Legal Question in Business Law in North Carolina
My question is whether I potentially have a strong enough case to further pursue with an attorney. I am specifically looking to see if this might constitute fraud or similar dishonest practices that can be held legally accountable.
Our carrier company was recently charged by our broker, on behalf of the merchant we delivered for. We had proof that the damage was on the shippers end, including photos and a signed proof of delivery that the damage was shipper end.
The broker is charging us thousands in damages. Only four boxes are damaged on the pallet. We are however also being charged the full price of the pallet. On the phone, we requested the goods we are paying for, if for nothing but inspection. We were denied salvage rights, including inspection. More so, the broker bypassed our insurance and went to the factoring company. We do have a permissible recording from a representative of the factoring company (permission to record was verbally granted) which we can use as testimony. Our factoring company indicated this was a common practice for this broker (pushing cases through, denying appeal and bypassing insurance), and they are considering recourse with the broker.
We had appealed the case with the broker. They processed the next day, despite our appeal, without consulting with us and notifying us of their decision. Again, this is apparently a common practice for this broker according to our factoring company. We only found out because our factoring company contacted us.
Since they denied salvage rights, I requested an explanation in writing. We did not receive any response from them.
I am wondering if their lack of transparency including denial of the right to collect, salvage or even inspect the claimed goods as well as their bypassing of our insurance may be a case for fraud. Again, they also will not answer any emails. They only speak over the phone.
1 Answer from Attorneys
This is a specialized area of the law and I do not practice in this area. How many "thousands" of dollars are you out? Do they already have your money, or trying to collect from you? Wish I could be more helpful.
Good luck.
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