the price changed that much. We were also never given “your rights and responsibilities as a mover”.
Did you or your husband give any written or verbal authorization to the person overseeing the move to sign any documents on your behalf?
No
What was the exact content of the new bill of lading that led to the increase in charges?
Increase in space needed on the truck (we had more items than on the first bill of lading. I was told we would be contacted for an updated item amount and we were not.) Also an added “long move” fee
Did you receive a copy of the new bill of lading that was signed by the person overseeing the move?
No, I did not find out about this until I received a text from the moving company this morning demanding payment
Have you tried to negotiate with the moving company or filed a complaint with the Texas Department of Motor Vehicles (TxDMV)?

In Texas, moving companies must provide a written proposal before loading your items. If the cost increases, they must provide a new written proposal.
I have tried to negotiate with the company and they stated they were not in any violation. The pickup occurred in South Carolina. I have contacted FMCSA/NCCDB
Did you receive a written estimate from Alltrust Movers before they loaded your items? In Texas, it's required by law for moving companies to provide a written estimate.
no
What was the agreed upon method of communication between you and the moving company?
None was agreed upon/mentioned
What was the agreed upon method of payment and when was it supposed to be made?

In Texas, moving companies must provide a written estimate before loading your items. If the cost increases, they must provide a new written proposal.
Agreed upon method of payment was supposed to be cash, personal check, cashiers check, money order, or wire transfer. Was supposed to be done on day of pickup. We were not contacted for payment on the day.
Did you receive any written agreement or contract from Alltrust Movers outlining the terms of service, including the method and timing of payment?
In the first bill of lading, yes
What was the content of the first bill of lading and did it include the agreed upon price and terms of service?
First bill of lading contained an estimate of $*, and initial terms of service (when payments would be made, insurance, pick up acknowledgement, notice of maximum due on delivery)
Did you receive a copy of "Your Rights and Responsibilities When You Move" booklet from the moving company as required by Federal law?
no
What actions have you taken since you found out about the increased charges?
i have filed a complaint with movingclaims.net and with FMCSA/NCCDB. I also tried to resolve with the moving company but they were not willing to work with me
What was the response from FMCSA/NCCDB and movingclaims.net regarding your complaint?

In Texas, moving companies are required to:
- Provide a written estimate before loading items.
- Provide a new written proposal if the cost increases.
- Provide "Your Rights and Responsibilities When You Move" booklet.
that they had received the complaint
What are the next steps suggested by FMCSA/NCCDB and movingclaims.net after acknowledging the receipt of your complaint?
Nothing
What is the current status of your items? Are they still with the moving company or have they been delivered to your new location in Texas?
They are still with the moving company
What is the current status of your communication with the moving company? Have they provided any updates or responses to your complaints?

In Texas, moving companies are required to:
- Provide a written estimate before loading items.
- Provide a new written proposal if the cost increases.
- Provide "Your Rights and Responsibilities When You Move" booklet.
They stated Nothing stated before is fraudulent as dictated by our contract in which I will explain again. If the volume of the cubic feet was to exceed the estimate at the day of pick the customer will be charged the same rate of the per cubic foot as the day of the reservation. ​After a minimum payment of $*,* is collected for the service provided at pick up has been processed an estimated time of arrival ETA will be notifie​d. On the day of delivery the remaining balance of the move will need to be collected before unloading the items into the delivery location. There is still a fee of $*,* that needs to be collected for the services provided at the day of pick up. Once payment has been collected we can coordinate in you having the items picked up.
Have you considered filing a complaint with the Texas Department of Motor Vehicles (TxDMV) or the Texas Attorney General's office?

Texas moving company rules:
- Must provide written estimate before loading
- Must provide new written proposal if cost increases
- Must provide "Your Rights and Responsibilities When You Move" booklet.
Yes
What was the response from the Texas Department of Motor Vehicles (TxDMV) or the Texas Attorney General's office regarding your complaint?
I have not yet submitted
What is the reason for not submitting a complaint to the Texas Department of Motor Vehicles (TxDMV) or the Texas Attorney General's office yet?
i was unaware I should do so
Did you sign a contract with the moving company that outlines the terms of service, including the method and timing of payment?
initially yes
What were the terms outlined in the contract you initially signed with the moving company?
As stated above, payment due on date of pickup with cash/wire transfer/money order and upon delivery in the same method.
Did you receive any written communication from the moving company about the increase in charges before they loaded your items onto the new truck?
no
Did you or your husband give any written or verbal authorization to the person overseeing the move to sign any documents on your behalf?
no
What was the response from the moving company when you disputed the increased charges?
This should have been notified to us with the sales representatitive that you would not be at the pick up location. However there was a need for a signature at the day of pick up before continuing with loading the exceeded amount. We just now sent over the invoice and are waiting for the BOL to be scanned and sent.
Did you receive the invoice and the Bill of Lading (BOL) that the moving company mentioned they sent over?
The invoice yes. The Bill of Lading no.
yes Invoice, no bull of lading
Did the invoice you received detail the new charges and the reasons for these charges?
Yes
yes
yes it included the extra charges
yes the invoice detailed the new extra charges and reasons
Yes
yes it did
No
yes
y
yes
Yes
What is the dispute regarding the bill of lading? In Texas, the Uniform Commercial Code governs transactions including bills of lading.
The estimate provided changed. When the movers arrived, they saw it would be more than expected. Rather than contact myself or my husband, they provided a new bill of lading with the new charges to the person present. The person present signed. My husband and I never saw the new bill of lading, and were not given a chance to decide whether to accept or refuse the new charges.
Did the person who signed the new bill of lading have the authority to do so on your behalf?

In Texas, unauthorized signatures can be disputed.
no
In Texas, unauthorized signatures can be disputed. You may want to consult with a lawyer to discuss your options. The nearest court is the Texas Supreme Court, contact: (*) *-*.