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Me vs. Moving Company

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NefertitiX:
I need to pick your brains re: a consumer issue, possibly a small claims case. I'm in Georgia (though I lived in NY at the time the moving company was contracted).

I contracted with a moving company and paid a deposit. I provided them a form from my landlord indicating all the certificates of insurance required for them to effect the move. They only sent 2 of the 4 required COIs and sent movers on the day of move knowing they didn't have all the COIs. I called over and over and over on that day trying to clear this up with them and they wouldn't ever answer or provide any reassurance that the issue would be resolved that day or the next. At COB, I cancelled the move and hired other movers to make sure I'd be out in time. Based on them (1) not initially providing the necessary COIs and (2) not responding to my communication or providing reassurance at any point during the scheduled move day, I had no confidence they'd actually resolve the issue and cancelled the move in anticipatory breach of contract. I cancelled because of what happened the day off and I believed it'd happened again the next day and I would be on the hook for an additional $150.00 hr when they sent another set of movers without COIs. Any thoughts? Now they won't give me any of my deposit back despite the fact that they failed terribly on the day of. I'm thinking of taking them to court, am I right and do I have a case re: anticipatory breach?

Thanks in advance for any help you can offer.

BTW, here's what their contract says re: cancelling/rescheduling:
"RESCHEDULE / CANCEL OF SERVICE: Rescheduling your move date must be submitted in writing by the customer at least three (3) business days prior to service date, in order to avoid a rescheduling fee of $200.00. Cancellations for services completed more than 48 hours after booking will result in a forfeiture of the deposit, and is not refundable. The deposit can be used toward a future move within six months of your original move date. All cancellations for services made by customer less than three (3) business days prior to service date (including onsite service cancellation made by customer) do to unforeseen circumstances, or any additional services added to the account such as packing services, additional items to be moved, overnight service, storage services or packing materials usage, that are not included in the initial Estimate Cost For Service that was signed and approved by customer, the customer is fully responsible and will be charged the entire total Estimate Cost For Service given prior to service date. On site service cancellations will forfeit their deposit and may incur additional charges if the driver has started loading the truck. Customers will be charged $150.00/hr from the time they left the warehouse until they time they return. A customer will also be charged for any packing material used."

Bruno the JDB Killer:
I would argue that since they never fulfilled their end of the contract, they are not entitled to keep the deposit.  If no valid contract was ever formed, the terms of that contract are moot.

If they had provided the paperwork you asked for and you then cancelled, they might have a case, but that is not what happened.

wombat_ma:
Was a COI requirement written into the contract?

cgoodwin:
Sounds like a breach to me.  If they could not provide the service the day of the move because their failure to meet the requirements, that is not a cancellation on the customers part, that is a failure to perform on the businesses part.

wombat_ma:

--- Quote from: cgoodwin on April 04, 2016   06:17:09 PM ---Sounds like a breach to me.  If they could not provide the service the day of the move because their failure to meet the requirements, that is not a cancellation on the customers part, that is a failure to perform on the businesses part.

--- End quote ---

Correct, provided it could be proven that they were contractually required to provide necessary COI's.

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