Access America Transport, Inc Incompetent crooks!! Don't haul for them, you won't be paid...someone else will!! chattanooga, Tennessee

In rebuttal to compliant #856258...

AAT has set up Divinity LLC to haul 2 loads in our 10 years of doing business based in Chattanooga, TN and have paid Divinity the exact same way 2 times.  Divinity has stated that AAT was not suppose to pay ICC (factoring company) for their loads, but rather should have paid them directly.  Per our ISO 9001:2008 requirements to set up carriers we ask for each new carrier to give us the information on pay terms as well as where we should send the check for their services.  We have a Letter of Assignment sent from Divinity LLC to pay ICC for any and ALL payments rendered for services.  Unfortunately it looks as if Divinity feels that they can pick and choose which loads they want to be sent to ICC and which loads can be sent to them directly.  By law we can not send  monies owed to Divinity unless there is a Letter of Release from ICC.  There was no such letter ever given to AAT.  AAT has never refused to pay a carrier.  Also, until a Letter of Release is given, Divinity will also not be eligible for a comcheck.  If you look at carrier 411 you will see that this has been an issue for Divinity LLC in the past to be paid twice for loads and not able to produce money back to the person paying for the load (twice).  There is no truth to someone forging a signature.  We have all documents from ICC stating that Divinity has a lien (or had) owed to ICC.  

After filing against our bond, CNA Surety did their own investigation and also found all the above mentioned to be true and refused to pay against AAT's bond.  

Note from ICC to CNA Surety Bond: " Please be advised that the assignment of Divinity's accounts includes ALL accounts receivable whether factored or not.  From a legal perspective, it is not the duty of the debtor to determine which accounts receivable to pay to an assignee and which to an assignor. All payments due to an assignor, in the case Divinity, should be paid directly to the assignor, ICC, without question.  It is a matter between the assignor and the assignee on how to deal with the funds received.  I urge you to confirm my legal position with your general counsel in order to be confident that all payments owed to Divinity now and in the future should be remitted directly to ICC until a formal release is received by Access America Transport."

Access America Transport holds firm the belief that our carrier partners are just as important, if not more important than our customers.  Without carriers, a 3PL like AAT, would not exist.  All paperwork, faxes and carrier set up info about this particular issue is available on request.  This load was paid for to ICC.  We hope that the issue with ICC previous to AAT and Divinity relationship has been rectified.