Steve Dolling William Steven Dolling Con Man, Thief, Liar, Rip-Off Artist Port Coquitlam, British Columbia

This report was filed by Mr. Rich Amburn of BoatsExpress in Odessa Florida under the supervision of Mr. Greg Hutchens.  

Indeed.  I have not paid Boats Express $550 they claim I owe them.  The matter is one of commercial dispute. 

By all means consider that I may be a rogue, con-artist, thief, and dead beat customer when you are thinking about doing business with me.  Please also give consideration to the following dispute which I filed with Boats Express and have had no serious response to directly or through a process with the Better Business Bureau. 

BoatsExpress Contract #1005076 RA

Contract between BoatsExpress and Steve Dolling:   Delivery of 34 Sailing Vessel from Gyuamas Mexico to Bellingham, WA

We assert that Boats Express failed to meet their verbal and written commitments and offer services as advertised.   This resulted in additional costs to the vessel owners over and above what they would have been had the contract fulfilled as agreed.   A summary follows.   Contracts, samples of advertising, original email correspondence, and photographs are all available for review.

On May 22^nd Boats Express offered a quotation for delivery of the boat Blackdragon from Mexico to Bellingham, WA as indicated in the excerpted email from Rich Amburn:

Hi Steve,

I need to apologize for the previous quote you received from BoatsExpress' agent Fox. His figures were off. See below. To lock in the rate please return next week. I am attaching my bank info. If you want to proceed the way Megan & Luke on Sapphire did, you can make the deposit or wire transfer into BoatsExpress account. Thank you

Dear Steve, ??Thank you for your request to transport your boat. Your total cost is $7496.00 USD. This price is based on the fact that there is a Travel Lift or Crane service available to load and unload your boat. The height of your boat can not exceed  12' 6" from the bottom of the keel to the highest non-removable part.??  This convenience rate is based on the information provided by the shipper and includes all applicable permits, escorts, fuel surcharge, tolls, cargo and liability insurance, and transportation.  This rate is all-inclusive, no surprises on either end! Beware of quotes that do not offer all-inclusive!?? 

We are approaching the busiest time

I had some questions on whether the contract included removing the boat from the water etc. and addressed them to Boats Express in writing.    I received this response by email from Mr. Amburn the same day:

Our quote was for the transportation part which included permits, escorts, tolls, and insurance. We could also have arranged the decommissioning.

It was clear to me that the contract did not include commissioning and decommissioning, but very clearly included permits, tolls, insurance.

We agreed to go ahead on the understanding that June 25^th was a viable date for pickup though in discussion with Mr. Amburn he indicated that they needed + / - one week variance on the pickup date to accommodate trucking schedules.   The deposit  of $1501 was wired to Boats Express on June 8^th.   They confirmed receipt on June 14^th.

From June 16^th to 24^th we sent repeated emails and made attempts to contact by phone to confirm the trucking date as Boats  Express arranged dispatch.    No confirmation was given.

Finally on June 28^th, after repeated requests, it was confirmed that my boat would be picked up on June 29^th and that the documents were more than adequate.

Timing was important as the boat is our home for the year and we needed to live in hotels during the period of decommissioning and transport. 

Steve,

The first thing I did was call dispatch, but was told I had to submit request by email. Your truck is off loading a boat in Mexico today but won't be able to pick yours up until tomorrow. I don't have an exact time, but my driver will contact the marina and make the arrangements. We have also secured a Customs Broker. The documents you have provided should be more than adequate.

Getting a boat moved from Mexico is difficult at best, but I am working diligently to keep as close to your schedule as possible.

Thank you,

Rich

The truck did not arrive the next day as promised.   We made arrangements for supervision of the loading the mast and extra days in the yard as we had already committed our travel plans and had to leave before the truck arrived.   The additional expenses associated are items 4 & 5 in the summary payment below.  

In fact the truck did not arrive at all.   Boats Express told me it was twenty five miles away, but it disappeared.  

On July 1^st:

Hi Tracey,

My truck has been dispatched.

If your not happy with our service then cancel your contract.

BTW,

I just talked with the driver (Mike) and the trucks in Mexico are NOT  required to carry cargo insurance while in Mexico. Please make arrangements with your insurance company so you are covered the day of the move. Once the truck is heading to the marina I will contact you, and then you can contact your insurance company and add the temporary coverage.

Rich

And suddenly, there was no insurance for the cargo, as advertised on their website, mentioned in the quotation, and specifically referenced in the contract.    Boats Express refused to pay for it.    I would not risk shipping in Mexico without insurance and incurred the expense directly as indicated in item 2 below.  

By July 6^th, well after the contracted pick up date, there was still no truck available.   Boats Express extended the following offer:

Hello all,

I have a carrier (Takata) that can start picking up on Saturday. I have decided to use this carrier because I have not been able to get in touch with the other carrier we had arrangements with. (Mike) There is a rate increase as follows: Sapphire $7500, and BlackDragon $8000.00, and I will need to send them a total of 50% down Sapphire $7500 - $1000 = $6500/2 =  $3250.00 and BlackDragon $8000.00 - $1500= 6500/2 =$3250.00, tomorrow to make the reservation. If you choose not to accept the revised conditions, I can continue to work on getting another carrier, however Takata just delivered a boat for me today and is interrupting his schedule to do this for me. BoatsExpress has worked with Takata, and trusted them, for years.

Please contact me and let me know if you want me to move forward with this carrier.

All the Best in Boating,

Rich Amburn (Disabled American Veteran)

Senior Agent for Boats Express

BOATS EXPRESS INC.

19119 Rogers Road

Odessa, Florida 33556-4126

Phone: 813-920-8200 ext 414

Fax: 813.920.9844

www.BoatsExpress.com

Rich@BoatsExpress.com 

Rather than absorb the cost, they wanted to pass it on to the customer. 

I declined the offer and asked for a refund of my deposit.    I was willing to simply walk away from the contract and work with another company.   I was advised that deposit could not be refunded because the truck had been dispatched.  (A ridiculous position as they admitted they did not know where the truck was or if it would ever arrive.)  The contract stipulates that once the truck is dispatched the deposit cannot be refunded.   Furthermore they explained that the contract was a contact of convenience and it might be a long time before a truck arrived at the price of the contract we had signed.    Basically they were holding my deposit and vacation plans for ransom unless I agreed to a new price.   I was being asked to pay a premium for accelerated delivery when they were two weeks late on the promised date through no fault of mine.

We executed a change to the contract for a $1500 premium, item 3 in the summary, to get the boat moving.  I refused to pay additional deposit funds.   For this premium, I was guaranteed that the boat would be loaded and shipped direct to Bellingham on July 9^th.  In fact the boat was still at the marina in Guaymas on July 10^th.   We had friends send pictures.   Furthermore, it didnt even travel direct as stipulated in the contract revision.   The driver diverted to Portland to assist drivers on another delivery as they spoke no English.   Boats Express was still treating as a contract of convenience even though we struck this language from the contract in exchange for the premium which was ransomed.

July 10^th : the boat was confirmed to be loaded onto a trailer and ready for shipment.

Immediately upon being notified that the boat was loaded, Boats Express demanded an additional $3500 in deposit money.    They made it clear that I had to pay the money or my boat would not enter the United States.   Nothing in the contracts indicated anything other than the original $1501 was due until the boat was delivered.   It was effectively a ransom demand.  The contract clearly stated a $1501 deposit and delivery was to be direct to Bellingham Washington not held in Mexico pending additional funds. 

I am not trying to be difficult Steve. (It is just coming across that way) I am just trying to get your boat moved. The carrier has asked for the balance of the deposit, and I don't have it. I attached another contract , if that is what you need.

Like I have said from the beginning of this, "I am not the regular Mexico Agent" I was given this and told to run with it. I'm trying. The terms of any boat moving in and out of Mexico require 50% down. I did not know this, and I failed to require it on the contract. Hell, I didn't even use the correct contract from the start. I'm Learning.

That being said, I talked to my boss, Greg , and he said we need the additional funds to be able to pay the carrier. The carrier uses these funds for operating expenses incurred while moving your vessel. I was informed that your boat will sit at the border until we collect these funds from you. If you read the email below, the carrier charges a $150.00 per day fee if they have to wait at the border for anything. That's cheap. BoatsExpress charges $500.00 per day.

Lets avoid any delays, and additional fees, and just make the deposit so I can pay the carrier.

Please be advised, your boat will not be unloaded until the carrier has received the final balance in the form of Cashiers Check, Money Order, or confirmation from BoatsExpress that funds have been received

I will let my boss know you do not want to send the funds. I can tell you this, your boat will not cross the border until we receive the additional funds.

I have discussed this with my boss, and there is no compromise. The following is the thread discussing your issue.

Have a cashiers send overnight adding in the exchange rate $_USD only

Boats Express ultimately agreed to move the boat if I would FedEx the final payment to the marina where it was being picked up.   I did and incurred the costs identified as item 9 in the summary below.  

Finally, just as delivery was imminent, I received a demand for an additional $550:

 Hello Steve,

Please check with your marina regarding the delivery time.

Regarding the paperwork, we had the paperwork straight if you would have waited for the other truck and exited Mexico through Nogales. You chose to use the truck, and broker, from Takata, and Takata is permitted to exit through California. Perhaps you should have discussed this with him at the time you two were discussing the transport of your vessel. 

The additional fines and fees from Takata of $550.00 have been included in the final payment of  $8067.00 USD. ( $7517.00 + $550.00. )

$550.00 = $250.00 for Broker fees, and $300.00 for two days waiting. I understand you have been in contact with the carrier and have discussed this. I believe the additional $250.00 you discussed paying Takata directly is included in the $8067.00. I could be wrong. I haven't been included in all of your correspondence with him.

You must give the driver a total of $8067.00 USD, in certified check or money order, prior to unloading. Otherwise the driver will not unload your vessel.

All funds, except tips, are to be paid to, processed and distributed by BoatsExpress.

Your boat is not in Mexico anymore. It is in the USA, and is under US laws.Your boat will remain in the custody of Takata and BoatsExpress until the bill is paid in full. BoatsExpress charges $75.00 per hour or $500.00 per day for delays.

Thank you.

They couldnt even tell me when the boat was to be delivered, but I had to be present with a cashiers check or they would fine me $500 / day.   Their switch in carriers triggered the costs including broker fees (item 8), but somehow I should pay.  

I did not give the final draft for $550 to the driver as he said the border delays had nothing to do with me or my contract.   The fee for processing should be absorbed by Boats Express as I highlighted to them in writing (Takata is the contractor hired be Boats Express they asked me to pay him directly after they didnt have my boat to use as leverage any longer):

I will be disputing this payment with you.   You cannot  threaten to seize my boat to pay this amount under our contract and then as soon as you loose your leverage punt it over and make it an issue between me and Takata.   You often seem to have this issue of contract confusion.    

All that seems to matter for Boats Express is money and leverage.    Contracts, promises, and commitments are hardly considerations.

Step up.  Pay your vendor.   

Time after time I asked you what I needed to do for documentation based on your expertise in trucking boats out of Mexico.  Nothing.  No response.   So I checked with the local Aduana.   They very clearly told me to cancel the temporary import permit and retain the original copy copy on my person with a copy to go with the boat to the truck border.    I sent you copies of exactly what I had done.    Eventually your response was "all the paperwork was more than adequate."    Now I can understand that in Mexico the local port customs may have different idea of what is necessary than the inland trucking customs.    Takata, as an experienced operator, recognized that a cancelled temporary import permit at the truck border would be a problem immediately.  Clearly your company lacks the expertise that is normal for trucking companies moving boats out of Mexico.   

If you had that expertise, or even bothered to review the documents, you would have prevented this problem.   Furthermore, even if you are completely ignorant, if your truck had arrived when it was promised, I could have discussed it with the trucker and rectified the problem at the source for no fees.    

To this I received no response from Boats Express so I am not sure if they still feel they are entitled to these funds.  

The final couple of items relate to expenses encountered on final delivery.  After we rushed down to Bellingham from our home in Vancouver with the final bank draft to avoid $75 / hour charges, the truck didnt show up.

Later that night we found it broken down by the side of the road.   The driver was siphoning fuel from one tank into fuel jugs removed from Blackdragon to pour into his tanks on the other side.   We offered to go get him some fuel which he graciously accepted.   Still he couldnt start the truck.    We returned once more around midnight with some food for him as he had been driving more or less continuously solo for three days and nights and hadnt eaten since breakfast (arent there transport laws in the US?).   We returned once more around 7:00am with a list of mobile repair companies for him to contact to get the truck going.   Items 6 & 7 detail the cost of the fuel and food.   We dont feel it is necessary to charge $75 an hour for our time in assisting.  

Summary of Costs: