Due to outstanding debt, a Surrey-based moving company took legal action against a client who allegedly failed to pay the full amount for the moving services.
Bekins Moving and Storage is a well-reviewed moving company with offices around the province. It offers long-distance moving services, local moving services, and storage.
Bekins claimed that Susan Lee failed to pay the full agreed-upon amount and claimed damages of $4,090.76. Lee contended that Bekins caused a significant delay due to the size of the van it brought. She added that the delay caused a greater financial expense than the damages Bekins claimed. Additionally, she claimed that Bekins had damaged and lost some items.
The BC Civil Resolution Tribunal was looking to determine if Bekins was owed the amount it claimed and whether or not Lee was entitled to any set-off due to her claims of lost or damaged items.
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Lee initially hired Bekins to move some furniture. The estimate suggested it would cost $195 per hour for 6.5 hours. A three-person crew was scheduled to handle the job. The estimate also stated that rates increase by 50 per cent after nine hours.
“The estimate stated ‘final charges will be based on actual time taken and materials used’ and that the time included travel to and from Bekins yard,” the tribunal decision notes.
The initial estimate was $1,542.42. Lee paid a $500 deposit and booked the move.
Once all was set and done, the move took over two days. The decision notes the dates and times of the move as follows:
- Oct. 19: Nine hours for three movers at $195 per hour,
- Oct. 19: Six hours for four movers’ overtime at $412.50 per hour, and
- Oct. 20: Six hours for two movers at $145 per hour.
“The total amount charged for the move was $5,633.18. Subtracting the $500 deposit Susan Lee paid, the unpaid balance shown on the Bill of Lading was $5,133.18. Susan Lee paid $1,042.42 by cheque, leaving $4,090.76 owing on the invoice.”
Lee alleged that the move took so long because the van was too small and wasn’t loaded until 5 p.m. She said she informed Bekins of the large items that would be moved before the move, including a piano and a patio set.
She claimed the delay caused her to get behind in finishing the move, leading to a loss of sleep and a flat tire. She added that the service from Bekins caused her to lose $3,780. However, Lee didn’t file a counterclaim.
According to Bekins’ version of events, once it arrived at Lee’s place, it realized the move would take longer than estimated, and Bekins said that Lee agreed to additional moving charges.
The tribunal decision states, “From the evidence before me and in the circumstances, I prefer Bekins’ version of events on the moving day. Susan Lee does not dispute that Bekins moved more goods than the estimate allowed for. She does not deny that she asked Bekins to return to move more items the following day.
Adding, “Susan Lee says that a larger van would have meant a faster move because it would not have taken as long to make all the items fit. However, I find it unlikely this would have made a significant difference in the moving time.”
Lee won $160 as a set-off for furniture damage but was ultimately ordered to pay Bekins $4,348.07 within 30 days of the decision.