need advice

Suds43

Seasoned Expediter
I need a little advice on what to do about this.
I'm sure other's have found themselves in this situation. Curious on how they handled it.
I drove for an van owner for about 9-10 weeks. The original agreement was a 80/20 split. Van owner brought up the 80% to me + 100% FSC, I take care of all van expenses, fuel, oil changes. Owner paid any other maintenance on the vehicle, and other expenses, van payments, insurance, etc.
He stated he needed $1100 a month to cover his expenses, van payment, ins. etc.
$1100 a month?????? Just how much did he pay for this van?? I talked with other owners and the most I heard was another driver paying $400 a month. One guy told me it cost him $164/week, or $654/mth. which covered everything, van payment, insurance, q-c payment.
Well, after signing the contract things turned into $1100/mth. "van usage fee", and his 20% turned into .20 per mile to him for all loaded miles.
Luckily we did get 50% 'draw' on every load, not including FSC. We did get a very small amount that would 'trickle' down to us, but most Fridays we'd call and ask how much was deposited to our acct. for the weeks pay, which should have been the other 30% of the load pay. Most weeks it would be nothing.
Luckily we (my wife) kept very good records on every load....Deadhead miles, loaded miles, deadhead pay, loaded mile pay, FSC., the works on every load! We knew exactly what should be comming as our pay on every load. Everyone knows that the FSC isn't meant to pay for all the fuel, most loads we'd be taking money out of our own pockets to pay for fuel after the FSC. THEN, the company would charge us 15% on every advance we took and put on comdata!!!!! What a rip off!!! We'd use the comdata to pay for fuel, expenses, etc.
Played the 'no pay' game for about 9 weeks, finally had enough and quit......HOw long can anyone go with very little pay?! Ya'll know how expensive it is to live on the road, do that AND try to pay bills at home to.
We did get a small amt. from he owner after we quit, a little money that was owed to us from the last 2 loads we ran.
So my question, what would ya'll do in this situation? Persue what's still owed? Let it go and chalk it up to bad judgement?

considering changing my name on here from Suds43 to FlatBrokeInMo. Someone tell me, is there a big "S" tattoed on my forhead?? LOL S for SUCKER!!!
 

Turtle

Administrator
Staff member
Retired Expediter
Well, $1100 a month for a "van usage fee", which is really a lease, isn't really all that out of line when you consider that part of that would be the van payment, insurance and other expenses, plus a portion that would have to be set aside to cover any and all maintenance beyond oil changes, plus a little something left over for the owner in profit.

But, under such an agreement, where the owner requires a fixed payment per month, the $1100 should be all that the owner should get, and everything else should go to the driver. Or, the agreement should be a percentage, and no fixed amount should enter into it.

So, what I would have done is not sign the contract until any and all questions were answered in writing. If there is ever any ambiguity in a contract between an owner and a driver, it's the driver who will lose.
 

Crazynuff

Veteran Expediter
Re: the Comdata charges . The first advance from Comdata is usually at no charge . I had direct deposit from Comdata to my business checking account and used my debit card from that account for all purchases .
 

LDB

Veteran Expediter
Retired Expediter
What were the terms of your written contract? If what happened wasn't what was written in the contract I'd pursue it in small claims court. If it was what the contract said there's nothing to pursue. If you didn't have a written contract that spelled everything out in detail then the big S stands for stupid, as in stupid decision on this deal not stupid person. Everyone makes stupid decisions now and then. If that's the case this time then you probably have no recourse other than counting that as your tuition for the next time. Good luck with it.
 

fatboy1

Veteran Expediter
yeah wouldnt took me long to leave also no money no more working here,i dont know how some owners can sleep at nite doing things the way they do.i know the owners i worked for which can be counted on 1 hand with less than 3 fingers,have always held their end of the deal and money was ALWAYS ON TIME EVERY WEEK :D
 

chefdennis

Veteran Expediter
As Leo said, "we all make stupid mistakes" from time to time, God know I do daily!!

So here is my 2 cents worth, for what it is worth........

1st you need to look at all of the info that your wife kept and see if you are owed anything per the WRITTEN agreement. If you think you are, then contact the owner and go over thats figures and how you got to them.

Now that being said, you need to again make sure that whatever you think you are owed is per the WRITTEN agreement.Now if what was "TALKED" about isn't what was "WRITTEN AND SIGNED" it will be tough to collect anything other then what you signed for, not a good situation, but thats all that is legally biding.

Like I have told all of my kids and i am sure all parents here did the same thing and im pretty sure their parents told them the same thing (i know mine did), "you and dumb or stupid, but sometimes you sure do dumb or stupid things!"

You aren't a Sucker, nor are you dumb or stupid! See what can be worked out , good , bad or ugly and move on...........

Everyone involved with this are good people, no ones looking to screw anyone over............
 

BillChaffey

Veteran Expediter
Owner/Operator
US Navy
I would think the State your Contract was drawn up in will have some bearing on what's available Court wise. I agree Com Data are a car load of crooks, fee to get balance from any ATM, fee to use it at any ATM, fee to transfer balance from Com Data to personal or business acount.
 
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hondaking38

Veteran Expediter
$1100.00 isnt a far out there as you might think...average new van payment is $500.00 that doesnt include it being a diesel...just a gasser chevy van....add in all the other goodies you pay for. liability,qaulcom,text messaging,bobtail,ins and thats another 100.00 a week..now if its a 5 week month theres another 500.00 then dont forget escrow is 50.00 a week until its paid up...and guess what?? we didnt even get to emergency savings for tires etc...so yepp it can and will easily cost that..
 

LDB

Veteran Expediter
Retired Expediter
Unless the vehicle operator is going to receive the escrow money when eventually refunded that's not their responsibility and not their expense. I guess I'm either stupid or don't look at things the right way according to some but all I see my operators being responsible for is fuel, tolls, IFTA tax on the fuel and occ/acc insurance. The rest of the expenses are fully mine. Arguments could be made on both sides for several expense items but it's far simpler to do a 60/40 split with the operator being responsible for just those items mentioned and getting 60% of what the loads pay plus 100% of the fsc. That's all in writing so there's no confusion with either side not knowing or pleading ignorance in any way on who gets what money. The most important part of any driver agreement is GET IT IN WRITING.
 

Turtle

Administrator
Staff member
Retired Expediter
Like I have told all of my kids... "you and dumb or stupid, but sometimes you sure do dumb or stupid things!"


ApocalypseVictory.jpg

I love the smell of typo in the morning. Smells like.... comedy.
 

x06col

Veteran Expediter
Charter Member
Retired Expediter
US Army
Actually, I loved the smell of napalm in the morning. It usually meant i wasn't going to be too busy the rest of the day.

Regarding the other crisis, i'd say you should do the math if you were on the normal 60/40 and see where it sorts out at. At a minimum you'll prolly come to realize that 9 - 10 weeks won't be worth getting your shorts in a bunch over. jes mark it to edmaucation, an don't do it s'more.

Many wish they had not spent "what they got comming".
 

chefdennis

Veteran Expediter
LOL!! I didn't even see the typo till you "cut and pasted" it! But yea you are right!! And as X06 said, I also loved that "Smell", because we weren't doin much the for that day!!

LOL, I hope Suds got my point, even with the typo!!:D
 
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