User Tag List

Reply
 
LinkBack Thread Tools
  #1  
Old 04-30-2010, 02:24 PM
Scottt's Avatar
Senior Board Member
Thread Starter
Join Date: Jun 2007
Location: Iowa
Posts: 505
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Default Base Plate

I am leased to a carrier and pay for my base plate ($1862)

If I decide to leave the company and get my own authority should the balance of the base plate be refunded to me? I am hearing from other people that were leased on to the company say there is no refund and the company sells the plate to the next leassee prorated at $155 a month.

Is there any regulation that explains this. I have looked and can't find anything.

Has anyone ever been in this situation and what did you do?

I would think it would be a small claims court case if nothing else?
Reply With Quote
  #2  
Old 04-30-2010, 04:11 PM
chris1's Avatar
Senior Board Member
Join Date: Jan 2009
Posts: 847
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Default

Not all states will pro-rate the un-used portion. That means your stuck for the full amount unless they use it on another truck.
Reply With Quote
  #3  
Old 04-30-2010, 07:48 PM
Scottt's Avatar
Senior Board Member
Thread Starter
Join Date: Jun 2007
Location: Iowa
Posts: 505
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Default

Quote:
Originally Posted by chris1 View Post
Not all states will pro-rate the un-used portion. That means your stuck for the full amount unless they use it on another truck.
That's what I am saying. I heard they don't give a refund, then charge the next guy they hire the pro-rated rate for the same plate that I have already paid the entire year on.

So the company is making money on just the plates if it is used a few times during the year when someone quits and a new truck leases on.

Shouldn't each time someone quits get a refund on the balance of the year when the plate will be used on the next truck that leases on?
Reply With Quote
  #4  
Old 05-01-2010, 03:16 AM
no_worries's Avatar
Senior Board Member
Join Date: Apr 2006
Posts: 1,154
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Default

I've never seen a contract that didn't specifically address this issue.
Reply With Quote
  #5  
Old 05-01-2010, 04:03 AM
BanditsCousin's Avatar
Senior Board Member
Join Date: Jun 2004
Location: Chicago, IL
Posts: 3,800
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Default

If they can use it on another leased o/o's truck they will, but there is no guarantee.
__________________
Mud, sweat, and gears
Reply With Quote
  #6  
Old 05-01-2010, 04:16 AM
AC120's Avatar
Member
Join Date: Jun 2005
Location: Grass Valley, CA
Posts: 194
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Default

Scottt -- Does your contract address this issue? Mine did, and it was a no-refund deal on paper, but they actually pro-rated a return. My contract didn't say anything about the next guy.
Reply With Quote
  #7  
Old 05-01-2010, 10:50 AM
chris1's Avatar
Senior Board Member
Join Date: Jan 2009
Posts: 847
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Default

Quote:
Originally Posted by Scottt View Post
That's what I am saying. I heard they don't give a refund, then charge the next guy they hire the pro-rated rate for the same plate that I have already paid the entire year on.

So the company is making money on just the plates if it is used a few times during the year when someone quits and a new truck leases on.

Shouldn't each time someone quits get a refund on the balance of the year when the plate will be used on the next truck that leases on?
If they transfer the plate to another truck you should get a pro-rated refund after the transfer. It should be addressed in your lease.
Plates do not fall under federal regs,(commonly called the truth in leasing laws)but under contract law. If it is not addressed then it is open for interpretation by the court.
Reply With Quote
  #8  
Old 05-01-2010, 02:40 PM
Scottt's Avatar
Senior Board Member
Thread Starter
Join Date: Jun 2007
Location: Iowa
Posts: 505
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Default

I can't find anything about the plate addressed in the lease agreement.

I was told by other local drivers to put a mechanics lien on the trailer if they wouldn't give a refund. Anyone heard of doing that?
Reply With Quote
  #9  
Old 05-01-2010, 02:46 PM
chris1's Avatar
Senior Board Member
Join Date: Jan 2009
Posts: 847
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Default

If it isn't in the contract(lease)it doesn't exist.(other than the federal lease law) How would you justify a lien to the court without anything to back it up?
Reply With Quote
  #10  
Old 05-01-2010, 03:52 PM
Fredog's Avatar
Senior Board Member
Join Date: Apr 2005
Location: North Georgia
Posts: 3,756
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Default

this is why you should always get the plate on your own, then if you change companies, there is no problem
Reply With Quote
Reply






Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT. The time now is 07:44 AM.


User Alert System provided by Advanced User Tagging v3.3.0 (Lite) - vBulletin Mods & Addons Copyright © 2024 DragonByte Technologies Ltd.