Posted by Bruce_CA on 2/8/07 12:49pm
Msg #174696

Who is supposed to pay...

This has been going on since June 06.

I was contacted to do a signing (a grant deed) and was offered $200. They needed it that day, and I cancelled 2 other signings to make this work for them.

The company that contacted me was Fidelity Financial Group. I was contacted by a gal named Michelle Thomas.

I have since called them on several times and they told me that "Michelle does not work here any longer and she was working for an independent contractor who worked here named Mike Mcx (not the owner who is Mike McDivit). They have told me that since Mike was an Indepentent Contractor, and does not work there any longer, that they don't owe me the money. I can not get hold of Mike.

I feel this is a total BOGUS reason. If Michelle contacted me, and at the time was working for an agent on Fidelity's behalf, that I should be owed the money by Fidelity.

I have been told here that Fidelity is a good and reputable company, but I feel that this is totally wrong.

What should I do (besides kissing the money good bye)?

Thanks
Bruce

Reply by TnNotary on 2/8/07 12:57pm
Msg #174699

So what they are saying if a scheduler calls you for a closing you accept it on behalf of the company and that scheduler quits you don't get paid. That does not sound right but too many of these companies take the notaries for granted by not paying us or blaming us for whatever goes wrong with the closing.

Reply by AngelinaAZ on 2/8/07 1:34pm
Msg #174715

If Michelle at Fidelity sent the confirmation.. it is a reasonable expectation that you will be paid by Fidelity. We don't ask for proof of employment before we book a job... I would just send them the darn invoice and if they don't pay.. send them to collections and report them to the BBB.

I'm not trying to sound condescending but you should never cancel an appointment for another that makes more money. If you book an appointment and agree upon a fee and they have kept their end of the deal.. you should keep the appointment. Just because someone calls you for more money doesn't mean you should screw the ones that booked 1st. Now maybe I don't know the whole story but if it's as you wrote it... I wouldn't do that again. This gives us all a bad rap! You win some and you lose some but if you run a good business... you will come out winning.

Reply by Bruce_CA on 2/8/07 3:39pm
Msg #174749

I used the wrong term.... I did not Cancel, I had to refuse.... Sorry for the mistake.

Bruce

Reply by BarbaraL_CA on 2/8/07 1:49pm
Msg #174720

Did you get a confirmation from Michelle with Fidelity Financial Group name on the confirmation?
If so, send that to the contact at Fidelity.

You should call HR at Fidelity to verify employment dates of Michelle Thomas. If she was definitely employed by them on the day she contacted you then let Fidelity know that she was working for them at the time you were contracted (and include confirmation).

If you did not receive confirmation - let it be a lesson to ALWAYS get a confirmation when contracting for a job.

If you don't have a confirmation then verify her employment dates and if she was employed by Fidelity at the time, fax Fidelity the dates of her employement along with your invoice.

Reply by ZeeCA on 2/8/07 2:23pm
Msg #174734

I read that to perform a signing that needed to be

done THAT day he rearranged his sched to accom them... but may be I misread it....

Reply by Kevin/Ct on 2/9/07 4:35am
Msg #174856

If the independent contractor was working as the lender's agent, and if the they knowingly accepted your work based on your communications with the independent contractor the lender may have ratified the independent contrator's work, and thus may be liable for payment. They may also be liable under an unjust enrichment theory if they accepted your work with the knowledge that you expected to be paid for it. There may or may not be a defense available to them if they paid the independent contractor for your work, but he failed to pay you. The above is based on Connecticut law. You will need to consult an attorney to determine if the same legal precepts are applicable in your state.

Reply by SANDRA LEE on 5/1/09 9:03pm
Msg #287076

I'm worried because I accepted an assignment for tomorrow. I called Michael McDe**** to get a fed ex account # and he wanted me to add it to my invoice! I told him that I want to establish a good reputation with your company so I need the account number. I started feeling like a problem could be on the horizon. After reading these postings, I hope I will get payment in a timely manner. Anyone know about recent goings on here?
Sandi

Reply by jba/fl on 5/1/09 9:32pm
Msg #287080

They are supposed to pay and give shipping acct.# -

It will be bad enough if for some reason they don't pay you - you would be out travel expense, print expense and time, but to be out cash for shipping charges as well???? Don't do it. This is bogus! No one does this except cheats. Give the order back. Cover your A$$!
JMHO