How much if any should the moving company refund?

UPDATED: Oct 1, 2022

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How much if any should the moving company refund?

I moved with a national moving company from OH to NY. They picked everything up on 06/27. Weather permitting, the local agent will be delivering everything on 07/24. The contract I signed with them guaranteed delivery by 07/10. The delay was caused by their not being able to find a storage container for shipping. The move was booked about a month in advance. The shipment did not leave OH until 07/10. I asked him for money back a few weeks ago. He responded on 7/10 that he can’t do claims on a standard rate move. The rights responsibilities from the moving company said the contract will lay out any penalty or per diem responsibilities if a shipment is delayed. The contract doesn’t. They have paid for a bed couch since 07/11. The move was paid with my credit card. The credit card company said that I can do a partial dispute. I was going to ask him for a partial refund again. I’m dealing with the VP of Operations at the OH agency. I paid about $2800 for the move.

Asked on July 20, 2018 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Double check the contract: it is very rare or unusual for such a contract to NOT specify "damage" or compensation limits for delayed moves. If you are correct, then you could sue the mover for any costs you can show were caused by the delay. For example, due to not having your kitchen set, you have had to do take in--you could sue for that cost. If clothing was not delivered and you had to buy clothing, you could sue for that; etc.
Alternatively, you could do as your credit card issuer suggested and do a partial dispute rather than suing, based on their breach of their agreement (not meeting the agreed-upon delivery date). The amount of the dispute, however, would typically again be linked to the losses or costs you can show were caused by the delay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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