Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. However, I would like the United Van Lines to notify or add something on overflow (or along these lines) on their...
website policy, which currently does not indicate anything like this, so that other customers are well aware of expectations/conditions.
Sincerely,
[redacted]
The consumer’s contract is with United Van Lines. He needs to file his complaint with the Greater St. Louis Area Revdex.com and this complaint should be closed.
Initial Business Response /* (1000, 8, 2015/08/28) */
As the Lead Customer Service Specialist, I have been asked to respond on behalf of United Van Lines regarding the customer's complaints.
The [redacted]'s purchased a Plus 2 package for $595 and it included the following services:...
o $25,000 additional valuation protection (If purchased separately, valued at $200)
o Straight Talk Gold Standard Protections (pairs and sets, mechanical malfunction and Acts of God) (If purchased individually valued $340)
o Identity Theft Protection
o Increased destination waiting time (up to 4 hours)
o Additional delay payment ($250/delay day)
o Home Theater Wall Dismount
o Move Out Cleaning Service
Home Theater Wall Dismount Service was performed on 5/21/2015 two TVs (47" and 32") at origin were dismounted from the wall
Move Out Clean Customer's home was 3200 square feet
o Customer was notified on 5/8/2015 that the move out clean was priced for a 2500 square foot home and her home was larger. She had an option to purchase additional time with the maid service or prioritize.
She did not want to purchase additional hours to clean and elected to prioritize clean as Kitchen and Bathrooms.
o On 5/21/2015, when confirming the cleaning appointment, Mrs. [redacted] told us she wanted the techs to call her 20 minutes before they arrive so the daughter can meet them with a key.
o Cleaning crew arrived on 5/22/15 and called us stating the house was a mess and the 2 person crew could not get the home cleaned in 3 hours. The technicians also sated the daughter let them in the home but no one was there to prioritize services only Mrs. teenage son was in the home. We contacted Mrs. [redacted] to ask if she would approve additional cleaning hours. She refused stating the maids should focus on kitchen, bathrooms, foyer, and vacuuming floors as time allows.
o The crew reported completion time and waited for daughter to return. The daughter signed off on the paperwork
o The Realtor called Mrs. on 5/28 and Mrs. contacted the van line agency. Mrs. was asking for the crew to revisit the home. We stated that the paperwork reflects the crew spent 3.5 hours at the home (1/2 hour over allotted labor hours). The signed paperwork was signed as work completed.
The services were performed and the charges are valid. We respectfully decline there request for a refund.
Thank you for allowing me to respond to customer's complaint.
Complaint: 11739923
I am rejecting this response because:A Customer Service Rep from Unigroup contacted me via phone and email today with the address of where my items are currently being stored. I have that address. I proceeded to ask her for the address where my items will be stored as of November 1st. She did not have that information and told me to contact the Operations Department at Unigroup at [redacted]. The woman I spoke to didn't even know what I was talking about but was able to give me the information for where my things are being stored. She gave me a company name and phone number: Suddath Relocation of MD and [redacted]. She said this is the name of the company storing our items in Maryland and they should have that information. I was never even told it was a 3rd party storage group! I immediately called and spoke to [redacted] who was the most helpful person I've spoken to since this ordeal began. He gave me his direct phone number and told me he would email me with his contact information and options. He asked if I had a one way storage container, which I told him I wasn't sure what the container was called. He then proceeded to tell me that those containers are not meant for long term storage and he wouldn't suggest we keep it outdoors as they often leak. I told him that is our concern, We DO NOT want to keep our items outside. He said he believes that United Mayflower will either allow us to store our items with Suddath Relocation but in different containers OR they will move them to another one of their (United Mayflower's) warehouses. He wasn't really sure because United Mayflower hadn't told him what they wanted to do yet. It's 18 days until our things are being moved and they haven't told him?! He then said he would email me no later than Monday after he spoke with United Mayflower. He would also be sending over estimates for storing our things with them. He kept reassuring me that my items would be safe and that we will figure this all out as he could tell we are very concerned for the safety and security of our things. His reassurance was greatly appreciated. It does NOT change that we are even more concerned now because NO ONE seems to have answers. Bruce was able to tell me the address as to where our things will be located starting November 1st. However, we are getting mixed messages. The containers department didn't have the address where it would be stored, Operations didn't seem to have any idea what was happening and then Suddath reassured me it would be ok but gave me different options (that I welcomed!). We also still have NOT received any written notification that our items will be moved to an outdoor location. I also asked if it was possible for us to have another container company (such as PODS) put a container outside of the warehouse to load/unload our items. Erin called us back to let us know she doesn't think that would be a problem and that I should contact someone else at the "local office" named [redacted] and left a number. Sincerely,
[redacted]
Initial Business Response /* (1000, 5, 2015/07/30) */
As the Lead Customer Service Specialist, I have been asked to respond on behalf of Mayflower Transit LLC regarding the customer's request to refund the $786.34 for 1 container.
The customer signed a "Sold as Container" contract to transport...
their shipment in 3 containers to destination. This is a bound agreement that can only be changed prior to loading. The shipment was loaded into 2 containers on May 11, 2015.
The customer contacted our offices on June 30, 2015 to dispute the 3 containers once they had been invoiced.
We investigated their dispute thoroughly and found that we have no record of the customer notifying the agent prior to or on the day of loading to request a revised estimate for only 2 containers
On July 8, 2015 we advised the customer that it is too late to change the terms of their agreement.
We apologize that we failed to meet the customer's expectations. However, we respectfully decline their request for a refund in the amount of $786.34.
Thank you for allowing me to respond to customer's complaint.
Initial Business Response /* (1000, 5, 2015/12/28) */
I have reviewed the concerns and I see where the adjuster has overlooked some of the missing items. We will reopen the claim and establish an advised settlement position.
Initial Consumer Rebuttal /* (3000, 7, 2015/12/30) */
(The consumer...
indicated he/she DID NOT accept the response from the business.)
It has been over 5 months sense this move and with these same issues . I will keep a open mind that they will accept the responsibility for the lost and damaged property. We shall see if they live up to there claims.
Initial Business Response /* (1000, 9, 2016/02/29) */
Contact Name and Title: [redacted]
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@unigroup.com
This customer's Complaint indicates that she believes United Van Lines, LLC ("United") should pay significantly more than the amount...
that was offered for customer's claim relating to reported damaged leather furniture. The customer's specific demands are broken down as follows:
-Compensatory damages, including the cost to repair the furniture, 25% of the value of the furniture, the cost incurred to obtain expert appraisals, and the reported value of customer's time, all equaling $15,742.50.
-Punitive damages in the amount of $47,225.50.
This is United's response to the issues raised by customer in her complaint.
In her complaint, Customer disputes United's settlement position with respect to her reportedly damaged leather furniture. On September 7, 2015, Customer filed a claim with United for reported cargo damage to sixteen (16) items. In response to Customer's claim, United arranged to have the items that Customer reported as damaged inspected by independent third party furniture inspection and repair firm Weathersby Guild Dallas-Fort Worth ("Weathersby").
Based upon the report provided by independent third party Weathersby, United arranged to have two of Customer's reported damaged items repaired by Weathersby, made a cash settlement offer for the three other items that were confirmed to have been damaged during transit, and denied responsibility for the remaining eleven items, including ten pieces of leather furniture, based upon the expert opinion of independent third party Weathersby. Regarding each the ten reported damaged leather furniture items, independent third party Weathersby found as follows: "Customer is claiming the item was damaged while in transit. Leather creased. Inspection showed the leather is temporarily creased. The creases will come out naturally with use and time. Recommend denial of this item."
United also obtained a further opinion regarding the items from an independent third party leather expert, Fibrenew. The technician at Fibrenew inspected the items and indicated to United that "Over time the wrinkles will more than likely disappear." Based upon these two expert opinions by independent third party companies, United maintained its denial of Customer's leather damage on January 26, 2016.
Customer did not agree with the assessment made by Weathersby and Fibrenew that the damage would work itself out over time. She obtained further inspection and repair reports from four additional individuals/repair firms, as well as a cost to repair the items by Fibrenew. A review of the statements made in each report indicates that only one individual expressed any doubt as to whether or not the items could be repaired. All of the remaining individuals/repair firms consulted were confident the item could be repaired. Two of the reports included prices for repairing the items. One report quoted a price of $600 - $800 to repair the items. Another report quoted a price of $40 - $100 per item and $30 for mileage. This means the maximum it would cost to repair the items would be $1,030.
There appears to be a dispute between the numerous independent third party leather and furniture repair experts who inspected these items as to whether or not the reported damage would work itself out over time. United continues to maintain that its original denial was supported by the evidence; however, as a gesture of customer service, United made an additional offer to Customer in the amount of $1,030, representing the maximum cost for repairing the items, on February 11, 2016.
In her complaint, Customer indicates that she paid United for "insurance" for her move, and as a consequence United is obligated to pay significant costs beyond the repair of the furniture. Released rate valuation is not insurance. Valuation is a tariff level contractual limitation of interstate carrier liability as authorized by federal statute that establishes United's maximum liability in the event of loss or damage to the shipment, subject to the terms and conditions set forth in the Bill of Lading and United's tariff incorporated therein by reference.
Page 2 of the Bill of Lading contract that Customer signed, and Item 3 of United's tariff specifically address United's liability for items that are reported to have been lost or damaged during transport. Item 3(e) of United's tariff provides in pertinent part:
(e) Notwithstanding the valuation option selected by customer, the carrier will, at its option, either repair items to the extent necessary to restore to condition when received by carrier; pay the customer for the cost of repairs; or make a cash settlement for the item(s). In addition, carrier may, at its option replace item(s) with item(s) of like kind and quality if customer elects Full Value Protection.
In addition, Item 3 (f) of United's tariff provides:
(f) Carrier's maximum liability shall not exceed the released or declared value of the shipment, or the full cost of repair to the damaged property, whichever is less. Carrier shall have the option of repair or replacement of damaged articles. All items that are replaced or for which current market value has been paid become the property of carrier.
Thus, pursuant to the terms of United's tariff, United is entitled to four options with respect to resolving a claim for reported damaged or lost household goods: (1) repair a damaged item, or (2) pay the shipper the cost of repair, or (3) replace an item that is not repairable with an item of like kind and quality, or (4) pay the shipper the cost to replace a missing or non-repairable item with an item of like kind and quality. In addition, United's liability for a damaged item is limited to the repair cost or the replacement cost of that item, whichever is less. Furthermore, United has the right to determine which option it will exercise in resolving a claim for loss or damage.
In this instance, an independent third party leather expert determined that the reported damage to the leather items was repairable. They estimated that it would cost $1,030 to repair the reported damage to the items. Consequently, pursuant to the tariff item cited above, Customer is not entitled to any compensation beyond the amount to repair the item. Thus, in accordance with the options set forth in United's tariff, United elected to offer Customer the cost of repair for the items as a customer service gesture, despite the fact that more than one independent third party furniture expert determined that the damage would work itself out over time. Therefore, United takes the position that it has offered Customer more than the extent of its full liability for her reported damage. If Customer wishes to accept this offer and receive United's settlement check, she should contact the undersigned at the contact information provided in the last paragraph.
Customer is not entitled to any consequential or punitive damages. Customer's shipment was moved in interstate commerce from New York to Texas. Accordingly, the rights, remedies and obligations between Customer and United are within the sole purview of federal law to the absolute exclusion of any state or common law remedies. Federal statue indicates that the liability of an interstate motor carrier such as United, for loss, damage or delay in loading, transportation or delivery of household goods is governed exclusively by the Carmack Amendment ("Carmack") to the Interstate Commerce Act. Carmack indicates that a carrier's liability for reported cargo loss and/or damage to a shipment is limited to actual loss and/or damage to the items that were shipped. Any consequential damages for costs or lost time associated with the reported damage are not compensable.
Carmack also preempts any and all state or common law remedies for recovery of loss, damage or delay to an interstate shipment. As a matter of law, an interstate carrier's liability for damages arising out of any breach of the Bill of Lading contract cannot exceed the damage limitations stipulated in the Bill of Lading contract and the carrier's applicable tariffs, which are incorporated by reference into the Bill of Lading.
The law which governs Customer's interstate household goods shipment is clear that the amount to which she are entitled to recover on her reported claim for cargo damage cannot exceed the cargo damage which exceed United's liability as set forth in Customer's contract, including any claims for consequential or punitive damages, are explicitly preempted by federal law.
In conclusion, Customer's only recourse against United for the concerns she has raised in her complaint was to file a claim for cargo loss and/or damage. Customer filed her complaint, and United issued a settlement for repair of her reported damaged items. United has made an offer which is in excess of its liability for the reported damage. As such, United considers this matter closed.
The inspection report received for the customer’s sofa states the nature of the damage is dried fabric, brittle, and easily tearible. This type of damage is a result of inherit nature of the item and is not caused by carrier mishandling. Sometimes such damage is the result of the age of...
the item, changes in temperature or humidity, worn parts, normal wear and tear, or a combination of these conditions. The valuation coverage for this shipment does not cover this type of damage, therefore, this claim was initially denied and nothing was paid out for settlement. After reviewing this file with management and upper management $500.00 was offered to this customer as a customer service gesture, not for damage to the sofa. Because the customer was not satisfied with our offer, she has been offered to pursue arbitration 2 times and has not done so. Unigroup sent the customer the following information: If you disagree with the position as outlined, we’d like to let you know that (United) participates in an independent arbitration program sponsored by the American Moving and Storage Association (AMSA) and administered by the National Arbitration Forum, an independent third-party not affiliated with AMSA or United. Please include the following items when requesting arbitration: The name, address, phone number and e-mail address (if you have one) of the person(s) under which the shipment moved Your name, address, phone number and e-mail address (if you have one) if different from above The carrier name (United Van Lines, LLC) The order number for the shipment The pick-up and delivery dates for the move The monetary value of the loss and damage claim Please send the above information to: American Moving and Storage Association (AMSA) ATTN: Dispute Settlement Program [redacted] Phone [redacted] Fax: [redacted] Web address: [redacted] (you can print an arbitration form to help you submit your request) Important points to remember about submitting a claim to arbitration: Arbitration is offered to our customers at no charge. The entire claim must be submitted for arbitration. You may be asked by AMSA to send supporting documentation. Do not send documentation with your initial request. Please be aware that the decision of the arbitrator is binding. At this time, we are maintaining our customer service offer of $500.00 Thank you!
rejecting this response because:
I was assured by [redacted] , (Mayflower Transit Agent #[redacted]) all my household goods would be in Roseburg ,
Oregon between 06/22/16 to 06/29/16. Only then did I sign the contract. One of my reasons for choosing
a national carrier was excellent service and delivery on time. Unfortunately I
have received neither one.
It is not transport industry standard to have packed and
taken goods out of my Virginia residency on June 16 and have me receive them in
Oregon on July 16 !
It is industry standard to notify anticipated delays to the customer.
This was never done.
$100 dollars a day is not enough to house and feed a family
of 4 that includes two small boys for 30 days .
Please see attached document, demonstrating Mayflower
setting up car transport but unwilling to reimburse for rental car.
As a result of a 30 day delay my household items have been
sitting in a ware house in the hot Virginia summer and have sustained damages:
1)
Many plastic items have melted
2)
Shrink rap from sofa has come off, leaving
stains on sofa ( attached pic)
3)
Most clothing have a permanent crease
4)
Multiple food items have got spoilt like coffee
beans, creamers, spices and food flavoring,
5)
One tote bag with content missing
6)
Inside of fridge infested with mold despite
baking soda and moisture absorbent paper within (
attached pic)
7)
Unable to access prescription medication (
carried along 2 week supply)
Sincerely,
[redacted]
01-23-18: (11:35
am) ([redacted]) my wife is not here and I would like for her to hear our
conversation. Can you call me back next Tuesday morning? It is OK with me if
you want to make contact with UniGroup to see why they have not responded. 01-30-18: (11:35
am) ([redacted] and his wife) We appreciate you trying to help us.
Even though we are willing to accept the $750 they are offering instead of the
$2,000 that we were asking for, we are not willing to sign the settlement
unless UniGroup agrees to our language changes in the proposed settlement. Since
they will not agree to our proposed language amendments’, we are walking away
from the entire issue with no settlement.
Initial Business Response /* (1000, 27, 2015/06/30) */
As the Lead Customer Service Specialist, I have been asked to respond on behalf of United Van Lines regarding the customer's comments and request that we refund his transportation costs.
We apologize for the frustration that the customer...
experienced regarding the communication of the transport of his shipment to Texas.
The customer signed an estimate on May 6, 2015 agreeing to the delivery spread of June 22, 2015 to June 29, 2015.
The shipment was scheduled to be delivered on July 1, 2015 and unfortunately the customer had requested a Saturday delivery. However, due to the high volume of shipments transporting during Peak Season (May 11 through September 13) and the shortage of drivers and equipment industry wide, the next available Saturday was July 11, 2015.
We used every available avenue to get the customer's shipment to them within a timely manner and we were able to arrange for a crew to work overtime (at no cost to the customer). The shipment was delivered on Saturday June 27, 2015, which was within the delivery spread.
We apologize for the frustration the customer experienced, however we respectfully deny his request for compensation or a reduction of his transportation charges.
Thank you for allowing me to respond to customer's complaint.
This file has not been settled yet. The adjuster is [redacted] at the agency. She is currently working on this file and an inspection has been set. Once the inspection report comes back, that will be reviewed, and a settlement offer will be made. Thanks!
Hello all – We reviewed the customer’s rebuttal in addition to the Revdex.com complaint and agreed to an additional $750.00. Customer has agreed to this amount (see email attached). This file has been paid and closed. See the below email between customer and adjuster. From: [redacted]...
[redacted] [mailto:rs[redacted]@gmail.com] Sent: Sunday, August 27, 2017 10:10 PM To: [redacted] <[redacted]@unigroup.com> Subject: Re: [redacted] settlement [redacted] Good evening Ms. [redacted]: Thank you for the quick response; nothing further to add at this time. Best, [redacted] On Thu, Aug 24, 2017 at 3:38 PM, [redacted] <[redacted]@unigroup.com> wrote: Dear Mr. and Mrs. [redacted], I have attached a copy of our rebuttal settlement. The settlement check should be placed in the mail tomorrow. [redacted] Claim Specialist Unigroup [redacted] Fenton, MO 63026 001-[redacted] Direct Dial 001-[redacted] Fax [redacted]@unigroupinc.com From: [redacted] [mailto:rs[redacted]@gmail.com] Sent: Wednesday, August 23, 2017 10:18 PM To: [redacted] <[redacted]@unigroup.com> Cc: [redacted] <[redacted]@gmail.com> Subject: Re: [redacted] settlement [redacted] Good evening Ms. [redacted], I received the $200 settlement check in the mail and am a bit unsettled that my last note (below) went unanswered. As a courtesy I'm informing you that I've filed a complaint with the Revdex.com (ID [redacted]); my requested resolution remains the same: reimbursement of $2,500 to replace the dresser and couch your movers damaged. Thank you, [redacted] On Mon, Jul 17, 2017 at 9:20 PM, [redacted] <rs[redacted]@gmail.com> wrote: Good evening Ms. [redacted], Thank you for the follow up. Respectfully, your settlement offer is $2,500 shy of the mark. I personally witnessed the movers damage the couch (and the entire doorframe) at [redacted], which I'm assuming is noted for our purposes here as "origin." In regard to the dresser, the damage was clearly done as a result of the taping done by movers at origin; I noted the damage on the bingo card when it was delivered to our new home in TX. The damage to each of these items was corroborated by the movers on each end of the delivery. These are two quality furniture items which were secured, packed, moved (and damaged) by United/Mayflower--and per our contractual agreement I must insist that you compensate me for the full value of those items. I look forward to hearing from you with a revised settlement offer soonest. Regards, [redacted] On Mon, Jul 17, 2017 at 11:20 AM, [redacted] <[redacted]@unigroup.com> wrote: Dear Mr. [redacted], I am the adjuster that has been reassigned to settle your claim. I have attached a copy of our settlement. If you have any questions or concerns with your settlement, I will need you to respond to my email as I’m required to have it in writing. [redacted] Claim Specialist
The customer filed their claim with Mayflower on 8/29 and the claim has been assigned to an adjuster. The adjuster has reached out to the customer and provided contact information and also to advise that a repair firm will be contacting them to set up an inspection appointment. Thank you, ...
After reviewing this file, I am maintaining the denial on this file. Damage claimed for the dryer, sofa, and grandfather clock were all pre-existing. At this time, I am not making additional payment.
Good Afternoon- We would like to work with you to address your concerns. However, we can not begin the claims process until a claim has been filed. Please let me know once you have filed your claim and we will assign your claim to a team of adjusters who will then explain the claims process. Thank you, [redacted] Claims Manager UniGroup
Initial Business Response /* (1000, 6, 2015/09/22) */
I have reviewed the complaint filed by [redacted] and [redacted].
Since the [redacted] shipment was transported across interstate-lines in interstate commerce pursuant to an interstate Bill of Lading and United's published operating...
tariffs incorporated therein, this entire transaction is governed exclusively by applicable federal law. Notwithstanding exclusive federal jurisdiction over the transaction in question, it is United's policy to cooperate fully with any inquiries made by state regulatory or consumer protection agencies. Accordingly, I have provided a summary of the handling of this file for your consideration.
The [redacted]'s claim is being handled by United agent, [redacted] Inc. The [redacted]'s concern is that they have not received a response from [redacted] regarding the status of repair to their items. United Home Office reached out to [redacted] regarding the situation. United Home Office was advised that the [redacted]'s have received very consistent and timely updates regarding the status of their claim. All in-home repairs have been completed and they ([redacted] are waiting for confirmation of completion for shop repairs. Once they have that information, they will proceed on the cash out items.
It appears to United Home Office that [redacted] is following all policies and procedures and that the claim is being handled proactively.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. However, I would like the United Van Lines to notify or add something on overflow (or along these lines) on their...
website policy, which currently does not indicate anything like this, so that other customers are well aware of expectations/conditions.
Sincerely,
[redacted]
Hello Shipper has already been paid $54.00 to settle the file. File has been closed and shipper has been contacted. Thank you! [redacted]
Please see our response for Revdex.com Complaint ID#[redacted]. [redacted]
The consumer’s contract is with United Van Lines. He needs to file his complaint with the Greater St. Louis Area Revdex.com and this complaint should be closed.
Initial Business Response /* (1000, 8, 2015/08/28) */
As the Lead Customer Service Specialist, I have been asked to respond on behalf of United Van Lines regarding the customer's complaints.
The [redacted]'s purchased a Plus 2 package for $595 and it included the following services:...
o $25,000 additional valuation protection (If purchased separately, valued at $200)
o Straight Talk Gold Standard Protections (pairs and sets, mechanical malfunction and Acts of God) (If purchased individually valued $340)
o Identity Theft Protection
o Increased destination waiting time (up to 4 hours)
o Additional delay payment ($250/delay day)
o Home Theater Wall Dismount
o Move Out Cleaning Service
Home Theater Wall Dismount Service was performed on 5/21/2015 two TVs (47" and 32") at origin were dismounted from the wall
Move Out Clean Customer's home was 3200 square feet
o Customer was notified on 5/8/2015 that the move out clean was priced for a 2500 square foot home and her home was larger. She had an option to purchase additional time with the maid service or prioritize.
She did not want to purchase additional hours to clean and elected to prioritize clean as Kitchen and Bathrooms.
o On 5/21/2015, when confirming the cleaning appointment, Mrs. [redacted] told us she wanted the techs to call her 20 minutes before they arrive so the daughter can meet them with a key.
o Cleaning crew arrived on 5/22/15 and called us stating the house was a mess and the 2 person crew could not get the home cleaned in 3 hours. The technicians also sated the daughter let them in the home but no one was there to prioritize services only Mrs. teenage son was in the home. We contacted Mrs. [redacted] to ask if she would approve additional cleaning hours. She refused stating the maids should focus on kitchen, bathrooms, foyer, and vacuuming floors as time allows.
o The crew reported completion time and waited for daughter to return. The daughter signed off on the paperwork
o The Realtor called Mrs. on 5/28 and Mrs. contacted the van line agency. Mrs. was asking for the crew to revisit the home. We stated that the paperwork reflects the crew spent 3.5 hours at the home (1/2 hour over allotted labor hours). The signed paperwork was signed as work completed.
The services were performed and the charges are valid. We respectfully decline there request for a refund.
Thank you for allowing me to respond to customer's complaint.
Complaint: 11739923
I am rejecting this response because:A Customer Service Rep from Unigroup contacted me via phone and email today with the address of where my items are currently being stored. I have that address. I proceeded to ask her for the address where my items will be stored as of November 1st. She did not have that information and told me to contact the Operations Department at Unigroup at [redacted]. The woman I spoke to didn't even know what I was talking about but was able to give me the information for where my things are being stored. She gave me a company name and phone number: Suddath Relocation of MD and [redacted]. She said this is the name of the company storing our items in Maryland and they should have that information. I was never even told it was a 3rd party storage group! I immediately called and spoke to [redacted] who was the most helpful person I've spoken to since this ordeal began. He gave me his direct phone number and told me he would email me with his contact information and options. He asked if I had a one way storage container, which I told him I wasn't sure what the container was called. He then proceeded to tell me that those containers are not meant for long term storage and he wouldn't suggest we keep it outdoors as they often leak. I told him that is our concern, We DO NOT want to keep our items outside. He said he believes that United Mayflower will either allow us to store our items with Suddath Relocation but in different containers OR they will move them to another one of their (United Mayflower's) warehouses. He wasn't really sure because United Mayflower hadn't told him what they wanted to do yet. It's 18 days until our things are being moved and they haven't told him?! He then said he would email me no later than Monday after he spoke with United Mayflower. He would also be sending over estimates for storing our things with them. He kept reassuring me that my items would be safe and that we will figure this all out as he could tell we are very concerned for the safety and security of our things. His reassurance was greatly appreciated. It does NOT change that we are even more concerned now because NO ONE seems to have answers. Bruce was able to tell me the address as to where our things will be located starting November 1st. However, we are getting mixed messages. The containers department didn't have the address where it would be stored, Operations didn't seem to have any idea what was happening and then Suddath reassured me it would be ok but gave me different options (that I welcomed!). We also still have NOT received any written notification that our items will be moved to an outdoor location. I also asked if it was possible for us to have another container company (such as PODS) put a container outside of the warehouse to load/unload our items. Erin called us back to let us know she doesn't think that would be a problem and that I should contact someone else at the "local office" named [redacted] and left a number. Sincerely,
[redacted]
A full and final settlement was mailed to the customer on 3/1 and the UPS tracking number for the check was [redacted].
Initial Business Response /* (1000, 5, 2015/07/30) */
As the Lead Customer Service Specialist, I have been asked to respond on behalf of Mayflower Transit LLC regarding the customer's request to refund the $786.34 for 1 container.
The customer signed a "Sold as Container" contract to transport...
their shipment in 3 containers to destination. This is a bound agreement that can only be changed prior to loading. The shipment was loaded into 2 containers on May 11, 2015.
The customer contacted our offices on June 30, 2015 to dispute the 3 containers once they had been invoiced.
We investigated their dispute thoroughly and found that we have no record of the customer notifying the agent prior to or on the day of loading to request a revised estimate for only 2 containers
On July 8, 2015 we advised the customer that it is too late to change the terms of their agreement.
We apologize that we failed to meet the customer's expectations. However, we respectfully decline their request for a refund in the amount of $786.34.
Thank you for allowing me to respond to customer's complaint.
Initial Business Response /* (1000, 5, 2015/12/28) */
I have reviewed the concerns and I see where the adjuster has overlooked some of the missing items. We will reopen the claim and establish an advised settlement position.
Initial Consumer Rebuttal /* (3000, 7, 2015/12/30) */
(The consumer...
indicated he/she DID NOT accept the response from the business.)
It has been over 5 months sense this move and with these same issues . I will keep a open mind that they will accept the responsibility for the lost and damaged property. We shall see if they live up to there claims.
Initial Business Response /* (1000, 9, 2016/02/29) */
Contact Name and Title: [redacted]
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@unigroup.com
This customer's Complaint indicates that she believes United Van Lines, LLC ("United") should pay significantly more than the amount...
that was offered for customer's claim relating to reported damaged leather furniture. The customer's specific demands are broken down as follows:
-Compensatory damages, including the cost to repair the furniture, 25% of the value of the furniture, the cost incurred to obtain expert appraisals, and the reported value of customer's time, all equaling $15,742.50.
-Punitive damages in the amount of $47,225.50.
This is United's response to the issues raised by customer in her complaint.
In her complaint, Customer disputes United's settlement position with respect to her reportedly damaged leather furniture. On September 7, 2015, Customer filed a claim with United for reported cargo damage to sixteen (16) items. In response to Customer's claim, United arranged to have the items that Customer reported as damaged inspected by independent third party furniture inspection and repair firm Weathersby Guild Dallas-Fort Worth ("Weathersby").
Based upon the report provided by independent third party Weathersby, United arranged to have two of Customer's reported damaged items repaired by Weathersby, made a cash settlement offer for the three other items that were confirmed to have been damaged during transit, and denied responsibility for the remaining eleven items, including ten pieces of leather furniture, based upon the expert opinion of independent third party Weathersby. Regarding each the ten reported damaged leather furniture items, independent third party Weathersby found as follows: "Customer is claiming the item was damaged while in transit. Leather creased. Inspection showed the leather is temporarily creased. The creases will come out naturally with use and time. Recommend denial of this item."
United also obtained a further opinion regarding the items from an independent third party leather expert, Fibrenew. The technician at Fibrenew inspected the items and indicated to United that "Over time the wrinkles will more than likely disappear." Based upon these two expert opinions by independent third party companies, United maintained its denial of Customer's leather damage on January 26, 2016.
Customer did not agree with the assessment made by Weathersby and Fibrenew that the damage would work itself out over time. She obtained further inspection and repair reports from four additional individuals/repair firms, as well as a cost to repair the items by Fibrenew. A review of the statements made in each report indicates that only one individual expressed any doubt as to whether or not the items could be repaired. All of the remaining individuals/repair firms consulted were confident the item could be repaired. Two of the reports included prices for repairing the items. One report quoted a price of $600 - $800 to repair the items. Another report quoted a price of $40 - $100 per item and $30 for mileage. This means the maximum it would cost to repair the items would be $1,030.
There appears to be a dispute between the numerous independent third party leather and furniture repair experts who inspected these items as to whether or not the reported damage would work itself out over time. United continues to maintain that its original denial was supported by the evidence; however, as a gesture of customer service, United made an additional offer to Customer in the amount of $1,030, representing the maximum cost for repairing the items, on February 11, 2016.
In her complaint, Customer indicates that she paid United for "insurance" for her move, and as a consequence United is obligated to pay significant costs beyond the repair of the furniture. Released rate valuation is not insurance. Valuation is a tariff level contractual limitation of interstate carrier liability as authorized by federal statute that establishes United's maximum liability in the event of loss or damage to the shipment, subject to the terms and conditions set forth in the Bill of Lading and United's tariff incorporated therein by reference.
Page 2 of the Bill of Lading contract that Customer signed, and Item 3 of United's tariff specifically address United's liability for items that are reported to have been lost or damaged during transport. Item 3(e) of United's tariff provides in pertinent part:
(e) Notwithstanding the valuation option selected by customer, the carrier will, at its option, either repair items to the extent necessary to restore to condition when received by carrier; pay the customer for the cost of repairs; or make a cash settlement for the item(s). In addition, carrier may, at its option replace item(s) with item(s) of like kind and quality if customer elects Full Value Protection.
In addition, Item 3 (f) of United's tariff provides:
(f) Carrier's maximum liability shall not exceed the released or declared value of the shipment, or the full cost of repair to the damaged property, whichever is less. Carrier shall have the option of repair or replacement of damaged articles. All items that are replaced or for which current market value has been paid become the property of carrier.
Thus, pursuant to the terms of United's tariff, United is entitled to four options with respect to resolving a claim for reported damaged or lost household goods: (1) repair a damaged item, or (2) pay the shipper the cost of repair, or (3) replace an item that is not repairable with an item of like kind and quality, or (4) pay the shipper the cost to replace a missing or non-repairable item with an item of like kind and quality. In addition, United's liability for a damaged item is limited to the repair cost or the replacement cost of that item, whichever is less. Furthermore, United has the right to determine which option it will exercise in resolving a claim for loss or damage.
In this instance, an independent third party leather expert determined that the reported damage to the leather items was repairable. They estimated that it would cost $1,030 to repair the reported damage to the items. Consequently, pursuant to the tariff item cited above, Customer is not entitled to any compensation beyond the amount to repair the item. Thus, in accordance with the options set forth in United's tariff, United elected to offer Customer the cost of repair for the items as a customer service gesture, despite the fact that more than one independent third party furniture expert determined that the damage would work itself out over time. Therefore, United takes the position that it has offered Customer more than the extent of its full liability for her reported damage. If Customer wishes to accept this offer and receive United's settlement check, she should contact the undersigned at the contact information provided in the last paragraph.
Customer is not entitled to any consequential or punitive damages. Customer's shipment was moved in interstate commerce from New York to Texas. Accordingly, the rights, remedies and obligations between Customer and United are within the sole purview of federal law to the absolute exclusion of any state or common law remedies. Federal statue indicates that the liability of an interstate motor carrier such as United, for loss, damage or delay in loading, transportation or delivery of household goods is governed exclusively by the Carmack Amendment ("Carmack") to the Interstate Commerce Act. Carmack indicates that a carrier's liability for reported cargo loss and/or damage to a shipment is limited to actual loss and/or damage to the items that were shipped. Any consequential damages for costs or lost time associated with the reported damage are not compensable.
Carmack also preempts any and all state or common law remedies for recovery of loss, damage or delay to an interstate shipment. As a matter of law, an interstate carrier's liability for damages arising out of any breach of the Bill of Lading contract cannot exceed the damage limitations stipulated in the Bill of Lading contract and the carrier's applicable tariffs, which are incorporated by reference into the Bill of Lading.
The law which governs Customer's interstate household goods shipment is clear that the amount to which she are entitled to recover on her reported claim for cargo damage cannot exceed the cargo damage which exceed United's liability as set forth in Customer's contract, including any claims for consequential or punitive damages, are explicitly preempted by federal law.
In conclusion, Customer's only recourse against United for the concerns she has raised in her complaint was to file a claim for cargo loss and/or damage. Customer filed her complaint, and United issued a settlement for repair of her reported damaged items. United has made an offer which is in excess of its liability for the reported damage. As such, United considers this matter closed.
The inspection report received for the customer’s sofa states the nature of the damage is dried fabric, brittle, and easily tearible. This type of damage is a result of inherit nature of the item and is not caused by carrier mishandling. Sometimes such damage is the result of the age of...
the item, changes in temperature or humidity, worn parts, normal wear and tear, or a combination of these conditions. The valuation coverage for this shipment does not cover this type of damage, therefore, this claim was initially denied and nothing was paid out for settlement. After reviewing this file with management and upper management $500.00 was offered to this customer as a customer service gesture, not for damage to the sofa. Because the customer was not satisfied with our offer, she has been offered to pursue arbitration 2 times and has not done so. Unigroup sent the customer the following information: If you disagree with the position as outlined, we’d like to let you know that (United) participates in an independent arbitration program sponsored by the American Moving and Storage Association (AMSA) and administered by the National Arbitration Forum, an independent third-party not affiliated with AMSA or United. Please include the following items when requesting arbitration: The name, address, phone number and e-mail address (if you have one) of the person(s) under which the shipment moved Your name, address, phone number and e-mail address (if you have one) if different from above The carrier name (United Van Lines, LLC) The order number for the shipment The pick-up and delivery dates for the move The monetary value of the loss and damage claim Please send the above information to: American Moving and Storage Association (AMSA) ATTN: Dispute Settlement Program [redacted] Phone [redacted] Fax: [redacted] Web address: [redacted] (you can print an arbitration form to help you submit your request) Important points to remember about submitting a claim to arbitration: Arbitration is offered to our customers at no charge. The entire claim must be submitted for arbitration. You may be asked by AMSA to send supporting documentation. Do not send documentation with your initial request. Please be aware that the decision of the arbitrator is binding. At this time, we are maintaining our customer service offer of $500.00 Thank you!
[redacted]Complaint: [redacted]
I am...
rejecting this response because:
I was assured by [redacted] , (Mayflower Transit Agent #[redacted]) all my household goods would be in Roseburg ,
Oregon between 06/22/16 to 06/29/16. Only then did I sign the contract. One of my reasons for choosing
a national carrier was excellent service and delivery on time. Unfortunately I
have received neither one.
It is not transport industry standard to have packed and
taken goods out of my Virginia residency on June 16 and have me receive them in
Oregon on July 16 !
It is industry standard to notify anticipated delays to the customer.
This was never done.
$100 dollars a day is not enough to house and feed a family
of 4 that includes two small boys for 30 days .
Please see attached document, demonstrating Mayflower
setting up car transport but unwilling to reimburse for rental car.
As a result of a 30 day delay my household items have been
sitting in a ware house in the hot Virginia summer and have sustained damages:
1)
Many plastic items have melted
2)
Shrink rap from sofa has come off, leaving
stains on sofa ( attached pic)
3)
Most clothing have a permanent crease
4)
Multiple food items have got spoilt like coffee
beans, creamers, spices and food flavoring,
5)
One tote bag with content missing
6)
Inside of fridge infested with mold despite
baking soda and moisture absorbent paper within (
attached pic)
7)
Unable to access prescription medication (
carried along 2 week supply)
Sincerely,
[redacted]
01-23-18: (11:35
am) ([redacted]) my wife is not here and I would like for her to hear our
conversation. Can you call me back next Tuesday morning? It is OK with me if
you want to make contact with UniGroup to see why they have not responded. 01-30-18: (11:35
am) ([redacted] and his wife) We appreciate you trying to help us.
Even though we are willing to accept the $750 they are offering instead of the
$2,000 that we were asking for, we are not willing to sign the settlement
unless UniGroup agrees to our language changes in the proposed settlement. Since
they will not agree to our proposed language amendments’, we are walking away
from the entire issue with no settlement.
Initial Business Response /* (1000, 27, 2015/06/30) */
As the Lead Customer Service Specialist, I have been asked to respond on behalf of United Van Lines regarding the customer's comments and request that we refund his transportation costs.
We apologize for the frustration that the customer...
experienced regarding the communication of the transport of his shipment to Texas.
The customer signed an estimate on May 6, 2015 agreeing to the delivery spread of June 22, 2015 to June 29, 2015.
The shipment was scheduled to be delivered on July 1, 2015 and unfortunately the customer had requested a Saturday delivery. However, due to the high volume of shipments transporting during Peak Season (May 11 through September 13) and the shortage of drivers and equipment industry wide, the next available Saturday was July 11, 2015.
We used every available avenue to get the customer's shipment to them within a timely manner and we were able to arrange for a crew to work overtime (at no cost to the customer). The shipment was delivered on Saturday June 27, 2015, which was within the delivery spread.
We apologize for the frustration the customer experienced, however we respectfully deny his request for compensation or a reduction of his transportation charges.
Thank you for allowing me to respond to customer's complaint.
This file has not been settled yet. The adjuster is [redacted] at the agency. She is currently working on this file and an inspection has been set. Once the inspection report comes back, that will be reviewed, and a settlement offer will be made. Thanks!
Hello all – We reviewed the customer’s rebuttal in addition to the Revdex.com complaint and agreed to an additional $750.00. Customer has agreed to this amount (see email attached). This file has been paid and closed. See the below email between customer and adjuster. From: [redacted]...
[redacted] [mailto:rs[redacted]@gmail.com] Sent: Sunday, August 27, 2017 10:10 PM To: [redacted] <[redacted]@unigroup.com> Subject: Re: [redacted] settlement [redacted] Good evening Ms. [redacted]: Thank you for the quick response; nothing further to add at this time. Best, [redacted] On Thu, Aug 24, 2017 at 3:38 PM, [redacted] <[redacted]@unigroup.com> wrote: Dear Mr. and Mrs. [redacted], I have attached a copy of our rebuttal settlement. The settlement check should be placed in the mail tomorrow. [redacted] Claim Specialist Unigroup [redacted] Fenton, MO 63026 001-[redacted] Direct Dial 001-[redacted] Fax [redacted]@unigroupinc.com From: [redacted] [mailto:rs[redacted]@gmail.com] Sent: Wednesday, August 23, 2017 10:18 PM To: [redacted] <[redacted]@unigroup.com> Cc: [redacted] <[redacted]@gmail.com> Subject: Re: [redacted] settlement [redacted] Good evening Ms. [redacted], I received the $200 settlement check in the mail and am a bit unsettled that my last note (below) went unanswered. As a courtesy I'm informing you that I've filed a complaint with the Revdex.com (ID [redacted]); my requested resolution remains the same: reimbursement of $2,500 to replace the dresser and couch your movers damaged. Thank you, [redacted] On Mon, Jul 17, 2017 at 9:20 PM, [redacted] <rs[redacted]@gmail.com> wrote: Good evening Ms. [redacted], Thank you for the follow up. Respectfully, your settlement offer is $2,500 shy of the mark. I personally witnessed the movers damage the couch (and the entire doorframe) at [redacted], which I'm assuming is noted for our purposes here as "origin." In regard to the dresser, the damage was clearly done as a result of the taping done by movers at origin; I noted the damage on the bingo card when it was delivered to our new home in TX. The damage to each of these items was corroborated by the movers on each end of the delivery. These are two quality furniture items which were secured, packed, moved (and damaged) by United/Mayflower--and per our contractual agreement I must insist that you compensate me for the full value of those items. I look forward to hearing from you with a revised settlement offer soonest. Regards, [redacted] On Mon, Jul 17, 2017 at 11:20 AM, [redacted] <[redacted]@unigroup.com> wrote: Dear Mr. [redacted], I am the adjuster that has been reassigned to settle your claim. I have attached a copy of our settlement. If you have any questions or concerns with your settlement, I will need you to respond to my email as I’m required to have it in writing. [redacted] Claim Specialist
The customer filed their claim with Mayflower on 8/29 and the claim has been assigned to an adjuster. The adjuster has reached out to the customer and provided contact information and also to advise that a repair firm will be contacting them to set up an inspection appointment. Thank you, ...
[redacted] Claims Manager
After reviewing this file, I am maintaining the denial on this file. Damage claimed for the dryer, sofa, and grandfather clock were all pre-existing. At this time, I am not making additional payment.
Good Afternoon- We would like to work with you to address your concerns. However, we can not begin the claims process until a claim has been filed. Please let me know once you have filed your claim and we will assign your claim to a team of adjusters who will then explain the claims process. Thank you, [redacted] Claims Manager UniGroup
Initial Business Response /* (1000, 6, 2015/09/22) */
I have reviewed the complaint filed by [redacted] and [redacted].
Since the [redacted] shipment was transported across interstate-lines in interstate commerce pursuant to an interstate Bill of Lading and United's published operating...
tariffs incorporated therein, this entire transaction is governed exclusively by applicable federal law. Notwithstanding exclusive federal jurisdiction over the transaction in question, it is United's policy to cooperate fully with any inquiries made by state regulatory or consumer protection agencies. Accordingly, I have provided a summary of the handling of this file for your consideration.
The [redacted]'s claim is being handled by United agent, [redacted] Inc. The [redacted]'s concern is that they have not received a response from [redacted] regarding the status of repair to their items. United Home Office reached out to [redacted] regarding the situation. United Home Office was advised that the [redacted]'s have received very consistent and timely updates regarding the status of their claim. All in-home repairs have been completed and they ([redacted] are waiting for confirmation of completion for shop repairs. Once they have that information, they will proceed on the cash out items.
It appears to United Home Office that [redacted] is following all policies and procedures and that the claim is being handled proactively.