Repo company says they made a mistake but now my car has damages

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jimbjamb62

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My car dealership unknown to me had placed an order of repossession on my mini-van for my payment being a week late. By coincidence I contacted them the same day, made arrangements to pay, and placed my account in good standings and ahead of scheduled payments, thus they cancelled the repossession order. A full week later as I left to go to work my van is missing from my driveway, and I find out the repossession company had towed it away at 2am. I contacted my car dealership, they told me the repo company made a mistake and my van will be returned to me that morning. I then stepped out side to find they had dragged my van with the front tires on the ground 692 feet while the vehicle was in park before hooking up to the front of the vehicle, and it is a frontwheel drive vehicle. This was obvious by the black tire marks heading down the road. They damaged my rear bumper, Ruined a set of tires with 3000 miles on them, my alingment appears to be way off and now the transmission is making strange noises and dosent seem to shift right and has a hard time going into park. I contacted the Texas department of liscensing and regulation and the Repossesion companies owner and was assured that any damages would be addressed. Then while I was at work they went to my property without permission or my presence, took pictures, and the repossesion companies owner convinced the TDLR represenetive that his trucks couldn't have possibly caused any of these damages. Now I can't get either one to answer my calls and my van is getting worse to drive every time we use it. HELP:eek: Any advice or suggestions would be greatly appreciated.:yes:
 
Continue your efforts.
Get repair estimates from a couple of reputable shops.
Send a demand letter to the agent for the repo company.
Sue them for the damages if they don't respond.

You should try to get some sort of written verification from the dealer that the repo order was canceled. If they didn't do it, or don't provide it, include them in the suit as well.
 
I would say they made a MISTAKE. I would consider an attorney. I'm not sure if you can press beyond the cost of repairs to the vehicle but I would at least go to a free consult with a local attorney.
 
Thanks for the input mightymoose
So far the tire company has attributed the damage to my new tires from the tow, and that the tires are not fixable. They even put that on paper for me. The collision center has given me a quote to fix the rear bumper and said it appears to be from a tow bar, but stop short of saying it definitely was. They also stated the body lines on my doors hood and fenders that are now out of a line and unevenly gaped, {did I say he went over a curb and 3 speed bumps before he stopped and hooked it up to the front} could be a sign of hidden damage but again wouldn't say it was due to improper towing. As far as the possible damage to my transmission, I am told it would have to be basically torn down and inspected. then proving it was from the towing would be hard to prove, and very pricey I am being quoted $190.00 just to start. And the alignment that visually looks to be out, {one tire appears to shoot off to the side while the other is straight} can only be checked by getting an alignment. LOL imagine that! Cost from $50 to $80 depending on where you go. So I am looking at around $260 to just check it out and I have all ready missed 2 days of work behind this, one the day it was taken, and the other was when the towing company had agreed to meet and have the vehicle inspected then proceeded to stand me up. I am told proving the damages where caused by improper towing is still yet entirely another tough task My main concern was the transmission as we tote Grand kids and their friends, thus why we have a minivan. This really puts us in a tight spot as we cant just afford to fix it, yet we can't afford to go without it either.
Thanx for your time and I shall remain diligent.
 
Thanks jharris352
Yes I will do exactly that and see what I may learn. I will let you know, so far we have Tires = $250 Rear bumper repair at = $585 Alignment = $65 on the average, providing no parts are damaged. Tear down and inspect transmission starts at $190 and we don't know anything more until it is apart. inspect for a possible bent frame caused by towing from rear wheels while in park over speed bumps at a high rate of speed. {you can tell as the skid marks hit the speed bumps disappear then start again about a foot and a half after the bump} check frame = $250 to start as they have to put it on the machine and start removing body parts to get to measurement points. The dealership said they sent out an e-mail to them the same day we paid the account it was almost a solid 7 days later when they towed it.
Thanx for your time and it looks like I need to get a consultation from a lawyer.
 
You won't have to prove that the damage was caused by the towing company... you will have to give enough evidence to show the damage was most likely caused by the tow company.
It isn't a criminal case... your burden of proof is quite a bit lower here. It sounds like you are on the right track. If you are able to get a couple of estimates with similar statements then you will be in good shape. You can send copies of those with your demand letter to the agent of the company.
 
I don't know, I like Pinky and the Brain, but I decided now that I am a Legal Scholar I'm suppose to act like one! ;-P
 
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