[yoopr]

You do a fleece-purchase and whadaya get?
Another day older and deeper in debt
Saint Peter don't you call me cause I can't go
I owe my soul to the company store...

Perfect

[Orangetxguy]

Originally Posted by ColdFrostyMug

You do a fleece-purchase and whadaya get?
Another day older and deeper in debt
Saint Peter don't you call me cause I can't go
I owe my soul to the company store...

SOoooooooo then...was that with the same deep rich baritone that TEF always delivered????? :P

[Orangetxguy]

Originally Posted by spencerian

I got my final settlement from CR England today.
I owe them $6,661. :shock:

Some of the things I dispute:
They charged me for a trailer washout. It was done at the "Streakin Beacon", on the CRE charge account. Somehow I am liable for it. I turned in the trip pack with the signed receipt.

Fuel to return the truck at $2.13 per gallon. What ever happened to that "NEVER PAY MORE THAN $1.25 per gallon" BS?
AND over 700 gallons? From Dayton Ohio to Salt Lake?
Sorry, but my truck got better than 6.3mpg loaded.

$436 to pay another driver to take the truck back to SLC. Plus $100 for recovery.

There are a lot of other BS charges.
One is for a lease payment on 3/07. I turned the truck in on 3/01 as per their orders.

A termination letter costs $10...
:?


Time to find a bankruptcy lawyer.

Spence..while your talking with that Bankruptcy Lawyer...maybe you should have them find out if CRE used that truck to haul a load while it was being recovered!!! They might well owe you a bit!! :lol:
Don't give em an inch.....cuz they want more than a mile.

[Snowman7]

You gotta ask yourself if that "rent to own" deal is really the best way to get a new couch!

[yoopr]

Originally Posted by Orangetxguy

Spence..while your talking with that Bankruptcy Lawyer...maybe you should have them find out if CRE used that truck to haul a load while it was being recovered!!! They might well owe you a bit!! :lol:
Don't give em an inch.....cuz they want more than a mile.

Good point and easily documented

[Rev.Vassago]

Originally Posted by Orangetxguy

Spence..while your talking with that Bankruptcy Lawyer...maybe you should have them find out if CRE used that truck to haul a load while it was being recovered!!! They might well owe you a bit!! :lol:

Irrelevant. It was CRE's truck to do what they wanted (including hauling freight), and if he didn't bring it to where he was obligated to by his contract, then they can hit him with the fees. I would be willing to bet that everything he was charged for was listed in the contract he signed.

[yoopr]

Originally Posted by Rev.Vassago

Irrelevant. It was CRE's truck to do what they wanted (including hauling freight), and if he didn't bring it to where he was obligated to by his contract, then they can hit him with the fees. I would be willing to bet that everything he was charged for was listed in the contract he signed.

You're missing the Point-IF he had his lease payment paid in advance and they used his truck to haul a load all money that the truck made would go to the person with the Lease.

[Orangetxguy]

Actually, I was thinking more about the fact that the truck, even if it was leased to Spence, was registered as his truck...unless they did a title change the moment that CRE took it back.

[Rev.Vassago]

Originally Posted by Orangetxguy

Actually, I was thinking more about the fact that the truck, even if it was leased to Spence, was registered as his truck...unless they did a title change the moment that CRE took it back.

Under a L/P, the truck is NEVER titled in the Lessee's name. CRE always was listed as the owner of the truck.

Originally Posted by yoopr

You're missing the Point-IF he had his lease payment paid in advance and they used his truck to haul a load all money that the truck made would go to the person with the Lease.

I doubt they picked up the truck before his rental (lease) period was up. And if they did, all they would have to pay him is the per-mile rate that they truck normally would earn, minus any fuel, insurance, escrow, etc. expenses that would normally come out. In fact, with as crappy as they pay, he may have ended up owing them even more!

[Useless]

Originally Posted by Orangetxguy

Spence..while your talking with that Bankruptcy Lawyer...maybe you should have them find out if CRE used that truck to haul a load while it was being recovered!!!

The Rev:

Irrelevant.

Not neccessarily, Rev!!

The Rev.:

It was CRE's truck to do what they wanted (including hauling freight), and if he didn't bring it to where he was obligated to by his contract, then they can hit him with the fees.

Spencerain,

You DO need to consult a bankruptcy lawyer, but with the help of a good one, you may be able to avoid having to file for bankruptcy. Will it cost you plenty?? Yep!!...but there IS a way to restructure the debt, and with the changes in bankruptcy law that were enacted a couple of years ago, you will most likely be required to repay some part of the debt, even if you file. A good bankruptcy lawyer could help you with that.

At the same time, while CRE clearly has SOME justification to make a claim against you, a bankruptcy attorney can force CRE to demonstrate that they took reasonable measures, and made a reasonable effort to mitigate damages. Courts throughout the land, at just about every level, have repeatedly ruled that a plaintiff in many different types of tort cases as well as cased involving contractual matters, and perceived breaches of contract, matters involving contracts have an obligation to first attempt to mitigate any damages. Why?? Because society as a whole benefits when less damage is done.

The Rev.:

I would be willing to bet that everything he was charged for was listed in the contract he signed.

And, you may well be 100% correct in that opinion; or, maybe not!!

Spencerain, what you signed is called an "Adhesion Contract"; it is a contract offered by a party of greater power to a party of lesser bargaining power, and it is offered on a "Take it, or leave it" basis. There is some limited room for negotiation in some particular areas, but it does NOT allow a party of lesser power to negotiate the basic terms of the contract itself.

Now different courts in different parts of the country have viewed these contracts in different ways. Consequently, a judge in Texas may rule one way in a dispute, while a judge in California may rule differently. Which ruling would be valid??

Actually, both!! Why?? For one thing, we are talking about courts at the State Level. Another consideration is that the judicial temperament in one part of the country may well differ from the jusicial themperamnt in other parts of the country!!

Federal Courts will, for the most part, hold the stronger party in an Adhesion Contract to a higher standard in terms of how they view enforceability of certain aspects of a contract, and to a higher standard where issues of mitigation of damages are claimed.

What is important is that bankruptcy involves courts at the Federal level, where the parameters are more clearly defined. Given the fact thar CRE has already had its' share of problems with contractual enforcement and claims of damages which have not been supported in the courts, there is a very strong possibility that a good bankruptcy attorney can help you in reducing CRE's claim against you, and in forcing CRE to accept a reduced settlement with an affordable repayment plan. (which, you are going to have to pay to some degree in any event.)

The main thing here is, DO NOT WAIT!!! Go flip burgers to get the bucks to retain an attorney if you need to, but the sooner you seek competent legal counsel, the better off you will be.

Trust me, CRE would be far better off with a reduced settlement if they can avoid the cost of persuing a claim against you.