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Shipping gone badly wrong - time for a lawyer?
Not quite certain how to put this so I'll ask the question first and then explain why. I apologise in advance for spelling and grammatical errors, I tend to get quite upset when on this topic.
I think I'm going to have to seek professional legal advice over the trouble I'm having with a shipping company. The short version of the story is that I haven't received my bike despite various assurances along the lines that I'd get it "next week". This has been going for a couple of months now and I'm starting to realise that I may never see my bike and belongings again. It doesn't help that I may be out of the country for work reasons in the near future. Has anyone had problems like this in the past? I'm based in the UK, I guess rules and laws are different around the world but if anyone has any advice or suggestions I'd appreciate it. I've tried searching the HUBB but with no success - if this has been dealt with elsewhere then I'd appreciate a pointer in the right direction. For those who wish to know more, a longer version of the tale of my troubles: I decided to travel to the US to try and follow the Trans America Trail. Since I couldn't figure out if (and how) I could own and insure a US bike with no fixed address I purchased an F650GS Dakar here in the UK to ship over there and back. I did some investigations into shipping the bike and ended up going with sea freight with what I thought to be a reputable company. For various reasons I wanted to start my trip in Houston so that was the destination for the bike and I was told I would be able to collect it from a friendly BMW dealer in Houston on the 11th July approximately so I booked my flight to arrive there 16th July. The first thing to go wrong was presented as a minor difficulty - they'd missed the boat to Texas and my bike would to New York then by truck from New York so not arriving in Houston until the 13th July. No apparent problem. A day or so before my flight I was contacted and told that my bike was delayed in customs so wouldn't be in Houston until the day after I got there. A minor inconvenience, I thought. I arrived in Houston. A few days of useless phone calls and faxes followed. My bike was still in customs in New York. The US agent had no intention of shipping my bike to Houston in the near future and wanted extra money to do so. I flew to New York. One week after I'd arrived in the USA I finally caught sight of my bike. Had to pay out some more cash to get the US agent to release it to me but I was glad to get my bike and start moving. Time came for me to organise returning to the UK. I chose to use the same UK agents as had let me down on the outward bound for various reasons amongst which was the promise to recompense me for the additional costs I'd incurred getting hold of my bike. They told me where to drop my bike, so I duly handed it over along with the registration document, original at the insistence of these new US agents. That was 8th October. I got back into the UK 10th October. I received various emails from the shipping agent (UK side) saying how my bike will be back in four weeks time, etc. but did I have the registration document? No, I left it there (against my wishes). It'd had gotten lost. No problem, they'll sort it all out for me (or so they said). After the four weeks had passed and then an extra week to be sure I 'phoned them. Bike was still in US. I left it a bit longer and 'phoned again, (toward end of November). Bike still in US but because it had been delayed so much they'll air freight it back to me at no extra charge (via Paris, apparently). I'd get my bike by the end of the next week. Late December I rang again. Bike still in US. Air freight deal still on. Early January (2008). I rang and actually got a call back and a couple of emails. Bike still in Houston but would be trucked to LA and then flown to UK. Promise of some flight details in a few days. No flight details emerged so I rang again, today. Bike in LA. Might be on a flight late next week... I started to fume at this point but it got worse. I'm not 100% certain of what was said because I was so angry but I think they said an extra week for customs, so I might see my bike end of week after next. Over 6 months since I'd made the enquiry to the shipping agents and 3 months since I dropped it off. :censored: I don't know if this is typical, I'd assumed not. I'm pretty darn angry about the whole affair. I'm not going to say which shipping agent it is because I don't want to create any issues if I do have to take legal action. If anyone is thinking of shipping their bike anywhere and would like personal advice from me then please contact me by private message and I'll try to help. |
Name em & Shame Em!
I would send them a Link to your post on this site..... and say something along the lines of unless I get complete satisfaction, My Bike & some Compensation for messing me about, I will go so public about this you will get more bad advertising than you could EVER afford to Pay for!
People like them rely on a good name as well as the 'Big Business' side of their work. I cant see it doing any harm, its not as if your LYING about them, just stating the facts of what happened to you. |
Unless it is a shipping company that ships a lot of bikes, I doubt if they will be impressed with a posting on this forum.
Getting a good lawyer may be better. Don't you have insurance for that ? If so, call them and let them sort it out. Sometimes a letter from a lawyer will speed up things. Good luck getting your bike back. |
That wasnt the idea........
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now do you want to be NAMED as well? not just HERE but EVERYWHERE I can possibly put a link, a post an email? Mostly, they DO NOT want the Crap Publicity........:nono: Martyn |
to link or not to link?
I'm actually trying to cover both bases - I have emailed them to say that I will be posting what has happened but not naming them; I'm sure they'll understand that there is always that possibility. I didn't specify the HUBB but I think they'll work that out.
As to whether they'd care or not I can't say, they don't seem to care too much about customer satisfaction so far! I don't know if I'm making a mountain out of a molehill; I've never shipped anything before and don't know if what I've experienced is considered acceptable. |
insurance
Forgot to mention the matter of insurance. Shipping insurance was to be sorted out along with the shipping so therefore hasn't been (to the best of my knowledge). I don't think the holiday insurance I had would cover it, I could ask though.
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I sure would like to know who the shippers are, and the identity of the agents on both sides of the pond. I ask because I'll be looking to ship my bike back from New York [Port Newark] to Southampton, UK, at the end of May this year.
dougxr - Was the originallyintended port of entry Galveston (south of Houston)? Do you have a problem disclosing the parties involved? I for one would like to avoid them, if at all possible - BUT I've got the feeling that I have it in mind to re-use* the same shippers as you're complaining about here. If we're talking the same company doug, then if you want me to, I would be more than happy to raise your particular issue and concerns - at least with the UK-based agent. This would fall in line with the sort of commercial repercussion that Martyn is alluding to. And - now thinking it through at bit more from your point-of-view doug - I guess, at this late stage, you don't really want to p#ss the shippers off in the wrong way, perhaps by naming and shaming them here, or anywhere else for the time being. After all, I'm sure that you do indeed want to see your bike again one day, if at all possible! *I used their services in June last year for my bike's outbound passage to North America, which I must say all went very well. [Send me a PM if you want doug] |
4 posts? New handle to hide your idenity? .. What ever.
I think a contact in the USA local to where the bike was handed over could have a personal visit to see if the bike is still there and not stolen/damaged ... do you have the milage of the bike when it was handed over? I suspect the bike has been stolen - ... see if you can get someone to view the bike independant of the shippers .. if that cannot be done .. suggest to the shippers that you will report the vehicle stolen to both UK and USA authorities (you might also consider Mexico, Canada too) ... unless they can prove otherwise to your satifaction. Did you have shipping insurance? |
I dont think your making a Mountain out of a Molehill..
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They lost your BIKE Dude! or at least havent Delivered it YET..... Your Experience is about acceptable as Drowning Puppies in a public Swimming Pool! I must say you are remarkably calm about all this..... if this had happened to me I would have had my third nervous breakdown by now! Martyn |
name and shame or not
Keith,
I've decided to not publicise the name of the shippers for several reasons, including, as you suggest, not wishing to annoy them. I've only now put any of this on the internet because I've got so fed up with them. I realise that they've effectively got all the cards (since they have my bike, etc. and contacts). Yes, I believe the original port was to be Galveston but the 'ship left early'. I may well PM you tomorrow, I'm curious to know if it's the same company, but if it is then that'll make it seem as if they're picking on me! |
Hadn't really thought about theft
Frank,
I am actually new to the HUBB, the US trip was the only one I've ever managed, the rest have been pipe dreams. No offence taken either way. I hadn't actually considered the bike being stolen. Unfortunately it may now be too late to do as you suggest. I might have been able to beg someone in Texas to visit Houston, where I left bike, but I've been informed that my bike is now in LA because that's where they fly them from. But now you've raised the possibility of it having been stolen I'm more concerned than ever; I'm going to have to find a lawyer I guess, more expense. I hadn't bothered re-joining the AA since I don't have the bike back yet but I'm going to see if they can offer legal services. I don't know if shipping insurance ever actually got enacted, as I mentioned it was to be arranged by the shipping agents... Martyn, I am pretty upset and when it was going wrong on the outward trip I did at times feel physically sick as my holiday plans got wrecked but I think I've now run out of nervous breakdowns! |
For the insurance - do you have a recept? If you do then you have legally enacted your part .. if teh agents have not pass ed that no to the insurance company then they are liable for teh full cost of the biek and anything else you can reasonably think of .. at least that is what I' ask a lawer to go after ..
The Hubb is not the limit of HU .. we also have comunities .. and there would be one in LA .. Go to your local shipping agent - find out 1) where is teh bike now? 2) can they prove it a)- photo of the bike - both sides with a local paper - front page showing the date. AND/OR b) personal inspection by your representative (LA HU community person .. you'll need to organise it but I think the shoppers muight get the message that you want your bike back .. now! These people migh be trying for a 'consolidated' shipment - they pack a lot of stuff in one container. If the container is dropped .. I've seen the results .. not good !!!! So there are several possiblities .. you need to find out what has happened .. Theft is actually easier than damage .. buy another bike - quick and easy. Damage takes time .. and it is not the same - like geting another bike. |
Contact your insurance company and say the bikes been stolen, they will then get their reclaim and lawers on the case and it won't cost you a penny, as you have waited a REASONABLE amount of time for delivery and have tried to get your bike back to no avail.
You will also need to get a Police Ref No. If they haven't delivered and can't say EXACTLY when they will, then they are at fault. And for those that already know me I'm way used to dealing with people like that, I really enjoy it because at the Moment I'm dealing with DIRECT LINE (you suck) for returning my car in sh*t state after repairs, and the Financial Ombasman is on my side. Lee |
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Franks suggestions are great ones... 1. Find all the paperwork you have and do a bit of the research yourself about insurance, terms of shipment, bill of lading...once you've handed the bike over to them(and you have proof of that) and paid them(and you have proof of that), you have more leverage than you would believe. 2. Contact the HU community once you have some firm information based on step one...these guys are your extensions...and can be life savers...only if you give them the appropriate information to work with. I was in a similar situation before in shipping my bike to begin my trip and after one month i finally, after switching shipping companies, got my bike that was supposed to be air freighted to me...the agent was fired...the company was Lynden...and they wouldn't dare come near me afterwards. Thank God for Royal Air Maroc... |
Paperwork, etc.
Just a quick note as I'm on my way to work.
Several people have commented about insurance, I'm uncertain if they're referring to the UK vehicle insurance or shipping insurance. I do have valid UK bike insurance but don't know if it'll cover this - I'll definitely try. Shipping insurance was to be handled by the shipping agent and so I don't know if it happened, have no paperwork or contact info for the insurance company - if insurance was actually obtained. I don't have much in the way of paperwork and I haven't paid for the bike being shipped to the UK (have paid for US to UK). The company involved is very laid back about paperwork and kept saying "we'll sort it all out" and "no need to pay until after the bike is shipped" which is all very nice if everything goes as they say it will. It came across as being very self-assured and confident. So I don't have bill of lading, terms of shipment, etc.. I was a bit naive and I definitely would something want more solid in terms of written documentation in future. I do have a receipt from when I dropped the bike off with their suggested agents in Houston and have printed out a copy of their tracking website (which shows nothing useful). Especially for the US to UK trip a lot of the dealings were over email and mobile phone. To work (not by bike though). |
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