big problems with storage and shipping can anyone help?

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about a year ago i moved with executive international in anaheim ca to hawaii. move was door to door with about a year and a half of storage at executive facility in anaheim.

purchased a $1,000.00 insurance policy ($40,000 worth of ins) from executive when they were ready to ship.

delivery was done by island movers locally and after they delivered they told me any damaged or missing items would be handled by insurance and not them. so i signed their delivery form and later discovered my two big screens were beyond repair (internal damage) many oter items were missing and damaged. Plus was told that items that were taken apart by them for the move would be put back together exactly like they were before the move. (was not done).

started a claim with executive in calif and told to fill out forms and send them in as i discoverd the damages etc.

at this point after sever weeks of working with them the girl that was helping me at executive would not return my calls. i was passed on to somebody else who said they new nothing about claims or my situation but after a couple of weeks got me the name and number of allied international and said they ware responsible for my claim (executive dropped the ball)

before i even contacted allied (i never had heard of allied before) they contacted me sending a 500.00 check due to damaged items paid by weight (this is included in your move if you purchase added insurance or not so was not part of my policy)

when i contacted allied the person who was in charge of that department was on vacation for a month. when i finally reached her (extremly nasty ) i was told i could not add items to the weight due to the time to file being expired (if she was not on vacation it would have still been in the time frame). when i told her about the additional insurance policy i purchased she said they had no records.

i was given no help at all in finding added insurance policy i called different departments for over a year. the girl at allied did nothing but stonewall and be a bitch the whole time. finally it showed up in my original executive file (how they overlooked it for a year i have no idea) and i was asked to get an estimate for the big screen tvs plus resubmit my other forms.

today they sent an email saying they could not honor my claim. what should i do? would a lawyer be worth the expense? is there a board (insurance board, better business bureau etc etc) i could complain to? i am really pissed. appreciate any help!
 

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here is the email they sent me it is total bullshit.



After a thorough review of your claim, it has been determined that further compensation is not warranted due to the following issues:
1). There was Significant (PED) pre-existing damage on (all) the majority of your items when they were put into storage (2/20/03) in February, 2003. You signed the packing inventory indicating that you agreed to what was listed there-in on 2/20/03.
2). There are a Large # of (PBO) items which were noted as owner packed on the packing inventory.
3). Items with pre-existing damages and owner packed items (PED & PBO) are not covered under the Insurance policy
4). No storage insurance was purchased through North American International to cover your goods while in storage. If you had chosen to insure your goods while in storage, you would have had to pay $100.00 per month to insure while in storage - we cannot insure retroactively.
5). Your shipment was Not stored in the international system, thus any new damages would have had to have been noted (@) on the signed delivery inventory. As no additional damages were listed on the signed delivery inventory, which you signed on 3/7/05 there is no indication that the damages reported were not those which were existent at the time of packing.
I apologize for having over looked these details when I originally received your claim form, however due to the issues mentioned above North American International’s liability on your claim is $0.00 (zero dollars). Thus, you have already been over compensated on your claim in the amount of $537.00. We regret we are unable to settle your claim in the manner in which you requested but hope you can understand our position in this matter.
Warm Regards,
Sandra Turner
International Claims Specialist
Phone: 630-570-3577
Fax: 630-570-3496
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wow, i'm bumping this so hopefully u can get some advice...

makes me cringe thinking i might have to deal wiht this shit some day.
i dont want to grow up
 

Rx Wizard
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File a complaint with the Hawaii State Dept. of Commerce and Consumer Affairs, Insuance Division. Info is on the net. However, they are currently very understaffed right now and all they can really do is write some letters and let the carrier know they have begun an official investigation. While you are at it, you also might want to file a complaint with the California Insurance Commissioners office. Keep the pressure on them.

Depending on how much you are seeking, an attorney may well be worth it.

If its not much, you could just chance small claims court in Hilo. Statutory limit is $3500 but its cheap and you can do it yourself.
 

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thanks guys....ppeter can i file small claims in hawaii even though the move was from and original company is in ca and their affiliate who i have been dealing with is somewhere back east?

the worst part of this is that we lost kids mementos that can't be replaced but are worthless to anyone else.
 

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Sounds like a " skin the cat" job on their part. Bullshit the policy holder until they get subpeoned, then the " lets settle out of court" calls start.

Check the legitimacy of the underwriting company, are they backed by a global insurer, say LLoyds of London?

If they are burning folks on these policies, I'm sure someone at the Justice department would like to hear about it.
 

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I think you don't have much of a leg to stand on here. You signed the following documents:
  • Insurance Policy
  • Packing inventory
  • Delivery Inventory
all of which contain language that is working against you. Your best way to get out of these agreements would be to prove that you essentially signed these under duress, especially the inventory forms. Did you really sign a form stating that your items had a lot of pre-existing damage? Did they give you sufficient time to inspect your shipment before you had to sign the delivery inventory? Many of these standardized contracts that companies get you to sign are long and if there is a dispute the agreements can be thrown out because a "reasonable man" wouldn't be able to decipher the legalese contained in the forms in a short amount of time. Anything they told you verbally is going to be superseded by these forms, especially considering the amount of people you have dealt with, and your lack of documentation of these conversations.
 

Rx Wizard
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Hilo Boy said:
thanks guys....ppeter can i file small claims in hawaii even though the move was from and original company is in ca and their affiliate who i have been dealing with is somewhere back east?

the worst part of this is that we lost kids mementos that can't be replaced but are worthless to anyone else.


Yes, corporations doing business in Hawaii are within the jurisdiction. Service is usually done via certified mail.

Hope this answers your questions:

http://www.hawaii.gov/dcca/areas/rico/consumer_tips/smallclaims/index_html


You might want to consider calling the Hawaii State Bar Association to ask for referrals to Hilo area consumer attorneys. If any of them are intersted in your case, ask if they will give you a free consult. You might want to consider what they would have to say before making a decision to litigate yourself in small claims. If you lose in small claims, your claim will be forever barred even if you try again in a larger court or an adminstrative remedy, like the DCCA.
 

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they gave me no time to inspect anything they just dumped all the boxes off in the garage and left. they said all i was signing was to confirm the delivery by the moving company.

i never knowingly signed anything saying my items had pre existing damage. what idiot would pay to store broken items for a year and a half and then pay to ship them? thats crazy.
 

Rx. Junior
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I'd get a lawyer who knows this type of shit if i were you. problably worth the investment considering the cost of the stuff that's damaged.

sucks they're fucking you over like that.

GL man.
 

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