Money Owing from Court Verdict

Nick Submitted this review about Auto Rail Forwarders
Review made Live: 6/22/2012 12:14:00 PM
I shipped my car from Victoria, BC to Ottawa, ON with Autorail in September 2010. The car showed up with extensive damages - to the point that the car is unable to be driven. The car was also extremely late by the date we received it (more than 30 days).


We were given the run around by Autorail for almost a year before filing a lawsuit, which we won, and have since been unable to obtain our judgement amount from the company. We provided the company with court documents at all stages (served Gerry the court package in person), and have asked more than once for our verdict/judgement to be paid out. When speaking with Gerry, we were informed that the verdict was ridiculous and that they have no intention of paying out the money they owe us (over 4000.00).


I would not ever use them for shipment of any vehicle again, and would suggest that no one else use them either.


Although the company states, in a response to a previous complaint file, that I used their company to claim mechanical defects, this was not the case. I was able to prove to the court that the car had no damage prior to being shipped, and upon receipt had extensive damages - including paint damage, undercarriage damage, and damage to the exhaust system. Photos of before and after were provided to the court. The fact that the company is blatantly ignoring the orders of the courts to pay out the amount determined by the judge gives a statement of its own.


The condition report that they are claiming we did not file (as a response to a previous complaint we had posted), we were never requested to file. The original package sent via email by Steve Burley for the shipping was completed in full and returned. I still have this e-mail with package attached that they are more than welcome to see. At not point in time was this report, that they are now saying was not filled out, ever requested from them. I also have all e-mail correspondence between myself and the company to prove this form was never mentioned, let alone requested.


The company also claims that we did not file a FULL package with the court, containing the terms and conditions of shipment, etc. We did file in Ontario, as that is where the damages were discovered and the court deemed this to be reasonable. Auto Rail was notified at every stage and had the option to file a defence, which they never did. They also had the option to file and appeal once the verdict was given, and they did not do that either. Only once they ran out of options did they start blaming the fact that we won on the fact that we filed in Ontario, not Nova Scotia, and the fact that they claim we did not provide all documentation to the courts prior to their verdict.


Following our Court Verdict in Ontario, we did file for registration of the verdict in the Supreme Court of Nova Scotia (Halifax). The company was served with all documents required at all points during this process as well and did not bother to file for this to not be possible. They were not present in the court room on the day of the decision of the Nova Scotia courts, and the verdict was granted in the province of Nova Scotia. Upon delivering the documents to Gerry, I was informed that the company was going bankrupt and we would not get any money back. After the verdict was registered I filed with the Sheriff's Office in order to recover my money, only to find out that all accounts that were previously in the name of Auto Rail Forwarders had been changed into another company name, and no accounts were active under this company name. On top of this we were informed that the location owned by Auto Rail Forwarders on the Bedford Highway in Halifax was being foreclosed on by the bank.


This company also states in their answers to all complaints that their "partners" (CN Rail) are at fault and refuse to pay damages. This is untrue. We have contacted CN Rail and were informed in writing from a representative from their company that if Auto Rail Forwarders in ANY way suggested that they were partners with CN Rail that the customers of Auto Rail have been misled because this was in NO WAY the case and that CN Rail apologized for any misunderstanding. They also went on to state that they are not responsible for the business practices of the businesses that use their services, and also that they were unable to turn down business from a company, even if they felt that the company had poor business practices.


This company is sneaky, and finds ANY way possible to get your money and refuse to give it back. They have now been ordered by TWO courts to pay us the money owed from the lawsuit, and they have failed to do so. Gerry Giovanetti flat out admitted that they had no intentions of paying the money owed, that they were going bankrupt, and has given me numerous other outrageous comments.


This company could have avoided the entire problem by paying out the damages we claimed initially, but decided to take the legal route instead. One would certainly think that a business that wants to have a good reputation would honour COURT ORDERED decisions and pay out the money owing, however that is not the case with this company.


Please beware when shipping with them.

Company Response
Nick from Auto Rail Forwarders Submitted this response.
Response Date: 6/14/2013 7:35:00 PM
The Client did not to pay attention to the Terms and Conditions. It is no more then a money grab.. He has a vehicle that is and was not in very good condition . Actually really really poor conditon.. an early 1990's model.... what a guy... to try and think that he could try and take advantage of us... We Did not show up in an Ontario Court, for Obvious reasons, the Client feels that we damaged his vehicle.. when his vehicle is worth $ 1000 We are really sorry that he feels this way. Another Client who does not read the terms and Conditions. We as well want to point out that if you read these reviews, 100 % are from private individuals.. we have no negative reviews from any of our over 350 Corporate Clients HERE IS A GENERAL OVERVIEW Please be advised that Auto Rail has been in Business for over 25 yrs and ships over 1000 vehicles per year, we are in Partnership and Rely on our main Service Providers CN RAIL and ALLIED SYSTEMS who both have been in business for over 60 yrs. These service providers have been Delivering our Clients Vehicles to several Locations across Canada and the USA for many many years. It is important to Note that we do have Clients who complain from time to time..and we understand the frustration of waiting for delayed shipments. Auto Rail does it's very best to get back to clients as quickly as possible with answers to questions. In the shipping business, Private clients need info, and we understand that... ... some clients want updates, some want in the AM, some want in the PM.. some want daily , some want weekly and others.. well they understand the delays and the time it can take. Auto Rail can only give approx times and can never guarantee an exact delivery time, as per the terms and conditions that we provide to each and every client. What clients don't understand is that the auto shipping industry in Canada is very small, compared to our neighbors in the USA. Service providers in Canada ship using Rail - Truck and in some cases a Drive Away Service. Take for example, Allied Systems our main service provider, who is the Largest Auto Shipping Company in North America. Recently Allied Systems ( which you can google) lost 2 major Contracts in 2011 that they held for over 50 yrs with GM and Chrysler Corporation, leaving almost 250 trucks now sitting idle in Canada . You ask, How has this effected the market Place and why is my shipment so late.? What private shippers don't understand is how that has effected the market place for used vehicles being moved throughout the entire Country. Basically, those smaller carriers owning from 1 to 10 trucks in Canada.. have gone after those two contracts across the county and have little or no time to move used vehicles, So the industry has taken a major turn on the used car shipping business in Canada. Why ? why is it , that Clients vehicles are being delayed and put on the back burner, as others scramble to find interline carriers to hopefully move there inventory for ie: moving companies, used car dealers Gov't , and Private shippers etc etc.. Shipping vehicle in a timely manner is and has been a major problem for awhile now. Why you ask ? Think about it..... Who would you rather move vehicles for.... GM - Chrysler or any of the big manufactures or one zzeess or two zzeess from private shippers. The answer is quite clear... truckers big and small would rather ship for manufactures, who give them little to no headaches and don't have to answer to clients shipping one vehicle at a time, versus 500. What must be understood is that it is not our intention to hold vehicles that are being shipped, we have never lost or have had a vehicle stolen. Vehicles for sure have been delayed with out question, SOME yes have been lost in our yard, as we sometimes have over 2000 vehicles in a yard waiting to be delivered.. But ...STOLEN.. .. NONE. What Clients don't understand is that from time to time we do have to rely on several other inter connect carriers who don't tell us the straight goods and give us false hopes of yes it was or wasn't picked up, or our truck broke down and couldn't pickup the vehicle. etc etc.... Lies Lies Lies.. and what we have to tell the client is what information is relayed to us..... Inter Line Carriers as well don't like to pay there claims when we have not physically handled the vehicle. Almost every time we take the blame and fingers are pointed at our Company , when in fact the carrier who we brokered to move the vehicle , takes there fees quoted and will not and doesn't take responsibility for damages or the time delays that they have caused. All the carrier cares about is getting paid for that shipment. Since our Head Office is Located in Halifax Nova Scotia , we do communicate with the local police dept on several matters, not only here but across the country. Police Agencies Ie: RCMP contact us on a regular bases to track vehicles that may be suspected in illegal drugs being shipped or other items, so we on a regular bases provide details to them for investigation. Our Company has never been charged with FRAUD ! And we do have and open and ongoing relationship with the Police department here in Halifax , as we keep them informed of events of clients concerns. It is our goal since our volume of business has increased over the years to up date Review sites, like this one , so that we are on top of each and every review and we give feed back. We as well are going to start collecting and have clients submit reviews that are positive and those of which may have had a claim and that they have been satisfied. We are yes sometimes at fault for perhaps not calling or emailing a client back, in the time frame that they wish us too.. however we are here and we are moving hundreds of vehicles. Sincerely, Management AutoRail AutoRail Management