RATE MISQUOTE

[Fkatz]

HI ALL

HOW MANY OF YOUR HAVE BEEN OFFERED A LOAD AT ONE RATE ONLY TO FIND OUT THAT IT WAS SWITCHED TO A LOWER RATE WITHOUT YOU KNOWING IT.

YOU DO NOT FIND OUT UNTIL YOU RECEIVE YOUR SETTLEMENT PAPERS FOR THAT WEEK THAT YOU DID THE LOAD.

I personally think that this is wrong, and I think that all the owner and drivers would agree on this subject.

Once a load is quoted and accepted at the original rate, then the owner/driver should receive that rate unless otherwise notified that it has changed prior to picking up that load. IF he/she knows of the change in rate, then he/she could refuse or if he/she wanted to stay and accept the change in rate and deliver the load, that would be his/hers choice.
And if it was misquoted and the driver was not notified of that change then it should be the dispatcher who would have to absorb the difference. Not the Owner/Driver.

WHAT DO YOU THINK AND IS THERE ANYTHING THAT CAN BE DONE ABOUT IT, IT NOT ONLY GOES FOR US. THIS IS A PROBLEM IN ALL THE INDUSTRY, EXCEPT IF YOU ARE A COMPANY DRIVER. AND ON MILEAGE PAY.

fRANK

 

[Christyrose]

Hi Frank, It happens alot in our industry and its a shame. You make sure you pick up on time and deliveried on time. You receive your pay, hopefully a week later and its not what they told it be per mile. The word quoted and words paid per mile (price given) are really two very important as to legal means. Quote implies possible change or acceptance. Paid per mile is actually to be received.

This is what I have done in the past and just recently. As soon as I received the load info, I have the name of the dispatcher, and the amount of paid miles and price given per mile given to me written down with all load information. This is now a legal contract between you and the company dispatcher. It has referenced time, date and a reference number to the sales. You now have away to go back to the company and demand the rate that was given to you. You have legal proof this is what was agreed upon between two parties. You now have the option of going to that dispatcher or the owner of the company and requesting the balance or difference. Since you have a reference number and quote, its considered a legal document in court as well if the difference is large enough to consider the action.

It looks like its a common practice even though many will call it an error, and pay up as soon as as the error is found.}>

You would think if this happened so much at/with one dispatcher, the company would be checking this out to find out why there is such a discrpency with paid per mile with the driver.

 

[Fkatz]

It seem that this happens more then we would like it to, especially on the Big 3, we do get the dispatchers name, and put the Bill of lading on the Pick-up slip. I inturn fax a copy attached to the payroll problem which is explained.

Most of the loads the difference ranges between,like if the rate quoted is $1.57 per/ and it paid $1.45 per.mile. the difference is approx. anywhere from 5 cents to 35 cent difference. I know it adds up but were still shorted. because if we knew that if the load did not pay at least $1.00 per mile to the truck, the driver might refuse it and they have to get someone to deliver it. this under a Buck freight stinks (period) and I know that the companies are not going to raise there rates.
According to TRANSPORT TOPICS PAPER, UPS, FEDEX GROUND ARE GOING TO RAISE THERE RATES AFTER THE 1ST OF THE YEAR. APPROX 5-10%

THE BIG QUESTION WILL ALL OF THE COMPANIES (TRI-STATE, CTX, FEDEX CC. PANTHER II, THOMPSON, LANDSTAR, EXPRESS 1, ALL-STATES, AND ETC. WILL THEY ALSO DO THE SAME. AND MAYBE RAISE OUT PERCENTAGE RATE AT THE SAME TIME, THE ONLY PEOPLE MAKING ANY $$ (WHICH I DOUBT)

I wish there was a way to download all the info from the satellite onto your own laptop, but no one has been able to do it (something with the security issue.) find a patch to do it with. I know there is a way to do it on the Qual-Comm, on the box there is a number of adapter plugs, but I am not sure which one, or which patch cable to use, CTX does not use Qual-comm, they have a different system.

 

[teacel]

HI FRANK,

You are right about the rate CHEATING! A very common issue in servicework billing. In most cases this is done purposely to get a driver to cover the load, when a Salesman gave his customer a discount, and/or didn't breif dispatch. It is also done when the company gets more for a trip because of special circumstances, and the dispatcher wasn't aware of the Salesman's agreement. About 2% of monies due to an IC are taken right off the top, JUST BECAUSE!!!!!!!!
Ever notice how fast a company will pay an IC when he/she catches a lowball trip on the bill? Another 2% is taken off the top and the company will call it administrative fees. There is a number of underhanded issues going on behind the scenes, that the drivers know nothing about. NOW!! I'm not saying that all companies are doing underhanded things, BUT WHO'S TO KNOW???????????

The info that is typed into the Qual-Comm is a permanent record. That info can't be deleted by anyone for 3yrs. All the info to all the Qual-Comms is saved on microfilm by a company bonded and paid by the government.

I believe that you can request a copy of that info. For a small fee, they will give it to you, or a Lawyer can get it with a court order.

 

[RichM]

Frank I gather you run for CTX.I have been with Fedex CC (Roberts) for 15.2 years and I have never had the quoted rate of pay reduced.I have had it increased due to Haz/mat rerouting or Detention charges or Lift/gate work,inside delivery etc but never had the basic rate decreased. When I take a run offer over the phone I make sure I make a record of the pay and them immeadiately get the pay info and miles on the Qual Com. Once you have that there is no legal way that a company can cut your pay.They can ask you and admit to a mistake but you don!t have to go along with it.Legally I don!t even think a company could remove you from a trip.
Now in the real world you might get what was promised but if you didn!t cooperate you might not see another offer for some time. I really do not believe that a company could legally reduce your compensation after the trip was completed.If they did that you should look somewhere else..

 

[Christyrose]

For some reason, once you are paid it still is not an acceptance of the fee once you have it in writting. Then you have informed them of the error. It should be corrected on the next check or if its a large difference a check should be cut immediately. If this is done continously, I would really start to question their business practices. On your short time off, you could to go the Labor Dept, in you main city, and file a report of misuse of Federal Labor and Wage law.

I also have read somewhere, in one of the trucker mags, that it is illegal for any company to charge for adminstation fees. Prime Inc, was taken to court on this and lost. Landstar is in the middle of a lawsuit for something simlar. In that same article it was written about a federal law of all accounts payable to be paid in 15 days of a cross country drive. If its not paid, you may invoke, Federal Marshal help with collection of monies due. I am sorry but I cannot quote this law to the actual article written. This was a few years ago when I saw it. That age thing is creeping up on me, and I never kept the article for future use.

LEA, sometimes would have something like this happen. Once we noticed the difference, we would inform Headquarters. It would be taken care with their help. Or, we would just call our broker and they would apologize and make the correction. It did not happen often, and sometimes it was not always their error. I would transpose a figure. :-(