Legal Advice - Moving Related

[AbigailC]

I am hoping for some legal advice related to an international move from Thailand.  I have used a moving company from Bangkok and was assured a certain price per cubic meter.  I read the contract and asked MANY questions.  I was assured that the price was an all inclusive one for the movers coming, packing my items, taking them to Bangkok, storing them, preparing paperwork, and shipping overseas.  The movers took my things this week and now the company has sent an invoice for 30,000 baht over the initial price.  They're stating that this is for the increased cubic meters due to the size of the shipping crates.  This was not mentioned in ANY of the emails or in the contract terms.  I have not paid them yet and the manager is stating that I can ship things without a crate for the original price, but that things will likely get damaged and I won't be able to complain. I am at a loss in how to proceed as they have all of my things.  I feel misled and taken advantage of.  Is there any legal recourse? Many thanks.

[Paul Catton]

I would say not except for negotiating a lesser to nil charge, for their incompetence when providing the original quotation without factoring in further protective packaging as they have now deemed necessary.

Ask for photographic image of your consignment related to Bangkok staging.

I would advise them, they are breaching their contract, and demand your belongings be returned, as a more reputable company without a sting in the tail has are able and willing to provide similar service at a fractionally higher rate than your contract.

30,000 THB is a significant amount of space required by thin plywood and flimsy 2" x 1" framework that esconces your treasures. Perhaps each wine glass and piece of crockery/ cutlery has been "coffinned" for shipment. 

Certainly looks like skimming as opposed to a scam.

 

[AbigailC]

Since I'm in a tight spot here, I am willing to grease the wheel a bit, but not be taken for 30,000.  I'll see how it goes from here as I've sent a follow up reply and am waiting for a response. Thanks.

[Paul Catton]

1 minute ago, AbigailC said:

Since I'm in a tight spot here, I am willing to grease the wheel a bit, but not be taken for 30,000.  I'll see how it goes from here as I've sent a follow up reply and am waiting for a response. Thanks.

Best of luck and an acceptable outcome.

[cyberfarang]

Did the OP use the company`s shipping crates or his own?

 

If he used the company`s shipping crates and was quoted a price in writing, then the company has no excuses for increasing the costs. But if he used his own crates or crates other than the company`s, then the company can claim that the creates were oversized and price accordingly.

 

So which is it?

[CMBob]

How can the deal be both an "all inclusive price" and a "certain price per cubic meter?"  Unless the shippers came and measured all the goods ahead of time and then gave a fixed price for the total job without any reference to a price per cubic meter, the only question I'd have is whether is shipper is or isn't "fudging" with respect to the total number of cubic meters needed for the job.  

[Dante99]

Suggesting that they could ship your stuff without a crate with you incurring damages is absurd.  You do not want to do business with absurd people.  Move on, find another shipper.

[worgeordie]

So what did the company pack your stuff in to take to Bangkok,

if cardboard boxes,that's what they would ship them in,are they

saying they are putting them in wooden crates ?they have your

stuff and are trying a bit of blackmail,as you are never going to be

a repeat customer,

regards worgeordie

[HullyGully]

I have been reading this thread, and maybe the issue started by the customer not understanding all the issues and the shipper not detailing the offer

 

When you ship LCL ( Less Than a Container) you shipment is mixed in with other shipments

 

An example of boxes could be a cardboard box, NOT plywood

 

So when you ship LCL, its better in wooden boxes

 

Normally the shipper would come and collect and pack the goods into cartons, then take them back to the warehouse and ideally pack into wooden boxes

 

Its normal to quote by the CBM door to door, but you should have checked this was in wooden boxes

 

I do not know who's issue this is, difficult to tell without the detail

 

A solution could be to ask how much to strap your cartons on pallets ( the would be the cheapest option

 

As the shipper packed ALL the goods into the container the shipper has to SEA-FASTEN the containers, by using timber, ropes or even welding in the container

 

You should also have some cheap sheet of wooden 8 x 4 ft and sea-fasten around your shipments

 

Again, I do not know the terms of your contract, however if its door to door, you need the a copy of the shipping manifest AND the agent in the country where the ship is arriving

 

You need to contact them, and make sure you have given them CUSTOM documents etc

 

If your shipping to the UK, it will take approx 30 days

 

Also, any delays at the receiving PORT due to you not providing, saying invoices and customs documents can result in additional costs, which you will have to pay

 

The agent at the Port of arriving general has a few days to clear the shipment, before charges are due

 

A ship crossing sailing the ocean can get into bad weather and WILL rock and roll, that's why sea-fasting helps, but may not stop goods been thrown all over

 

 

 

[AbigailC]

Thanks, it seems that the company will concede enough to attach items to pallets, and only charge another half cubic meter, but to put into crates they are asking me to pay a cubic meter and a half more.  Their price estimate was an all inclusive door to door price with all costs except the port costs being factored in. So now it feels a bit like a bait and switch kind of a deal.

[HullyGully]

So, wherever you are shipping to

 

Make sure you have a detailed invoice with prices

 

General, if  the goods are over 2 years old you will not pay import duties

 

So generally I start my list with a statement that "ALL GOODS ARE PERSONAL / HOUSEHOLD GOODS & OVER 2 YEARS OLD"

 

Then list the items priced ( at a lower cost, just in case you have to pay duty )

 

The shipper / agent should have already asked you for the invoice, ideally print out a CUSTOMS DECLARATION, FILL IT OUT AND SEND TO THE AGENT

 

Keep copies of both

 

I am British and you can print out  from HMRC Site the form

What will happen, is if you do not do it before the shipment arrives, you could delay clearance and the you'll pay storage costs

 

Ideally, you shipment Contract was door to door, so the goods will be delivered to you home

As I said before get the Agents name/ phone/email at the Port of Arrival

Edited June 28, 2018 by HullyGully

[AbigailC]

Thanks for all of these details.  I'll be sure to do these things.  I am working with a Turkish company on the other end and will sign a power of attorney so the items can be released to them and they have free storage on their end as well, but I definitely do not want to have to pay port storage fees as well.