Bought Trailer- then its reported as stolen.

Discussion in 'Ask An Owner Operator' started by areelius, Dec 18, 2015.

  1. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    I would go back to the tow company and try to get my money back. If they refuse, exercise your freedom of speech...perhaps a "letter to the editor" explaining what happened and warning others who might be inclined to purchase vehicles from that tow company in the future. File a complaint with the BBB explaining what happened. Post your story all over social media...facebook, twitter, etc. Start making yourself that "squeaky wheel" using tactics that don't cost you anything and are well within your legal rights to do in order to be that person they'll just want to go away, and if they want that to happen they can simply refund you the money you paid them for the trailer.

    Or, you could hire a lawyer and sue the tow company for a refund...but that costs money and the outcome isn't guaranteed. Facts are facts, though...they sold you a trailer they did not have the full legal right to sell you, and the paperwork they gave you associated with that sale turned out to be non-binding because the trailer was then taken from you by the police to return to the person the tow company took the trailer from. Tow company should now refund you the money and then go after the actual owner of the trailer in order to recover whatever towing and storage fees they were owed.

    Hell, in this country, you can sue anybody for anything. Sue the "original owner" who received the trailer back for what you spent on those improvements, assuming those improvements were needed and he would have had to spend that money anyways (i.e. tires, brakes, etc...) had you not done the work while you thought you were the legal owner of the trailer.

    It is only a total write off if you roll over and allow it to happen to you. Personally, I'd be as big of a pain in the backside that I could be for all involved until I received all of my money back. I work hard for my money, and don't take kindly to folks trying to cheat me out of it.
     
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  3. 6wheeler

    6wheeler Road Train Member

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  4. Studebaker Hawk

    Studebaker Hawk Road Train Member

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    I would love to know the $ amount involved for what type of equipment. If you paid 10% of the book value with a wink and a nod from the towing company, you are never going to recover anything in any court. If you paid reasonable value for it, go after the towing company. If the cost of a lawyer significantly exceeds the amount you are out, lesson learned.
     
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  5. CaptainDaveG

    CaptainDaveG Road Train Member

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    I am assuming the towing company will give you your money back...even if they short the "storage" fees. I wish you luck.

    Be Safe Out There

    Captain Dave
     
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  6. madman76

    madman76 Light Load Member

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    Sorry to hear that hope you didnt pay to much for it
     
  7. Cledus Snow

    Cledus Snow Medium Load Member

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    THIS. You definitely have damages against the tow company. I have over 10yrs experience owning a car dealership. I can tell you one of the things businesses DON'T like is being hauled in front of a jury. Two prime examples are both industries I have been involved in my whole career - 1) Trucking 2) Used cars. Jury's HATE both industries with the passion and will gladly reward consumers with big settlements. I know this is a tow company, but it's still the same in a jury's eyes, a business trying to defraud a consumer.

    Another element is the FTC. The FTC was created to protect consumers, you should get them involved, whether it's with your attorney, or just you. Even though the trailer was not reported stolen until after it was sold, the tow company has defrauded you a consumer. In the FTC's eyes it doesn't matter if it was intentional or not.

    I would first try to ask for your money back from the tow company. This option depends on what the company looks like, and how they treated you during the sale. If they are dirty, scummy, look white trash with empty pockets, and weren't polite during the purchase, this may not be the best option. But if you do go this route first, and they tell you to pound sand, I would tell them politely that legal action is next, the FTC will be involved, and my attorney will get the IRS to make sure you are up to date with your taxes and employee records, and make sure you have a dealers license to be reselling licensed vehicles. Tell him that you will get the local TV news station to do a story and does he want that reputation all over the community? Tell them you and your attorney will bring in every government department you can think of to audit their business to make sure no customer is ever defrauded by you again. If this doesn't get him to rethink his position, then he is dumb as fluck and you should proceed to your attorney.

    I would not sit by and get screwed, you as a consumer have waaaaay more options to recover you money than he does to defend his position. I think you are in California, which we all know is a heavily regulated state, there should be many laws there besides federal laws to protect you. Hopefully by you mentioning TV news, and all of these government agencies to come audit him, will sway him to settle with you.

    Keep your chin up, I wouldn't sweat it, let us know what happens!
     
    Last edited by a moderator: Dec 22, 2015
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  8. 6wheeler

    6wheeler Road Train Member

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    8. No crime was committed other than the thieves who stole it originally who were never caught.

    I doubt I can sue the towing company for damages, since they committed no crime and followed the rules governing a lien sale. They sold me a trailer they paid nothing for except storage in their yard.

    They may have gone about the right way of selling you the trailer, but it's still they were a receiver of stolen property. Its just like a pawn shop that receives stolen property and then later it's reported stolen. The towing company is on the hook for whatever you paid for it, and it's up to them to recover it from who ever stole it for storage.

    It's happened to me before with stolen property, restitution is owed to you for at least what you paid for it, and time loss of wages.
     
  9. daf105paccar

    daf105paccar Road Train Member

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    Did you go to a lawyer?
    If you didn't...................why not?
    Even if he can make a deal with the towing co to give some off what you paid back.(remember they have very little $$$ invested in this so they might be willing to deal)
    Or he might contact the insurance off the original owner and claim from them.
    Or the police might be wrong about who owns the trailer now.

    GO TO A LAWYER!!
     
  10. Skate-Board

    Skate-Board Road Train Member

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    Wow, that sucks big time! Sorry!!
     
  11. Cat sdp

    Cat sdp . .

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    Care to name the towing company ?
     
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