COMPLAINT ACTIVITY REPORTCase # 67176188 Better Business Bureau of West Florida, Inc.

Consumer Info: Nader III, Ed W. Business Info: Movex, Inc.

777 S Federal Hwy 304-M 12183 W Linebaugh Ave

Pompano Beach, FL33062 Tampa, FL33626-1732

720 261-0197 720 261-0197 800 876-6839

Location Involved: (Same as above)

Consumer's Original Complaint :

We contracted with Movex to move our household goods from Colorado to Florida on 5/25/10. They were to deliver a truck on 6/6/10 which we were to load and they were to drive to florida arriving between 6/10 & 6/16. On 6/3, they called to inform us that they had no truck available for 6/6, but could deliver one on 6/7. I told them I was flying back early on 6/7, so that would not work for us. They then offered to hire professional loaders which we agreed upon. On 6/7, they still had no truck and never did have one. Finally, they offered to get our stuff moved through SelfMoves(I think an affiliate of theirs)and dropped a truck on 6/17 which was loaded on 6/18(by the loaders they hired). The truck left Colorado on 6/21 and arrived in Florida on 6/25 at which point we found most of our stuff was damaged and broken because their loaders just threw our stuff on the truck, not properly loading and securing it. Because they were so late, they had also offered to hire unloaders. The 2 unloaders were not physically able to complete the job, so we had to work until 3am unloading ourselves, missing work the next day. We were promised by Movex that the laborers, both loaders and unloaders, were professional movers, but obviously they lied in attempt to control their costs as they were unable to fulfill the original contract agreement. I have the contract that the unloaders from Labor Ready gave us when they arrived which specifically states that they are not professional movers. As soon as we opened the truck and began seeing the damage, we called Movex and demanded they send an adjuster immediately. They refused and said they would send claim forms and instructed us to take lots of pictures. We took pictures but did not receive the claim forms until we called and requested them a second time. We immediately filled out the forms and returned them, with pictures, to Molly Voth at Movex on 6/29. We also disputed the costs on our credit cards and waited to hear from them. So far, we have heard nothing despite emails and phone calls. They will not provide us with the name of their insurance company or return any messages.

Consumer's Desired Resolution:

We want a complete refund of the monies we paid, damages of $8686(so far) for the damaged items, monies for lost work due to unloading ourselves, and monies for the time involved to settle this dispute and replace our damaged items

BBB Processing

07/06/2010 web BBB Case Received by BBB

07/07/2010 CLP BBB Case Reviewed by BBB

07/07/2010 Otto EMAIL Notify Business of Dispute

07/09/2010 WEB BBB RECEIVE BUSINESS RESPONSE : Contact Name and Title: Molly Voth

Contact Phone: 908-5557

Contact Email: [email protected]

The Nxxx's contracted Movex to rent 12 feet of space to move themselves from Parker, CO to Hallandale, FL. Their original load date was 6/6 in Colorado - with a delivery spread of 6/11 - 6/16. Movex was unable to route a truck to the customer within that specified time frame. Our contract allows for a 10% reduction in move costs for any delays.

In an effort to provide the Nxx's excellent customer service, Movex, at our expense, hired professional labor to load the shipment for the Nader's on 6/17. The labor was to report to the Nxxx's daughter, Adrianna, who was to participate and supervise the loading to insure that the items would not be damaged. Movex paid the labor $540. During the loading, the daughter informed us that they needed additional space, and, as per our contract, the Nader's were charged for the additional space that they used on the truck.

To further compensate the Nxxxxs for the inconvenience of the late arrival, Movex also contracted Labor Ready to help the Nxxxx's unload at destination.

Mr.Nxxx informed me at delivery that the shipment had sustained damages. Please note that Movex is not liable for damages, as the customer is responsible for how the shipment is loaded.Liability is the responsibility of the carrier and is limited to .10 cents per pound per article.Claim settlement will be processed within 30 days of receipt of the claim.

In summary:

The Nxxx's were charged by Movex a total of $2632.00. As per our contract, the maximum refund for the late arrival/delivery would be $263.20. Movex has paid, on the Nxxxx's behalf both for the loading and unloading of the truck which is above and beyond the scope our contract.The labor hired at origin was professional labor.As an additional convenience, Labor Ready was hired and paid my Movex to assist in the unloading of the shipment.Both these services were provided as compensation for the late arrival of the truck.

The Nxxxs daughter, Adrianna, was responsible for the supervision and condition of the goods in the truck.

Movex has refunded the customer $33.92 for moving equipment that their daughter purchased, and has paid over twice our contractual liability for the delay by paying for move assistance.Claim settlement will be issued based on contractual liability.

07/12/2010 CLP EMAIL Forward Business response to Consumer

07/13/2010 WEB BBB CONSUMER REJECTS BUSINESS' FINAL OFFER : (The consumer indicated he/she DID NOT accept the response from the business.)

Firstly, the laborers hired by Movex, were not "professional" movers-it was one guy and 2 kids(We do have witnesses). Secondly, my daughter was only required to meet them at our property to allow access to our property for loading. She was, in no way, shape or form there to participate or supervise the labor!Why would she participate and supervise-she is a 25 year old female with no experience in moving-that is a complete line of B.S. from Movex in an attempt to mitigate their liability.I would never expect or ask her to help-that is what Movex hired "professional" laborers for! Likewise, the laborers they hired to unload were not "professionals' and in fact, were not even physically qualified which is why we ended up unloading ourselves until 3 a.m.! One of the guys even had a heart condition and had to take meds while on the job for fear of a heart attack! Their whole response is totally ridiculous-why would my daughter, a kid herself, be responsible for the loading of the truck when "professionals" were there to do the job? And why would we unload it-just to be helpful? Absolutely makes no sense! They offered to provide professional movers, free of charge to us, and failed to deliver on their promises. If they had hired the "professionals" as they promised, our stuff would not have been damaged. In offering us movers, they totally stepped out of their realm as "consolidators" and moved themselves into the category of "full service movers", for which I am sure they are not licensed.The hiring of the movers was not part of our original contract and should be viewed as a separate contract. Their little 10% maximum refund would only apply to the original contract which was strictly an agreement to drop off a truck for which we had 6 hours to load ourselves, then they would pickup the truck and drive it to Florida, drop it and leave us 6 hours to unload ourselves. When they couldn't find a truck, they offered an addendum, if you will, to provide laborers to load and unload it. That additional addendum makes them the responsible party for the damages to our stuff.I agree that if we had been responsible for the loading of the truck, we would not have a claim. However, when Movex assumed responsibility via hiring and paying the movers, they ultimately became responsible for damaging our goods. The fact that the damage was so widespread further proves that the movers were not "professionals". There was also no agreement on our end and no conversation at all regarding Movex claim that because they paid the laborers, they now owe us nothing. They hired the laborers because they could not fulfill their contract. At no time, did they ever tell us that they would pay the laborers in lieu of fulfilling their contractual agreement. If they felt they had no responsibility, then why did they send us claim forms and request we take lots of pictures? And why will they not give us the contact information for their insurance company that they are required by law to have? It would seem now that we are looking at a potential lawsuit-maybe they can bring their "proof" that the laborers they hired were "professional" movers and explain how our stuff got so damaged as so far, we have yet to see any proof to back up their story. We, on the other hand, have pictures and witnesses.

07/13/2010 NBB EMAIL Forward Consumer Rebuttal to Business

07/16/2010 WEB BBB RECEIVED BUSINESS' REBUTTAL RESPONSE : When Movex was unable to provide a truck on the Nader's contracted move date, Movex, in an effort to provide excellent customer service, offered (in lieu of the 10% delay refund) to hire labor to load the truck.Scott (one of our cusotmer service reps) spoke extensively with Meeka (with whom our contract is with) about her options, and the choice for hired labor in lieu of the 10% refund was hers.Documentation of the dates and times of these conversations are in our file.Mr. Nader demanded assistance in unloading the truck as well, and, again, and at Movex's expense, we complied to provide excellent service to the customer.

The loading labor was a professional crew, and we would be happy to provide you a copy of the paid invoice.

While as a move broker, Movex has no liability for damages (the carrier of the shipment is liable for any damages), we have already issued a full and final settlment check for the damages claimed on behalf of the carrier in order to expedite settlement and resolution of this matter.

Movex has gone above and beyond our contractual liability in all areas for this shipment.We request that the BBB remove this complaint from our record as invalid.

07/16/2010 NBB EMAIL Send Business' Rebuttal Response to Consumer

07/20/2010 WEB BBB CONSUMER REJECTS BUSINESS' FINAL OFFER : (The consumer indicated he/she DID NOT accept the response from the business.)

I did talk extensively with Scott about our options when they could not deliver the truck as contracted. However, there was never any mention of hiring labor in lieu of the 10% refund. I hope they taped the phone conversations, as the truth will be found there, not documentation of dates and times! Whether the loading company considers themselves professionals, doesn't really matter. What matters is that they did not property load and secure our belongings-this is evident through our pictures, witnesses and extensive amount of damage. It was not just a couple items that were damaged-it was more like a couple items were not damaged! WE are curious as to why they did not use their own movers as I understand that they are affilitated with Eagle Labor (or something like that) and I don't think that is who they used. Again, Movex was not acting as just a move broker in this instance-they stepped out of that realm and into the full service mover industry when they offered and paid for "professional" laborers to load and unload. In addition, according to their contract and I quote: "Movex is the best choice for moving customers because Movex is the only self-service mover that includes all of the following at no additional cost:

Air-ride suspension moving vans. These vans are designed to give your possessions a nice, smooth, gentle ride resulting in no damaged furniture.

Dollies are available to help you move your items in and out of the van with less fatigue.

Loading ramps are provided so you will not have to load items 4 feet off the ground, reducing the strain on your back.

Heavy-duty furniture blankets are provided to protect your belongings from scratches and dents.

Tie-down straps are provided to secure your items so they stay in the same position throughout the entire trip.

$5000 worth of catastrophic loss coverage.Additional coverage is available.

Weekend loading / unloading for your convenience.

Attended trucks. Our drivers will stay with the vehicle while you load and they do not leave trucks unattended overnight providing you the most secure move available."

I talked with Neil at UPS(UPS ended up delivering and driving the truck). He informed me that they did not have any air-ride trucks out of Colorado, only street trucks(28'- which is what was delivered). There were no dollies, moving ramps, tie down straps or heavy duty blankets. My daughter did go and rent some blankets when they showed up without any(some professional movers!), but they were not securely wrapped around our furniture. They never tied anything down as they didn't have any tie-downs, either(again, some professional movers!). And, the driver did not stay with the truck at all times-it was left over the weekend unattended, but my daughter did buy a lock and locked it. When the truck arrived in Florida, it had a different lock on it. So, as we have been saying all along, Movex broke their contract more than once and their measly $300 check they sent us is not even close to covering our damages. We will not accept it as full and final settlement-it will not be cashed.