GIVE UP

**chuckwagon** · 01-04-2007, 06:24 PM

I am totally frustrated with the refusal of this site to allow drivers to question the ethics and business practices of carriers who advertise on this site.

I have posted two statements on this site within the last few hours, this being the third, with the previous two being taken down. I understood the first one, after re-reading it I believe it put this site in a bad situation.

However, the second one I do not understand nor will I understand when they jack this one off the site as well.

SO, I will try this again and make it even more brief. It has been shown to me how a carrier (who this time I will not mention) has blackballed my DAC report.

I want to hear from others how I can correct his report. I have spoken to the carrier and they refuse to make any changes to the report.

I have been told a driver has no recourse with DAC. So who do I turn to.

I forced an o/o to come to my house and pick up his truck instead of returning it to him. He had not paid me, refused to pay me and thus the problem began to get worse and worse as the days proceeded.

This carrier warned me they would issue a warrant for my arrest if I did not return the truck, the o/o and I finally reached an agreement and he came and got his truck and paid me some of my money. Therefore, what gives the carrier the right now to blackball me.

Now - can I get some input?
Will this site have enough hair to leave this post on here (I did not mention any of your carrier advertisers)

I admit now I should have just returned it - but I was not paid, did not have the money to fuel it again.

In addition, this carrier was no where near paying out the per mileage fees they claimed. I was under $1.00 for every trip I took in a straight truck.

**rollnthunder** · 01-04-2007, 06:24 PM

I wont touch any freight under a $1.10 a mile and i only take stuff that low to get me out of a dead spot.So to be hauling freight for under a $1.00 is crazy.Everyone has a different cost per mile to run that truck.I know what mine is and i know what my absolute bottom dollar is that i can haul freight and still make some cash.If they offered me runs all the time for less then a $1.00 then i guess it would be time for me to look at another carrier or get out the business all together.

**greg334** · 01-04-2007, 06:54 PM

You said; "This carrier warned me they would issue a warrant for my arrest if I did not return the truck, the o/o and I finally reached an agreement and he came and got his truck and paid me some of my money. Therefore, what gives the carrier the right now to blackball me."

I can't see a reason why a carrier has the right to get a court order to get this done, it is none of their business being it is property of the owner who is a contractor of the company. I would even go so far as to say it is none of their business about settlements or anything else for that matter. Involving themselves like that could bring you to force an issue with the courts for liable or slander - but this is not my place to determine that. I know of two cases where a contractor sued over this issue but I think both were settled out of court for a lot of money.

I know in the IT world, it was not uncommon to terminate contracts quickly and pay the contractor in some cases within 6 weeks after all equiptment is returned. But at no time has a client ever ever got involved with a contracting house/contractor issues unless dragged into court by the contractor - which in my former employer's case would consitute a law suit against the contracting house.

Now I mentioned OOIDA before, will again - OOIDA. Beside that, the DAC system is, if I remember right, being sued over this issue. So this brings up the point what exactly is on the report, did you run over something, dump the load off the back of the truck?

**RichM** · 01-04-2007, 07:04 PM

No need to give up. You can contact DAC to see what exactly was said about you. Then you can send a rebuttal to their statement outling what you went through. They will post this rebuttal along with the original complaint.It is similar to a credit report. I contacted DAC once and found them to be very pleasant and agreeable.
Also I agree with Gregg, the carrier's relationship is with their contracted o/o. Your subcontact with the O/O is essentially none of their business.

**terryandrene** · 01-04-2007, 07:11 PM

Chuck:

Back in November you told us, in this forum, that you intended to hold your owners truck hostage if he didn't pay you what you believed you had coming your way. You receivedd the following advice on 18 Nov.:

There is no shortage of disrespect, in these fora, for those owners who fail to abide by their agreement to pay their drivers for services rendered. Any driver who allows more than one pay period to pass without due compensation should seriously consider leaving that owner and seeking other job opportunities.

Notwithstanding an owners failure to pay, a driver should immediately return the owners vehicle and property upon dissolution of the lease agreement or employment. The driver should then seek payment due through our legal system. Not an easy remedy, but perhaps the only viable recourse. Should a driver decide to no longer work for the owner, but continue to keep his vehicle, the driver might be prosecuted for unlawful bailment of the owner's property.

The old adage "two wrongs don't make a right" is an appropriate phrase in this instance. Don't allow your hold-back of the owner's vehicle to place you in the owner's company.

You appear to be seeking advice here, yet you fail to heed advice given and now you solicit our membership to join your vendetta against a company that took action they deemed appropriate, and legal.

I don't know what your recourse is for disputing a DAC entry under your name, but you should not try to drag EO or it's membership into finding a solution for your indiscretions

**arkjarhead** · 01-04-2007, 09:16 PM

i have gone to court and i have a lien on an owner's truck who didn't pay me. 3,563.18 to be exact. proved it got the lien. if he wants to sell that truck he has to pay me first.

**arkjarhead** · 01-04-2007, 09:19 PM

or u can always take him to judge judy. a court show could fill up a month's worth of shows from nothing but cases where expedite fleet owners jacked around thier drivers. i wonder if that would help recruitment. panther helped my former boss screw me over.

**chuckwagon** · 01-04-2007, 09:38 PM

Terry -

Let me get something through to you and make it very very clear.
You said that I had previously sought advice, on another tread, regarding this issue and said then I would hold the truck if need be.

I do not disagree with what I said, nor am I hiding the fact I handle this issue incorrectly, if given the chance I would handle it in a different fashion.

However, your claim that I am trying to, as you put it "solicit our membership to join your vendetta against a company that took action they deemed appropriate, and legal," is an unfair claim.

I am simply asking fellow drivers for their input and suggestions. I refuse to believe that you are that ignorant thinking I am here trying to drag other people directly into this. I am not asking for signed statements, past records of previous driver, phone numbers, addresses, etc.

I made the first mistake signing on with the o/o (which I have never mentioned his name), I admit when I make mistakes, that is just how I am.

But, for you people to sit by and take this nonsense and corrupt business practices, lieing, cheating, etc from these carriers is appauling. Then for you to get on here and accuse me of being the bad guy is even more disturbing.

So, let me assure everyone - I no not seek to have people "join me" in some vendetta against the company - I will and can handle any action suggested to me that I can take on my own. I am only seeking some advice on what I can do from people who have went through this or from people that know what I can do.

This site took down to previous post that they felt would cause them harm from the carrier and I understand, or at least the first post, as it was very direct and did mention the carrier. So I understand that from the liable point and from a business view, heck the carrier may advertise here.

I want to thank EO for allowing a more restrictive post as it still allows me to receive some feedback without causing them any harm.

**davekc** · 01-04-2007, 10:12 PM

But, for you people to sit by and take this nonsense and corrupt business practices, lieing, cheating, etc from these carriers is appauling. Then for you to get on here and accuse me of being the bad guy is even more disturbing
================================================== ========
I don't see anyone of accusing you of being a bad guy. Upon your own admissions, making some poor decisions. As to whether a carrier is corrupt or not, it is only your opinion regardless of the carrier.
Your bigger issue is the owner rather than the carrier.
As mentioned, OOIDA should be able to assist you with issues surrounding DAC.
Since you were an independent contractor, whatever rates you ran at, was your decision. Anything could have been declined. Enough decline, the carrier is out of business.
I don't know the specifics of the contract you signed, but I can tell you that if your driving duration was short with this owner, he likely wanted to recover his truck and return costs since he probably had no escrow.
Why should he pay to get his own truck returned whether you have the money or not? It sounds like he was holding those costs from your settlement.

Davekc
owner
22 years
PantherII
EO moderator

**targuard86** · 01-04-2007, 10:15 PM

What does your report say?

If it says you abandoned a truck........you did. 2 wrongs don't make a right. You did exactly what everyone advised you not to do and now you want to cry foul when you got what you deserved; assuming it says you abandoned the truck.

There are ways to fight for what you believe you are owed but what you did was wrong and you have to accept the responsibility for what you did.

If a driver of mine did that I'd do everything I could to put him in jail.

**chuckwagon** · 01-04-2007, 10:30 PM

tar -

I have accepted blame or whatever you want to call it for my role in this incident.

However, are you actually saying, that when a person makes this kind of mistake, and lets put getting shafted out of money, lied to about rates, etc to the side, are you actually sitting there saying I should have to pay for this for the rest of my life?

I SURE AM GLAD WHEN I DIE I DO NOT HAVE TO ANSWER TO YOU!!!!!

Also, being formerly in law enforcement, I can tell you that no crime was committed. I did not quit as I had to give a 30-day notice and I never did that, also he never terminated my employment and I was not refusing to take any loads - I just did not get any calls.

There was NEVER a refusal to turn the truck over to him, only an issue of if I would bring it to him or if he would come and get it, after I was paid my money - that was it. The dollar figure owed was the issue and we worked that out ourselfs.

**targuard86** · 01-04-2007, 10:36 PM

Its up to the people who hire you, or don't hire you, how long or if they "punish" you.

Again, what does your report say? If it says you abandoned the truck, the report is correct.

**davekc** · 01-04-2007, 10:49 PM

Are you sure you haven't had a few too many cold ones?

Your quote in this thread.

forced an o/o to come to my house and pick up his truck instead of returning it to him. He had not paid me, refused to pay me and thus the problem began to get worse and worse as the days proceeded.
================================================== =========
If you are forcing the O/O to come to your house to retrieve his truck, what would you call it?
I call it abandoned. Your money issue was likely a result of this. If you refused to return it, he was going to charge you. I would charge you as well. Again, why should the owner have to pay?
Also, if you indicated he was to pick up his truck from you, that would be interpreted as a breach of your contract with regards to your mentioned 30 day clause.
Kinda like a DWI......yes, abandoning or failure to return a vehicle regardless of the reason, will stay for awhile. Might have been a mistake, but a costly one.
In the future, I would advise consulting a transportation attorney, PRIOR to taking the actions that you did.

Davekc
owner
22 years
PantherII
EO moderator

**chuckwagon** · 01-04-2007, 10:56 PM

davek -

You are a funny child - a don't even drink so thanks for the rude and non-funny comment.

I did not leave the truck as you claim!

I knew where it was, had the keys to it, even told him where it was.

Why is it I am wasting my time defending my actions and mistakes but yet no one seems to think the carrier or the owner operator may be at fault here as well.

Is it true that drivers have no recourse, no support, no chance of ever standing up to a carrier and/or owner-operator. Is it true that carriers are always right and that it is the independent driver that is the idiot, the person that is always wrong, the person that has no rights?

**Tennesseahawk** · 01-04-2007, 11:16 PM

Chuck... What puzzles me is what did YOU do to get a bad mark on your DAC? I've never heard of an expediting company putting something negative on a DAC. It must've been bad... especially since you weren't there long. What exactly pizzed them off enough, if that's what they indeed did? Abandoning a vehicle doesn't cut it in my eyes, as the vehicle isn't the carrier's property. But I could be wrong. In every experience I've heard, the carrier stays out of disputes between drivers and owners.

Something is missing here. I'm sorry Chuck, your story has holes in it. And something that has holes in it doesn't hold much water. Please clarify.

"If I claim to be a wise man, it surely means that I don't know." - Kansas