Two Corrupt Dudes Stealing from Customers
John
Submitted this review about
Magic Car Transport LLC
Review made Live: 6/17/2013 2:54:00 PM
If you want criminals to steal your money and know your name, address, phone number, and credit card information, hire Magic. They have stolen my $130 deposit, ignored my phone calls, and- bizarrely!- lied to Visa and me about what’s in my contract, as if we can’t read. As of 12 June 2013, they have dishonestly removed this review eleven times by falsely claiming to TransportReviews (TR) that I’m not their customer, yet claimed twice in their rebuttals (after this review was validated and reinstated, twice) that they had refunded my money “plus $50 for the inconvenience”. Great idea; poor execution; really, really stupid lies.
Proof that they still have my money? They recently filed a counter affidavit against my credit card dispute asserting that I waived all rights to the deposit by signing their contract. Nope! Congratulations, Magic: you’re the most corrupt “business” I’ve ever encountered, and I want to give you some free publicity. You’ve earned the Mother of All Reviews.
First, the contract I signed (copied and pasted); then, a chronology of my experience with Magic.
Customer & Magic Car Transport, Service Agreement & Terms Conditions.
Balance due upon delivery payable Cash or Cashier's Check.
I, the "customer" agrees to pay the following charge to MAGIC CAR TRANSPORT for the services rendered by MAGIC CAR TRANSPORT. I understand that MAGIC CAR TRANSPORT is a broker and is not the actual transporter. I further understand that MAGIC CAR TRANSPORT has been hired by me to obtain the services of an auto transporter to move my vehicle(s). I understand that this charge is a deposit by me to MAGIC CAR TRANSPORT. It represents a portion of my total transportation cost, your deposit is refundable as long as Magic Car Transport has not assigned a truck to pick up your vehicle/s. I must notify MAGIC CAR TRANSPORT by e-mail or telephone regarding your desire to cancel. Furthermore, I understand that should I fail to execute or return this Agreement, I am allowing an auto transporter designated by MAGIC CAR TRANSPORT to pick up my vehicle(s). I am expressly agreeing and consenting to the terms contained in this contract. Acceptance of these terms negates the right to dispute the above-mentioned charge for my deposit payment according to MAGIC CAR TRANSPORT Terms and Conditions. Carholder authorizesMAGIC CAR TRANSPORT to charge my credit card for the deposit mentioned above and a five dollars processing fee will be added to all credit card charges, customer agrees to MAGIC CARTRANSPORT terms and conditions.
1) Customer warrants that he/she is the registered owner and/or has been authorized by the legal owner to act as agent for the registered owner and has the authority to enter into this agreement on behalf of the owner.
2) By shipper's signature and/ or agent's signature. MAGIC CAR TRANSPORT its agents and the motor carrier transporting the vehicle and their employees jointly and separately are authorized to operate and transport the vehicle from point to point or origin to destination specified in the Bill of Landing.
3) MAGIC CAR TRANSPORT and/or their Agents shall not be liable for the following:
- Damage caused by leaking fluids, battery acids, cooling system anti-freeze fluids, industrial
fallout, or any other damaged caused by Acts of God.
- Damage which is undetectable due to the vehicles dirty condition at the time of pick-up or
glass damage caused by debris from road use or during transportation.
- Auto Rental Accruals
4) After shipper makes the vehicle available to MAGIC CAR TRANSPORT or its agents. MAGIC CAR TRANSPORT and its agents will use their best efforts to deliver the vehicle within THREE (3) to SEVEN (7) business days; however due to unforeseeable factors that could result in delays, MAGIC CAR TRANSPORTand its agents cannot guarantee the date and/or time of delivery or pickup. No delivery or pick up dates and times are guaranteed. All delivery dates and pick up times are only estimates of normal deliveries and pick ups (delays may occur). There are absolutely no guarantees made, expressed or implied, regarding delivery or pick up times or dates.
5) Shipper will not be allowed to overload the vehicle(s) with personal items.
6) The shipper agrees to properly disclose any damage the vehicle may have before it being loaded on the transporter/carrier and while the vehicle is being delivered. Shipper will acknowledge the current condition of the vehicle by signing the Bill of Landing along with the driver of the transporter/carrier. Upon delivery, Shipper and Driver Will re-inspect the vehicle and sign the Bill of Landing acknowledging receipt of vehicle. If any claim should arise as a result of transportation, other than noted on the Bill of Landing at the time the vehicle was loaded at its origin. Shipper has FIFTEEN (15) days to file a claim and must accompanied by TWO (2) written estimates of repair and photographs of claimed damages.
7) Shipper agrees to pay the carrier the balance upon delivery of vehicle in cash, cashiers check, or money order. Cashiers check or money orders are not to made out to Magic Car Transport.
8) Shipper agrees to indemnify and hold harmless MAGIC CAR TRANSPORT for any costs, expenses, damages, losses, and claims caused by the actual transporter since Magic Car Transport is not the actual transporter and only the broker. Venue shall be in Dade County, Florida for any litigation arising out of this Service Agreement.
By signing this contract, I agree and understand the terms and conditions listed above.
Chronology:
April 21: Chose standard shipping for my car with Magic Car Transport; received Order 1181 for *expedited* shipping at a higher price. Called to cancel. Re-ordered standard shipping (Order 1182 generated), $120 deposit. Suspicious but not damning.
April 22: Signed invoice authorizing car transport at $525; paid the deposit, which had migrated upward to $125, plus $5 fee, totaling $130. Since they’ve had my deposit, they have never answered, initiated, or returned a phone call.
April 25: Left message with Anthony N. requesting shipping status. No reply.
May 1: E-mailed Magic canceling my order and demanding my deposit back. They e-mailed this deflection: “Our Dispatchers are working diligently in finding you a truck. It is your right to cancel and request a full refund. But before you do that, we would recommend that you have the actual driver carrier secured and committed in picking up your vehicle. Since canceling with a Broker such as Magic Car Transport and booking with another broker will not improve your situation of getting your car picked up, since we all work with the same network of trucks thru different load boards. I apologize that your vehicle has taken so long to be picked up. Thank You. Anthony.”
Refund my money immediately, I replied.
May 2: "Your order has been canceled." They added: "Please allow 7 to 10 days from the day of cancellation email to receive your refund. Take in mind that you signed a contract that clearly states that you waive the right to dispute your deposit. If you do a chargeback/dispute within the 7 to 10 days from your cancellation date you will automatically lose your deposit."
Nope, that’s a complete fabrication. That clause is nowhere in the contract, and it would probably be illegal if it were. Still, I was only beginning to comprehend their dishonesty.
May 14: I post a basic version of this review on TR.com and initiate a dispute through Visa. After a few verifying questions, they take the charge off of my credit card. I call Magic to let them know I’ve initiated a dispute. No answer, so I leave a message.
May 16: Received from TR: "This email is to let you know your review was removed from our site at www.transportreviews.com. The reason for removal is that Magic Car Transport LLC is unable to locate your order and has no way of proving that you are a customer of theirs." I am furious and dumbfounded.
May 23: I sent verification documents to Transport Reviews, and my review returned to the site. Magic replied to the review (remember, they had just denied that I was their customer a day earlier): "WE do apologize that you car was not picked up on a timely manner. But as you already know your refund has been submitted to you in full, plus $50 for the inconvenience. Again we greatly regret that you car was not picked up, but if you could just waited two more days we had a driver that was ready to pick up your vehicle."
Nope. What they have given me for my inconvenience is NOT $50 but MORE INCONVENIENCE. No exaggeration: everything they’ve said to me has been false, which is actually kind of impressive. I’d expect them to have accidentally said something true and honest by now.
May 23, 26, 27 (twice) and June 12 (seven times): Magic removes my review for the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and eleventh times under the false claim that I’m not their customer. They were able to do this so many times because I edited my review and either submitted it on a weekend (when TR staff was not there to protect it) or because I didn’t want to bother the TR staff to protect it again after I’d already had it verified once, and frankly was curious how many times Magic would remove my one review under false pretenses. A lot, apparently.
Be warned: if you write a negative review and you don’t send in verifying documents AND alert the TR staff that it’s going up, Magic is quick to remove it by claiming you’re not their customer. They’ve dishonestly removed several reviews that that have been subsequently verified and are up again, and they’ve removed who knows how many others that were likely honest but remain hidden due to customer inaction. If you’re going to write a negative review, I recommend e-mailing the documents (i.e. a signed contract or invoice) to TR staff before or immediately after posting it. That way, Magic will have little or no opportunity to dishonestly remove it.
June 13: After a busy day of re-posting this review after Magic had doggedly removed it (seven times in a few hours), I wearied of the foolishness and requested that TR verify it again. Never willing that the truth should stand uncontested, but unable to remove it for a twelfth time, Magic quickly rebutted my review with a random thesaurus word ensconced in the following lies: “Sir you are the one who is overly obsessed for some undaunted reason. Your deposit has been refunded to you plus an additional $50 for your inconvenience. You should really stop harassing this company, by posting up to 20 reviews that we had to ask Management from Transport Reviews to remove them.”
If by “obsessed” they mean that I refuse to let them bully and abuse me and others, then yes, I’m obsessed. If by “undaunted” they mean that I am resolute and fearless, even though these criminals know my name, address, phone number, and credit card information, then yes, I am undaunted; fury drives out fear. If they consider my resistance to be “harassing,” then good for you and me, and frankly, good for them. If I am ever this corrupt, I hope someone continually harasses me with the truth.
Nevertheless, I hate to accuse anyone wrongfully, so after seeing this (second) claim that they’ve refunded my deposit “plus an additional $50” for my inconvenience, I checked my credit card statement again. I see the charge for $130 on April 22nd, and I see where Visa removed the charge in response to my dispute. No $50 refund.
So I call Visa and ask what they can find on the issue. Nothing. Visa is still trying to get the deposit returned, the representative says- but he is curious when he sees a document associated with my credit dispute, and he asks to put me on hold.
Turns out, Magic recently filed a counter affidavit claiming that my money is theirs because, they say, the contract states that my deposit is non-refundable. This is a silly claim because it’s so obviously false. Not only does the contract say nothing of the kind, but their dishonest counter affidavit contradicts the lie they’ve made twice in their rebuttals to me. In other words, they claim to rightly possess my money while twice claiming to have already refunded it “plus $50 for the inconvenience.” Oops.
Theft, lies, stonewalling, blaming, and typically corrupt and criminal behavior: this is all Magic has returned to me. Not my deposit. Not $50 for my inconvenience. After all this time, I think I’ve figured out why Anthony calls his company “Magic”. As he surely knows, legitimate business has nothing to do with “magic” and everything to do with hard work, competency, honesty, and relationship. There is no such thing as “magic” in business. It’s just another way to say “cheating”. And in this case, the name couldn’t be more appropriate.
If you’ve been a customer of Magic Car Transport, you may find these contacts useful and/or cathartic:
Federal Motor Carrier Safety Administration: https://nccdb.fmcsa.dot.gov/ (select “Public”, then “Household Goods”). Phone: (888) 368-7238
Better Business Bureau of Southeast Florida: http://seflorida.app.bbb.org/filecomplaint. Phone: (561) 842-1918
Miami-Dade County Consumer Protection Office: http://www.co.miami-dade.fl.us/csd/ Phone: (305) 375-3677
http://www.ripoffreport.com/
