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leasing truck from dealer for 27 months / legal recourse or life lesson?

Discussion in 'Trucker Legal Advice' started by muddywtrs, Mar 7, 2013.

Page 1 of 2
  1. Mar 7, 2013 #1
    muddywtrs

    muddywtrs Bobtail Member

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    0
    Feb 23, 2011
    alton, il
    0
    were leasing 05 pete from kc,mo dealer Sept 2010 $49,500 (agreed to 54 payments of $1305 per month+$8,000 trade in+$600 cash) had made 28 payments so far plus $22,083.14 in major repairs up & above normal maintenance and the engine blew, called dealer & explained major breakdown which I couldn't afford and they said they'd tow to their shop, evaluate & repair, after evaluation they said i'd pay for parts they'd eat the labor, parts shouldn't cost more than $6,500 max, once they had at their shop they decided they'd have too much $ invested to let me continue leasing, informed me I had no equity, couldn't take new tires, and for me to get truck back the new price was going to be $52,500 & I'd have to put $10,000 cash down help!!!
     
    muddywtrs, Mar 7, 2013
    muddywtrs, Mar 7, 2013
    #1
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  3. Mar 7, 2013 #2
    windsmith

    windsmith Road Train Member

    7,296
    6,032
    Sep 2, 2011
    NEPA
    0
    This is probably a question for an attorney, not participants of a trucking forum.
     
    windsmith, Mar 7, 2013
    windsmith, Mar 7, 2013
    #2
    Mommas_money_maker, starsonwindow, kirk and 2 others Thank this.
  4. Mar 7, 2013 #3
    mavljc

    mavljc Bobtail Member

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    Jan 9, 2013
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    Please name this dealer so no one else will go through this. Sorry to hear about your troubles but windsmith is correct, call an attorney.
     
    mavljc, Mar 7, 2013
    mavljc, Mar 7, 2013
    #3
  5. Mar 11, 2013 #4
    leaseman

    leaseman Bobtail Member

    22
    13
    Sep 28, 2009
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    First some assumptions:
    1) The dealer your referring to is a well establish dealer. Not some mom and pop, buy here/pay here sort of establishment
    2) The cost of the repairs were higher than either of you expected.

    If this is a large dealership, they will have, in their contracts, verbiage to cover them in these situations. As a financing company that pays off trucks in these situations we hear this story a lot. The company leasing the truck somehow inflates the amount owed or includes other cost and fees. We almost never seem them in breach of contract. In other words they have the paperwork to back this up. If this is the case you "SOL". However:

    It wouldn't hurt to get your paperwork together along with the cost of repairs on the truck and take it to an attorney that specializes in trucking; find one through OOIDA. For $300 - $400 bucks you can see if you have a leg to stand on. If you do there might be some compensatory compensation for you as well. I've seen this happen and the guy gets three times of damages. Hope that helps.
     
    leaseman, Mar 11, 2013
    leaseman, Mar 11, 2013
    #4
  7. Mar 12, 2013 #5
    muddywtrs

    muddywtrs Bobtail Member

    9
    0
    Feb 23, 2011
    alton, il
    0
    mid-am financial leasing, kansas city, mo
     
    muddywtrs, Mar 12, 2013
    muddywtrs, Mar 12, 2013
    #5
  8. Mar 12, 2013 #6
    muddywtrs

    muddywtrs Bobtail Member

    9
    0
    Feb 23, 2011
    alton, il
    0
    small company outside kansas city, mo called Mid-Am Financial they supposedly have approx 150 trucks leased. Thanks for the info, contacted lawyer and awaiting response.
     
    muddywtrs, Mar 12, 2013
    muddywtrs, Mar 12, 2013
    #6
  9. Mar 12, 2013 #7
    sazook

    sazook Road Train Member

    1,471
    548
    Jun 1, 2009
    Springfield, MO
    0
    They look to be almost right across the interstate from OOIDA. Surely someone at OOIDA must know something about them.
     
    sazook, Mar 12, 2013
    sazook, Mar 12, 2013
    #7
  10. Apr 3, 2013 #8
    truckersjustice

    truckersjustice Light Load Member

    215
    217
    Sep 1, 2011
    Burnsville, MN
    0
    It all depends upon what your lease says. You probably "bought" it as is. The lease probably says that you are responsible for repairs and that they can charge you back. If you cannot afford the payments for the repairs, then you are likely in default of the terms of the lease and they can take it back. If the charges were not reasonable, then you may have recourse. As I said, it depends upon what the lease says. If you want me to review the lease and discuss it with you, you may call me at 651-454-5800 (no charge for the lease review and consult).

    Paul Taylor
    Attorney
    www.truckersjusticecenter.com
    651-454-5800
     
    truckersjustice, Apr 3, 2013
    truckersjustice, Apr 3, 2013
    #8
  11. Apr 3, 2013 #9
    k9thedog

    k9thedog Bobtail Member

    4
    1
    Mar 10, 2013
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    Hey Muddy. Your story sounds just like ours. I sure hope you can get some help.
     
    k9thedog, Apr 3, 2013
    k9thedog, Apr 3, 2013
    #9
  12. Apr 3, 2013 #10
    k9thedog

    k9thedog Bobtail Member

    4
    1
    Mar 10, 2013
    0
    Hi Paul. Do you know of anyone in Canada that supports truckers like you do? We could sure use some help. We live in the Calgary Alberta area.
     
    k9thedog, Apr 3, 2013
    k9thedog, Apr 3, 2013
    #10
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