Another broker gets bond canceled

Discussion in 'Freight Broker Forum' started by gekko1323, Jun 20, 2023.

  1. gekko1323

    gekko1323 Road Train Member

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    Hello folks. So today I get a call from my factoring company saying that King Heaven, MC #1368706 has not paid the $3300 they owe. It's been about 40 days, give or take. She also told me that we filed on their bond, and that the bond is due for cancelation on 7/16/23.

    Why would a bond company wait additional time to cancel a bond? So the broker can ring up more deadbeat claims? The only thing I can think of is maybe they are switching bond companies? How should I know?

    Anyway, I wrote King Heaven a short and direct email stating that if they don't pay by the end of business TOMORROW, I will be going after their shipper. Thankfully, the shipper is Amazon. I also informed King Heaven that I was going to let Amazon know that their bond is being canceled.

    The thing that gets my goat is that I saw a couple of loads posted by King Heaven on DAT just two days ago! WTF!

    Now, I'm not gonna sit and wait and get maybe 10% back, so my factoring company gave me the number to a good collection agency out of Olive Branch, MS. I'm going after Amazon.

    Can some of you guys that have experience in this chime in? Am I going about it the right way or is there something else I should do?

    As always, thank you guys.
     
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  3. PPNLE

    PPNLE Road Train Member

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    It looks like King Heaven is tied into the double brokering out there. They've got three freightguards on the topic; two they've responded to, one they haven't. Neither response is especially convincing.

    I can't speak to what the bond company's deal is, but dollars to donuts this load was not tendered to King Heaven by Amazon, so going to Amazon is probably the right play, especially to see if you can see who/what/how the load was tendered to them. Unfortunately, being Amazon, I have to wonder how much more of a pain in the ### that aspect is going to be.

    Anyway, best of luck, @gekko1323 - this one's gonna get to be a pain in the ###.
     
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  4. gekko1323

    gekko1323 Road Train Member

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    Thank you. I was hoping you would chime in.
     
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  5. Avrakotos

    Avrakotos Medium Load Member

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    Amazon tendered the load to a real broker, and then King Heaven got the load, likely thru nefarious means like pretending to be a carrier MC#, and sent it to you. Ive never even heard of King Heaven tbh. I know running with Amazon is incredibly difficult and you have to be on top of your stuff as a broker to do so. I work for a large brokerage with a few trucks and it was difficult even for us to get in with Amazon, so some fly by night hasnt got a chance.

    Good luck with Amazon btw..... we had a trailer that went missing from an Amazon facility in MS. XPO works their yard. I have images of the carrier leaving with our trailer and was able to reach them. They dropped the trailer at an Amazon facility in TN. In tracking the trailer down, Amazon and XPO pointed the finger at each other and neither tried to help. It left a secure Amazon yard monitored by XPO. The carrier never should have been able to leave with the trailer....Amazon basically told us to go F yourself not their problem. Come to find out, Amazon sent it to MN and it was left there for 3 months before anyone called and told us.
     
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  6. Kenworth6969

    Kenworth6969 Road Train Member

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    So Amazon would be working with a new brokerage. :rolleyes:
    What is more likely is that isn't "their shipper" but are double brokering the loads and stealing the money.
     
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  7. gekko1323

    gekko1323 Road Train Member

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    I was wondering...don't shippers have to have bonds also? Would it be better to go after Amazon's bond instead of getting a collection agency after them?

    @PPDCT
    @Avrakotos
     
    Last edited: Jun 21, 2023
  8. JimmyTwoTimes

    JimmyTwoTimes Medium Load Member

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    Amazon has a freight brokerage as well, that both handles 3rd party freight as well as booking their own freight as needed.

    Shipper's don't have a bond, but all of them will definitely reach out to the actual broker they tendered the load too and ask "WTF is this" if you send them a legal demand letter explaining you need payment. As a broker, I can tell you that when I we get that "WTF" letter from a shipper/customer, we end paying the carrier directly to keep the customer happy.
     
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  9. PPNLE

    PPNLE Road Train Member

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    As @JimmyTwoTimes says.

    I've never actually had that happen to me in my years doing this, but I can recall it happening to one of my buddies who no longer works here about three or four years ago. There was a bunch of back and forth on it; the carrier had done something where we were withholding payment. I think it was damaged product or something, that was accepted on clean bills and only brought up like three weeks later, or something similar. If my memory serves correctly, we wound up paying the carrier, put them on a DNU, and we paid the customer half the damage value or something as a good faith effort. It was a pretty #### deal all the way around. He retained the customer, though, and did business with them for a while before leaving the industry altogether.

    Another time which was actually pretty silly, was a carrier who never sent in their documentation to us to get paid. He sent a demand letter to the shipper instead, like six months later. This was a different colleague who was pretty friendly with the paying customer. They had a good laugh about it, and our guy wound up calling the carrier who insisted he did. It was still in his drafts. Apparently dude had like three hundred draft messages.

    But in general, that's certainly a really quick, "Hey uh, can we fix this?" call.
     
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  10. gekko1323

    gekko1323 Road Train Member

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    Thank you, Jimmy. So I am getting a little more clarity, but hopefully you and some of the other guys can add to that. Here is what's going on at the moment. I just spoke to the potential collection agency, Alexander, Winton and Associates, out of Olive Branch, MS. They have stellar reviews on Google, and they were referred to me by my factoring company, Steelhead Finance. I told them that Amazon is at the end of the picket line. They said that they are currently settling claims with Amazon at 50%.

    So now I have a question or two about the factoring company. I have a NON-RECOURSE agreement with them. So why are they trying to pass the buck to me? My factoring rep insinuated yesterday that if agreed by me, they would be taking 30% of my future settlements as a charge-back. So I dug up my original agreement with them and it specifically says, NON-RECOURSE. Now, I'm not a debt-beat. I haven't been late on any payment for anything in over 20 years. I have honor. But this is a big-boy's game with big-boy's rules. Everyone has to adhere by their agreements. If indeed, my factoring company is on the hook, then I will not be the one being dangled. They did their due-diligence and concluded that the broker was solvent enough to advance payment on their behalf. That's part of the game.

    Am I correct on this non-recourse thing? Or am I misinformed?

    So now my stance is this: I would rather get 100% of NOTHING than 50% of something. I'm a stubborn SOB who doesn't mind a fight. Amazon is the richest company in the world. Why the hell would I settle for 50%? Why do people continue to allow bullies have their way? I'm thinking of getting a real lawyer on this. My thinking is that Amazon can be sued for breach of contract as well as non-payment if they truly want to fight. But why would they risk having to pay exemplary, punitive, and court costs when they can just do the right thing and pay the pittance they owe me?

    I'm sorry for the rant. I'm just pissed right now. I'm supposed to be on a small vacation here in Denver with my sis, but instead I have to deal with this BS.

    @Avrakotos
    @PPDCT
    @Ridgeline
    @JimmyTwoTimes
     
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  11. gekko1323

    gekko1323 Road Train Member

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    Thanks for your input. I called the broker at both their numbers, but no answer. That was to be expected. And good luck to anyone who tries to contact Amazon. That is just a Sisyphean endeavor. By design. It is my belief that Amazon makes things as difficult as they can because they are banking on the fact that people will just give up, instead of having to run the endless gauntlet of emails and phone calls.

    I have a question about your first situation. Is it really kosher that a claim can be filed 3 weeks after a product was signed for and received? I mean, once the carrier delivers and things are signed for, doesn't the onus shift to the receiver now?
     
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