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Discussion Starter · #1 ·
Last Friday my Ford F-150 truck was stolen. I imediately reported it stolen to the cops and to my insurance company. Last night the cops recovered the vehicle about 100 miles from home. The slugs that had it (used car dealer) claim that they took it by mistake. The vehicle that they were supposed to get was a white Dodge 1500 (my truck is red). In the days that I have been without my truck I missed two days of work, my wife missed one day of work. I have a bill for a rental vehicle and now the t-case in the Ford seems to broken. What liability does the place that stole my truck have to me financially to compensate for these damages? Even though they claim an honest mistake can/should criminal charges be pressed for the theft? I live in Colorado and would appreciate responses from anyone qualified to advise in this matter (para-legal, attorney, judge). TIA.
Rondo
P.S This is posted here because my real truck is my Jeepster (thank God they didn't steel it)

 
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Discussion Starter · #2 ·
Ron, I'm a Repossession agent here in Colorado. One of our biggest fears is taking the wrong car so we will do everything to verify the VIN that we have the right car. That includes breaking into the wrong one if that is the only way to check the Vin that has been covered up. We would rather try to explain away with documents why we are breaking into your car to you or the police to check the number rather than take the wrong one. The reason for this is that A number of cases have been found that the repo agents were found liable for theft, and damage to the vehicle. Transmissions, transfers, tires, etc... from the sometimes violent forces used to get one away safely. You assume responsibility when you physically take control of that vehicle via driving or towing etc. Based on what facts you've presented in your statement, I would hold fast to the dealer to presenting you in good funds for repairs to your truck and lost wages and rentals or continue with pressing charges. Hint >>> Colorado has a Dealer's board that takes a dim view on unfair or shady business practices from used car dealers. You do need to press charges now in order to have the leverage necessary to have them do something. Also press charges againt the actual person(s) that took the vehicle. You can drop the charges before court date and also list that reasonable attorney's fees and court costs be listed in the suit. Email me for a phone number if you want to talk more or need some help. There's a lawyer here who keeps me out of trouble stealing up to 3-5 cars a day sometimes. I'm out on a limb here now but if they were trying to do a repo but got the wrong one, Did they tow it, steal it ? Where did they get the keys if they did ? There is also a requirement that the local authorities "HAVE TO" be notified 1 hour in advance till 2 hours after the actual event. This is a Class 2 criminal misdemeanor in Colorado with a jail time sentencing if not complied with and found guilty. If you immediately reported it and the authorities were not notified in the time frame allowed then they can be found guilty. Email me and we can take this off the board for more if you want. I would be extremely worried if I was the actual guy who took the truck with the dealer also having liability due to sending them after it. Yes mistakes do happen but there are safeguards to minimize the damage and bonds and insurance to pay for it required by law when a wrongful repossession has taken place. Circumventing these safeguards opens yourself up to a wide range of lawsuits. Please keep me informed on how this goes, I'm interested in cases like this due to my occupation.

Lenny in Colorado Springs
67 Jeepster
231 oddfire,T18 w/6.32,PS,Warn 10000, Detroit,4.10s,D30,D44,SOA,35x14.50 TSL Swampers
 

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I certainly wouldn't be satisfied till I saw everyone involved do jail time and lose all their licenses. Press it to the hilt!

Can't tell a Ford from a Dodge, or Red from White?

98% is Understanding it
"Don't Fix Unless Broke"
 

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Wow, what a hassle, at least your local law enforcement seemed to care a bit more about it than our's do, my wrangler was stolen a few years ago, called the cops and they did not seem to take much interest at all, 2 weeks later I had a friend call me saying he had seen it parked 50 miles from my house, no damage, only an empty tank of gas. Turned out that the steering wheel lock cylinder was faulty and they could just turn the switch with no key. Called the cops when I found it, they said they would be there in 30 minutes, but an hour later they still were not there, so I just left. Not like they are busy or anything, there is very little crime here, but they always need more people and more money, and new SUV's....... Hope you turn out on the upper hand of this mistake.

John
70 Jeepster with "Hurc package"
225 V-6/SM420/D18, D44's locked 4.88, 8" SOA 36's
48 flattie 225 V-6 HEI/T14/D20, D30/D44 31's.
98 Tacoma EC V6, 2" lift, 33's, and NO swaybar /wwwthreads_images/icons/smile.gif
 
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