Escrow Interest
- Thread starter Moot
- Start date
My last carrier had a waiver built into the contract I think it was page 8, paragraph 32 sub paragraph 41, that escrow interest was not paid!!
READ the small print!!
READ the small print!!
Dave..so they have a loading charge plus they don't pay interest?
if there's nothing that refers to interest in your contract and P2 hasn't caught thier mistake then Federal Law would be relevent.
YTD totals on settlement? He knows that...he wants the interest owed to him. Is interest owed going to show up on YTD?
greg334
Veteran Expediter
Moot,
Call the settlement department and ask for an accounting of all the transactions in the Escrow account. They are to provide you this and it is not a policy for them not to disclose the transactions. If it is not on the settlement sheets, then they have to provide other means for you to get that info.
OVM, that is not legal, Express-1 has control of your money and the Feds created the rules so the carriers can't take them money and make more money on it while you are paying taxes on it. They told all carriers that there is to be interest paid on the account, it is not a contractual obligation but a Federal obligation. If they are putting that money into an interest bearing account and not providing the interest to you directly, then they are in violation of a couple laws, one has to do with the IRS and how they are reporting their income and yours. You earn that money and you pay taxes on it, is should be included in your 1099 at the end of the year but if they make money on money that you are paying taxes on, then there is a problem.
376.12
(k) Escrow funds If escrow funds are required, the lease shall specify:
(k)(1) The amount of any escrow fund or performance bond required to be paid by the lessor to the authorized carrier or to a third party.
(k)(2) The specific items to which the escrow fund can be applied.
(k)(3) That while the escrow fund is under the control of the authorized carrier, the authorized carrier shall provide an accounting to the lessor of any transactions involving such fund. The carrier shall perform this accounting in one of the following ways:
(k)(3)(i) By clearly indicating in individual settlement sheets the amount and description of any deduction or addition made to the escrow fund; or
(k)(3)(ii) By providing a separate accounting to the lessor of any transactions involving the escrow fund. This separate accounting shall be done on a monthly basis.
(k)(4) The right of the lessor to demand to have an accounting for transactions involving the escrow fund at any time.
(k)(5) That while the escrow fund is under the control of the carrier, the carrier shall pay interest on the escrow fund on at least a quarterly basis. For purposes of calculating the balance of the escrow fund on which interest must be paid, the carrier may deduct a sum equal to the average advance made to the individual lessor during the period of time for which interest is paid. The interest rate shall be established on the date the interest period begins and shall be at least equal to the average yield or equivalent coupon issue yield on 91day, 13week Treasury bills as established in the weekly auction by the Department of Treasury.
(k)(6) The conditions the lessor must fulfill in order to have the escrow fund returned. At the time of the return of the escrow fund, the authorized carrier may deduct monies for those obligations incurred by the lessor which have been previously specified in the lease, and shall provide a final accounting to the lessor or all such final deductions made to the escrow fund. The lease shall further specify that in no event shall the escrow fund be returned later than 45 days from the date of termination.
Call the settlement department and ask for an accounting of all the transactions in the Escrow account. They are to provide you this and it is not a policy for them not to disclose the transactions. If it is not on the settlement sheets, then they have to provide other means for you to get that info.
OVM, that is not legal, Express-1 has control of your money and the Feds created the rules so the carriers can't take them money and make more money on it while you are paying taxes on it. They told all carriers that there is to be interest paid on the account, it is not a contractual obligation but a Federal obligation. If they are putting that money into an interest bearing account and not providing the interest to you directly, then they are in violation of a couple laws, one has to do with the IRS and how they are reporting their income and yours. You earn that money and you pay taxes on it, is should be included in your 1099 at the end of the year but if they make money on money that you are paying taxes on, then there is a problem.
376.12
(k) Escrow funds If escrow funds are required, the lease shall specify:
(k)(1) The amount of any escrow fund or performance bond required to be paid by the lessor to the authorized carrier or to a third party.
(k)(2) The specific items to which the escrow fund can be applied.
(k)(3) That while the escrow fund is under the control of the authorized carrier, the authorized carrier shall provide an accounting to the lessor of any transactions involving such fund. The carrier shall perform this accounting in one of the following ways:
(k)(3)(i) By clearly indicating in individual settlement sheets the amount and description of any deduction or addition made to the escrow fund; or
(k)(3)(ii) By providing a separate accounting to the lessor of any transactions involving the escrow fund. This separate accounting shall be done on a monthly basis.
(k)(4) The right of the lessor to demand to have an accounting for transactions involving the escrow fund at any time.
(k)(5) That while the escrow fund is under the control of the carrier, the carrier shall pay interest on the escrow fund on at least a quarterly basis. For purposes of calculating the balance of the escrow fund on which interest must be paid, the carrier may deduct a sum equal to the average advance made to the individual lessor during the period of time for which interest is paid. The interest rate shall be established on the date the interest period begins and shall be at least equal to the average yield or equivalent coupon issue yield on 91day, 13week Treasury bills as established in the weekly auction by the Department of Treasury.
(k)(6) The conditions the lessor must fulfill in order to have the escrow fund returned. At the time of the return of the escrow fund, the authorized carrier may deduct monies for those obligations incurred by the lessor which have been previously specified in the lease, and shall provide a final accounting to the lessor or all such final deductions made to the escrow fund. The lease shall further specify that in no event shall the escrow fund be returned later than 45 days from the date of termination.
No, I don't know that and that is why I asked. It was two separate questions. For the life of me I can not get my gross pay from my settlements to match my 1099. Only off by a couple of hundred.
It just floors me that they can't carry a running YTD gross from settlement to settlement. Do they have a 4 fingered abacus operator?
As for the escrow, I keep getting palmed off to people.
My escrow dispute was with Dynamex...i questioned them and they showed me where I signed off the waver!! NOW Greg says they can't end run federal law....almost 5 years having my 1,000 bucks!!
nightcreacher
Veteran Expediter
at fecc we have ytd totals,it shows my interest and my balance in the escrow account