B-168539, JAN. 19, 1970

B-168539, JAN. 19, 1970

TO SECURITY VAN LINES, INC.:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 18, 1969, ENCLOSING YOUR BILL NO. A-820099 CLAIMING TRANSPORTATION AND ACCESSORIAL CHARGES OF $989.70 ON A SHIPMENT OF HOUSEHOLD GOODS BELONGING TO JOHN G. GENTLEMAN WHICH MOVED FROM PROVIDENCE, RHODE ISLAND, TO PENSACOLA, FLORIDA, UNDER GOVERNMENT BILL OF LADING D-1783811, DATED JUNE 7, 1968, ISSUED BY SECURITY VAN LINES, INC. (ROYAL VAN & STORAGE, INC.).

D.A.D. LEASING COMPANY, INC; BILLING AS HAULING AGENT FOR SECURITY VAN LINES, INC; CLAIMED $951.20 BY ITS BILL NO. 0069 FOR THESE SERVICES AND WAS PAID THAT AMOUNT BY THE NAVY FINANCE CENTER ON D. O. VOUCHER K-6740 IN ITS JANUARY 1969 ACCOUNTS. THE BILL WAS SUPPORTED BY ORIGINAL GOVERNMENT BILL OF LADING D-1783811 AND SECURITY VAN LINES, INC; UNIFORM HOUSEHOLD GOODS BILL OF LADING AND FREIGHT BILL NO. A-820099. YOU INDICATE THAT THE SHIPMENT WAS BOOKED WITH YOUR COMPANY AND THAT IT WAS HAULED BY TERMINAL WAREHOUSES, A COMPANY THAT IS NOT YOUR AGENT BUT WHICH APPARENTLY HAS SOME RELATIONSHIP TO D.A.D. LEASING COMPANY. IT IS THEREFORE YOUR CONTENTION THAT THE PAYMENT WAS ERRONEOUSLY MADE TO D.A.D. LEASING COMPANY AND THAT PAYMENT SHOULD BE MADE TO YOUR COMPANY.

THE PAYMENT MADE TO D.A.D. LEASING COMPANY BY THE DISBURSING OFFICER WHERE THE BILL OF LADING WAS ISSUED TO SECURITY VAN LINES (ROYAL VAN & STORAGE, INC.) AND WHICH WAS ACCOMPLISHED TO ACKNOWLEDGE RECEIPT OF THE GOODS FROM SECURITY VAN LINES ALTHOUGH IRREGULAR WAS APPARENTLY MADE BECAUSE THAT COMPANY REPRESENTED THAT IT WAS BILLING AS YOUR AGENT AND HAD POSSESSION OF THE ONE DOCUMENT WHICH WOULD BE REQUIRED IN BILLING FOR THE CHARGES -- THE ORIGINAL GOVERNMENT BILL OF LADING. HOWEVER, THE CONTRACT OF CARRIAGE WAS MADE WITH YOUR COMPANY AND THE BILL OF LADING WAS ACCOMPLISHED TO YOUR COMPANY AND IT APPARENTLY IS ENTITLED TO RECEIVE AT LEAST SOME PORTION OF THE CHARGES FOR THE SERVICES PERFORMED.

THE RECORD DOES NOT DISCLOSE JUST WHAT CONTRACTUAL OR AGENCY ARRANGEMENTS EXISTED BETWEEN THE PARTIES, NAMELY SECURITY VAN LINES, INC; TERMINAL WAREHOUSE, ROYAL VAN & STORAGE, INC; AND D.A.D. LEASING COMPANY, INC; WHICH APPARENTLY RENDERED SOME PART OF THE SERVICES INVOLVED OR WERE PARTIES TO THE BILL OF LADING CONTRACT, NOR WHAT SERVICES WERE RENDERED BY EACH. TO MINIMIZE THE POSSIBILITY OF LOSS TO THE UNITED STATES AND TO OBVIATE UNNECESSARILY COMPLICATING THE ACCOUNTING BETWEEN THE CARRIERS INVOLVED, WE WOULD APPRECIATE YOUR AMENDMENT OF YOUR CLAIM TO THAT PORTION OF THE CHARGES WHICH YOUR COMPANY IS LAWFULLY ENTITLED TO RETAIN.

SUCH AMENDMENT SHOULD SHOW:

1. WHAT PORTION OF THE PACKING, UNPACKING OR HAULING SERVICES, IF ANY, WERE PERFORMED BY SECURITY.

2. WHAT ADVANCEMENTS WERE MADE BY SECURITY TO OTHER PARTICIPATING CARRIERS IN THE MOVEMENT.

3. WHAT CARRIERS, TO SECURITY'S KNOWLEDGE, FURNISHED THE UNDERLYING SERVICES FOR WHICH YOU BILLED SHOWING THE SERVICES RENDERED BY EACH.

4. HOW D.A.D. LEASING COMPANY SECURED THE ORIGINAL BILL OF LADING WHICH APPARENTLY WAS ISSUED TO YOU (OR ROYAL VAN & STORAGE, APPARENTLY YOUR AGENT).

5. WHETHER THE PACKING FOR WHICH YOU CLAIMED A TOTAL OF $135 WAS ACTUALLY PERFORMED BY YOU OR OTHER CARRIERS, IT BEING NOTED THAT THE HOUSEHOLD GOODS DESCRIPTIVE INVENTORY SIGNED BY THE OWNER OF THE GOODS AND THE CARRIERS' AGENTS SHOWS THAT VARIOUS CARTONS, BARRELS AND MATTRESSES WERE PACKED BY OWNER.

6. IF PACKED BY OWNER, WERE THE CONTAINERS FURNISHED BY THE CARRIERS AND THE ARTICLES UNPACKED BY THE CARRIER OR OWNER AT DESTINATION.

WE ARE ENDEAVORING TO RECOVER FROM D.A.D. LEASING COMPANY ANY AMOUNTS IT MAY HAVE BEEN OVERPAID AS A CONSEQUENCE OF ITS BILLING FOR THE PORTION RIGHTFULLY DUE YOUR COMPANY.

IT IS HOPED THAT IN THIS MANNER THE MATTER, WHICH ORDINARILY IS ONE FOR SETTLEMENT BETWEEN THE CARRIERS INVOLVED, MAY BE SATISFACTORILY ADJUSTED WITHOUT THE INTERESTS OF THE GOVERNMENT OR ANY OF ITS OFFICERS BEING UNDULY JEOPARDIZED.