Need advice ASAP; moving company nightmare

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Randi0713

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Hello,

I am a very proud mom of two little boys, and married to a wonderful husband. We wanted to move from California to Michigan for a job opportunity as well as closer to family, etc. We went through getamover.com who referred us to a moving company named Global Moving USA, who then sub-contracted us with Across America Moving & Storage...which we were not aware of until the day they showed up. Take in mind they showed up about 3 hours late...but thats just the tip of the iceberg. The "team" that showed up started packing and wrapping like professionals should...however, they repeatedly spoke in a foreign language so my husband and I could not understand how badly they were about to rip us off.
I asked the main guy about how long he thought because it was already after dark and our children were getting restless, and we had to be on the road ASAP considering we were driving from SoCal, to Michigan. The guy had a weird look on his face so I made sure to stay around him and continued to ask questions, I brought up that them being late should give us some sort of compensation (extra packaging at no cost, storage...whatever). He told me there was nothing they could do until he spoke with his Manager...so I waited until finally he is again speaking another language on the phone to the so-called manager. He then assured me were getting a 10% discount on the "Extra" poundage that was not in the estimate. I let him know there was a list of items and everything on that list was accounted for in the original estimate. He argued with me and told me he estimated over $6500...when the original estimate was a mere $1659....upset, exausted, and still in a hurry, I asked him for the list of items before I agreed to any charges. He then tells me there was no list...or better yet, he didn't have it. So, after negotiating for almost an hour, we agreed to a still unreasonable $3300. We let him know we would definitely be in contact with his manager once we got to Michigan.
Leaving June 15th now instead of the 14th like we planned...spent extra money on motel because we were exausted after doing all the movers work.
Long story short...we get to Michigan on June 19th. We call the company to speak with manager, Maria, the receptionist, told me wasn't available. So I asked her when exactly the truck would arrive...she then tells me my things were being stored for 30 days...trying me best to control myself, I told her I never requested storage at all...I wanted my things delivered NOW. She said ok the truck should be there in 7-14 days. I said ok...I am still very upset with your company and will be in contact with the manager...or so I thought. Every number they gave me went to some strangers voicemail, I finally did get a hold of a man who claimed to be David Shapiro...I did some research and found out he's the head owner of Across America...who goes my about 10-20 other names which I found out through the BBB. I sent reports, complaints, and anything I could do to prepare for their delivery.
Once they finally should up which was July 30th...yes, more than a month we waited...it was raining, dark, and the men in the truck would not come out, I am standing on the porch waiting for them to get out...and nothing. So I decided to run out the street to see what was taking so long, they demanded $2200 or they were unloading the truck. I told he wasn't getting a dime until I saw proof that all of our stuff was there, he gave me a nasty smirk and said no can do, I started to show him the complaints and the dirt I found on their company and they sped off...so I called the police. Police were very rude and said there was nothing they could do unless they were in some sort of traffic violation. Well, I waited for my husband to get home, he called the guys who had the truck and convinced them to come back. They finally arrived and would again NOT prove to us they had our things...BUT they had the LIST, the one the first guy in California claimed didn't EXIST. After a few more minutes of arguing...the guy hit the gas without warning and HIT my husband in the arm with the side view mirror. He was badly bruised for almost a month, from elbow to underarm, terrible. Finally....the police come, tell us its too late to pursue them but they would dispatch other officers to keep a "look out".
Here we are....almost in December...scraping by with no furniture, no clothes, no books or toys for our children, nothing to cook with...NOTHING.
You would think the state could help...HELL no, they told us our property had to be lost in a fire or flood...the sad part is the last thing the guy with the moving company said when I asked what they were doing with our things...that they were going to dump it and burn it.
I need help...I do not know where else to turn. I know we need to sue them, I just have no idea where to start.

Frustrated and Angry
 
Wow. I'm very sorry to hear about your situation - what a horrible fiasco. Let's see where to begin... this could be more than a small claims case but let's see if we can take a look where we need to.

First, you must take a look at your agreement with GetAMover.com and their terms of use. They claim they are just a directory for you to find a mover - like a yellow pages - and that they have no liability. They are not an agent of the mover. It seems you'll get no relief here because they weren't part of the transaction. Here are the relevant parts of their TOU.

Getamover Terms of Use

Moving Quote Requests: Getamover is not a relocation and/or moving service provider ("Mover"), nor a carrier or broker. Getamover does not provide any relocation services, nor endorse or recommend the services and/or products of any mover participating in the Getamover Web site. Getamover is not an agent of the User, nor of any participating Movers or other listed service providers or retailers on the Getamover Web site, and will not be liable to you for any actions or omissions of any participating Mover or other service provider or retailer. No third party beneficiary relationship is intended to be conferred by making the services of Getamover's Web site available to Users or Movers. Getamover's services are free to the User and of an administrative nature only; Getamover is not involved in any actual transactions between Users and Movers. Getamover acts only as a passive conduit to facilitate contacts between Users and Movers, and you, the User, hereby expressly grant Getamover permission to disclose any and all information you provide to Getamover to any or all of the participating Movers in accordance with our Privacy Policy and as Getamover, in its sole discretion, deems appropriate to match both the User's moving and relocation needs and the Mover's service capabilities.

It seems to me that you should have a case against Global Moving USA and Across America Moving & Storage. I don't know what your agreement looks like and you have to read it completely - especially the fine print. It may be difficult to prove part of the fraud, depending upon what the paperwork says. I'm glad to help but need to hear more about these details. You should have a claim against them in your state although Small Claims Court can present problems because it can only be used in the jurisdiction where the defendant is situated. If, e.g., the defendant is in upstate NY and you are in lower NY, it is likely you could only sue the defendant in upstate NY.

Rule of thumb, which unfortunately is a lesson you are learning the hard way - ALWAYS go over the fine print with any vendor who will have you between a rock and a hard place, e.g. moving companies, wedding planners, towing companies - any situation where you really need their help at that moment and are in a position to be given the "pressure sell."

So start there and let us know how things go. Hopefully you've settled in to the holiday season by now. Best of luck.
 
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