Complaints

• Initial Complaint

  06/19/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  ************ was hired to load our 22' Penske truck on 6/1/23 for 3 hours. They knew it was for a cross-country move from ******, ** to ********, **. MM asked ** to purchase moving straps and blankets (10 straps, 12 blankets provided) and save several linens.-6/1, ******* and EJ arrived and began loading. They did not use dollies to move heavy bins/boxes and rather carried these one-by-one. They used only a few blankets and some wrap to protect furniture. We asked for more to be used, but they repeatedly snapped at us and said they knew.We went to see how loading was going, saw ******* using our antique coffee table as a stepstool. We asked him to use the one provided instead. After this, he told us we were not allowed on the truck for liability reasons. We were unable to see how poorly/unsafely items were packed.-6/3, we checked to make sure items were still secure. A strap was already loose and needed tightening. Several pieces of wood furniture were not wrapped or protected. I called MM and spoke to ******, who asked me to send an email detailing the experience with photos (sent 6/3). He replied on 6/5 saying the ** would get back to us. No answer.-6/6, we arrived at our rental, unloaded some, and saw further damage. We called MM and spoke to ***************** who asked us to send another email detailing damage to help us reach a resolution. No answer.-6/7, local movers unloaded the rest into a storage unit and pointed out that only 3 straps had been used to secure our entire load. Only 1 strap had been used to secure our king ********* bed frames (wood and power metal), and ~20 heavy boxes/bins/duffels. It was very loose and items were collapsing. This was dangerous considering the load size/distance. 8 blankets and 7 straps were found that had not been used. We emailed MM videos/photos detailing everything. No reply.-6/12, we emailed asking to confirm receipt of our emails and how to proceed in resolving the matter. No reply.More proof can be provided.

  

  Business response

  06/22/2023

  Movemasters denies every allegation put forth by complainant with the exception of that Movemasters were hired by complainant to load a rental truck which was neither owned, driven or in any way operated by Movemasters. Despite having explained both in writing and verbally that since Movemasters does not own or operate this rental truck in any manner, Movemasters excludes itself from any liability associated with any damaged (or lost) items. The reason for this being that since the rental truck is entirely out of Movemasters control, and would be driven and operated across several States, Movemasters would have no control over the circumstances or care given. Prior to the load date, the complainant was required to put forth in writing, a valuation of his entire shipment in the event that damage would occur before or while loading. (since Movemasters would expressly not be transporting any goods for the complainant). The complainant at that time stated that the value of his entire shipment to be sixty cents per pound of goods. Upon receipt of complainants assertion, Movemasters estimated the weight of the complainants shipment to be around **** pounds and offered  the complainant the maximum amount set forth by ******** Statute of $1,000.00, (This scenario assumes every single item in the shipment to be destroyed beyond repair, which would be preposterously false). This was offered despite Movemasters not having any legal liability to any amount as put forth by the written agreement between Movemasters and the complainant. Movemasters' standard of care speaks for itself through its 42 year old reputation and its outstanding track record of positive customer feedback. 

  Customer response

  06/22/2023

   
  Complaint: 20205198
  
  I am rejecting this response because:
  

  ************ did offer us $1,000.00, but this is not enough to cover the repairs/replacements as the cost of the loading itself was over $800.00 (cost + tip). This is the first time they mention an estimated weight,but give no evidence for how they got that figure. This figure was only given to BBB, as they are not willing to discuss the matter fully with us. We have offered in writing to show proof of repair/replacement values, but have not received any response regarding this.

  ************ may not have performed the move itself, but they were hired to pack our truck for an out of state move. We expected that it would be done in good faith, especially since we were not allowed to oversee the work (we were told not to go on the truck due to their liability). This should ensure at minimum that care is taken with our items and that they are stored in a way that can foreseeably avoid damage considering their decades of experience as movers. All of this goes beyond any protections from either insurance option offered.

  The main issue we have is with MMs willful negligence when loading the truck which they are not addressing. The damage we have shown could have been avoided if they had performed the work with a duty of care and taken reasonable precautions. They could have used sufficient protective material which was readily available and went unused (e.g., moving blankets, straps, and protective wrap). All this goes beyond the forms/documents we agreed to.
  We offered to go through the process of getting an impartial third party either via BBB or an outside professional, but they have ignored this request and instead messaged BBB. They keep referring to the contract and insurance option taken, but have not addressed our concerns regarding the lack of duty of care, not taking reasonable steps to avoid foreseeable damage, and willful negligence. They were aware that we were going to drive a significant distance and their actions directly led to our items being damaged/destroyed.

  We believe an impartial third party needs to get involved since they took weeks to answer or completely ignored our concerns until we made a complaint to BBB on June 19th. It was only after the complaint was made that we received any meaningful communication (emails attached). We do not believe they are acting in good faith to resolve the issue.

  
  Sincerely,
  
  *********************************

  

  Business response

  06/27/2023

  Before this move was scheduled, the complainant was required to pick one of two options to determine the valuation of his shipment. This methodology is required by law to be offered by movers in the ***************** and similar laws are in place in nearly or all other States. The complainant at that time had the option to put forth a value of shipment to be more than sixty cents per pound. He declined, in writing, that option and thereby declared in writing, that his shipment was to be valued at no more than sixty cents per pound. Weight determination of shipments in the moving industry is standard practice and has been established over literally centuries as the most effective means to measure various components of any shipment. Weight determinations are required by law for interstate moves. The methods by which the weight of any given shipment is determined is fairly standardized based on either the individual nature of each item and/or the amount of cubic feet that a shipment of household goods occupy. At Movemasters, we operate industry standard 26 foot box trucks, which we routinely estimate hold about ****** lbs when fully loaded top to bottom, side to side and front to back. Since movemasters was not contracted to haul the complainants household goods, we did not have a need for a weight estimation, and therefore provided an estimate based on the man hours we felt would be needed to to load the items in the complainants vehicle.  When the complainant made the initial complaint to us he provided pictures of his items loaded onto his vehicle. This, and knowing the approximate dimensions of the vehicle he provided, led us to estimate, quite generously, we felt the weight of his shipment. If the complainant wishes to have another reputable moving and storage company view the same pictures and provide their own weight determination, we would  be happy to review that. 

  We will not address assertions of "willfull neglect" etc because they are outlandish and false. We would possibly consider involving a third party, but only with the assurance that that entity or person has a decent understanding of the fundamental components of the laws that govern the moving and storage industry.

  Customer response

  07/03/2023

   
  Complaint: 20205198
  
  I am rejecting this response because:

  Movemasters resolution amount is based on our having selected Option 1 which determines the value based on weight. No weight calculation or inventory was asked for during the estimate, the loading, or this resolution process. We have also been told conflicting things about whether the damaged items would even be covered by insurance:
  
  June 6th - When we spoke with *****************, he was unsure if this would be an insurance issue because of negligence on MMs end. He said that someone would get back to us. They never did.
  
  June 20th MMs stated, Unfortunately we are unable to file an insurance claim as there was not additional insurance elected. But they have repeatedly mentioned that we selected Option 1.
  
  June 21st MMs stated, Regardless of which insurance option you selected, Movemasters did not transport your items. So, is this even an insurance/moving issue?
  
  June 27th MMs stated, At Movemasters, we operate industry standard 26-foot box trucks, which we routinely estimate hold about ****** lbs when fully loaded top to bottom, side to side and front to back. Since movemasters was not contracted to haul the complainants household goods, we did not have a need for a weight estimation, and therefore provided an estimate based on the man hours we felt would be needed to load the items in the complainants vehicle. This was never explained during the call when we were discussing the loading, nor in the paperwork.
  
  June 30th Repeated same methodology for the calculation of the weight, but since we selected Option 1 shouldnt they have made sure they estimated the weight based on what was damaged, and not how long it took? This seems very arbitrary.
  
  We contacted the ************ (as advised in the MM contract) as well as the ***** because MM failed to respond to our emails for weeks. Both agencies told us that this is not a move issue, since MM was hired to load our truck for an interstate move, but did not perform the actual move. Since they could not assist us, and MM was not answering, we decided to use BBBs resolution process.
  
  Since we were told this was not a move issue, we figured it was a contract dispute. This is why we have repeatedly mentioned that the damage was caused by their lack of care, failure to take reasonable precautions, and willful negligence. They have not responded to these claims except to say that they, will not address assertions of "willfull neglect" etc because they are outlandish and false. We do not agree as the definition is: Willful negligence, also known as reckless or wanton negligence, describes negligent acts where the defendant disregards the risks of their actions and is aware (or should be aware) of the possible impacts. This is exactly what their staff did by walking on antique furniture, not properly wrapping any of the items themselves and not using sufficient safety equipment, be it straps, blankets, or wrap that were available (provided by us at their request). Wrapping of pads to furniture was outlined as something that should have been done in their own estimate to us (attached). We have sent numerous photos and videos which show how poorly and unsafely the loading was done. Their own employees (****** and ******) encouraged us to document everything.  

  It is because of this back and forth regarding insurance and refusal to address our claims/documentation, that we have asked twice for a mediator. In the paperwork given to us by MM (attached) there is a section that makes the consumer aware, that in case of a dispute between you and the mover, ******** has an arbitration process available to resolve the dispute without going to court. This is what we have proposed and MM has mentioned they would possibly consider being open to as long as they are knowledgeable about this industry. Since MM mentions this in their own contract, we believe they should be willing to use this option to attempt and find a resolution. All we have asked for is that they reimburse the move and compensate us for the items that were damaged due to their actions. 
  
  Sincerely,
  
  *********************************

  Customer response

  08/08/2023

  We are glad to hear that they have expressed interest in mediation as we believe this to be the best next option to try and come to a resolution. The only thing we ask with the mediation is that it be done remotely (either phone or zoom) as we now reside in *****. We are happy to use a mediator based in ********.

  Customer response

  08/11/2023

  [A default letter is provided here which indicates your acceptance of Arbitration. If you wish, you may update it before sending it.]

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID .********, , and find that arbitration is necessary. We only ask that it by done via phone or video since we reside in *****.

  Thank you for your help in trying to resolve this matter.

  Sincerely,

  *********************************

  Customer response

  08/28/2023

   
  Complaint: 20205198
  
  I am rejecting this response because:

  Movemasters is no longer willing to pursue Mediation or Arbitration without explaining why, nor responding to BBB after indicating they would consider this process for resolution.If you read our correspondence (all uploaded to BBB) going back to June 3rd, they have never followed through with their proposals. We were supposed to receive a call from Management on the 5th, but never heard from them. We emailed/called several times from June 3rd-19th hoping to work directly with MM,but never received any responses.

  After speaking with the ***** and FMCSA, we were told this was not considered a move (since they only loaded the truck), but rather a civil matter. They recommended we reach out to BBB. We filed a complaint with BBB on June 19th and have been trying to get Movemasters to speak/work with us since. MM have insisted that they are not responsible for damage caused since we chose Option 1 for insurance (compensation based on weight), but they have also said that this would not be covered by insurance regardless of which option we chose since they did not perform a move. They proposed a settlement amount of $1,000.00 via email outside of BBB, but when I questioned how they came up with this amount, they could not give a detailed explanation. Instead, MM told us we were lucky to even be offered this amount. This amount would barely cover the cost of the move itself and one damaged item of many.

  We were confused and wanted to have an impartial third-party look everything over so that we could come to a resolution. The only thing MM have offered is $1,000.00, but this is not enough as our estimate for compensation is between $4-5,000 (reimbursement for services and damage caused by their negligence). We have argued throughout the BBB process that they are responsible for covering damages since they did not uphold their end of the contract. MM did not load our items into the truck with care or proper safety equipment (most of the blankets and straps left unused). MM should have known that these items would move and be damaged during a cross-country drive (known to them from the moment we contacted for an estimate). MM states they are a company with over 40 years of experience so we trusted them to do the job properly.

  At this point we are not sure what the next step is as we cannot get them to have a discussion regarding our concerns, either directly with us or with a third party. They seem to be dragging it out and even went five weeks without responding to BBB (from July 3rd to August 8th)until BBB followed up.

  We believe this dispute should remain unresolved. ******* (from BBB) has told us via email, that BBB will continue the complaint process. We are willing to work with BBB and MM towards a resolution.

  Sincerely,
  
  *********************************

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