Am I responsible for the freight charges?
I bought a spa online. I paid this company for the spa and the freight charges. Evidently this company never paid the trucking company who subsequently filed bankruptcy. Now the trucking company is stating since we benefited from the transportation they have billed me for the freight charges. The company I bought the spa from said "just ignore it" Not happy with this company as they have not provided proof they paid the freight charges to this Trucking company. What is my legal obligations here?
Posted September 9th, 2010 in When To File Bankruptcy. Tagged: bankruptcy, legal obligations, proof, spa, trucking company.
If you have a receipt showing you already paid the freight, you are in the clear. You did not hire the trucking company and have no obligation to pay them.
It’s the trucking company that filed for bankruptcy, right? If it was the say company, then the trucking company is really out of luck.
September 9th, 2010 at 4:36 amDo you have a receipt from the spa company, showing it included freight? if so I wouldn’t do anything except tell the trucking company you have that. Let them take you to court if they have to. But, it won’t go that far, they would spend more in court costs than the shipping was.
September 9th, 2010 at 4:36 amI don’t know what state you live in, so I don’t know the law for your specific state. However, if you did not "order" the transportation and you have already received the merchandise, you are under no obligation to pay the trucking company. This is an attempt by the trucking company to collect some money since they know they haven’t a snowball’s chance in hell of collecting it from the now-bankrupt seller.
The thing is, technically, they HAVE been paid for the transportation services. They extended credit — and took the risk — to the seller/shipper. The fact that the account hasn’t been paid by the shipper has nothing to do with you.
I wouldn’t ignore it, but I would write the trucking company a letter in response saying that you did not order the transportation from them, and that you have absolutely no intention of paying them what they should be collecting from the shipper.
Good luck!
September 9th, 2010 at 4:36 am