NeedSomeJustice
Junior Member
Hi,
I'm in Maryland and I'm going through hell with both a used car dealership and a Tow Company.
Firstly....I put money down on a 1995 Chevy Tahoe in April 2006 the engine was bad and a part of the contract was that they replace the engine, they had the truck two weeks before i got it and after leaving, I realized that the engine hadn't been replaced, so I called the dealership they told me to just drive it until the engine dies and then they'll replace it. So I did, and in July the engine went out, and I had it towed to their mechanic(they didn't even pay for the tow). They had my truck for a whole month "replacing the engine" which should've taken 10 days at longest, without giving me any loaner or anything. By the way I'm self-employed which the dealership knew before financing me, so I complained heavily about the timeframe and the money I was losing by not being able to get around, So, the second-in-command gave me a 3 month deferment for "my pain and miscomfort". In September a couple days after my normal payment would have been made(the 15th), I received a call saying that the owner of the used auto dealership changed his mind and said that I couldn't have the deferment and that needed to pay immediately. After arguing that it was a breach of contract and they saying I had no proof of a deferment, I said,'ok I'll make my payment on "next Friday" and they said fine'. This was a Wednesday. Well on Saturday after that Wednesday my truck was taken and I found out that they had it taken. I called them and told them I had made a payment arrangement for "next Friday' and they said they did have that written down but that they took that to mean the Friday coming up and I said I would've said 'This Friday' and they basically were like "oh Well' . I had made all of my payments up until the September payment even while they had my truck . They told me I had to pay for the month I owed,plus late fee's, plus a repo fee. So, on Oct. 14th I called to pay what was owed and they then said I had to pay 2 more months in addition, I said why didn't you tell me this then and they said "that was then and this is now", so I said I need access to the vehicle to get items and make the rest of the money. They said they didn't know where my vehicle was being stored at and when I asked for the Tow Company's information they were giving me the run-around. So I said I'll just call the Police, they should have record of it and then they were like wait-wait, hold on let me contact the tow company. So when I got off the phone with the dealership I called the Police anyways...and found out there wasn't any record of a repossession in the system(in Maryland the Tow Company and/or Dealership must report the Repo for it to be Valid). Then the Tow Company called me back and said it was at "his" lot which when I got there turned out to be a BP gas station. I got in my truck and it wouldn't start up, the mechanic looked at it, told me the drive shaft had been disengaged, I paid him $20 to re-engage it. I calld the tow company back and asked him to bring the repossession papers with him and he said he hadn't gootten them yet from the owner of the dealership, I said you mean you took my truck without any papers showing you had proof to legally touch my truck. The tow company never showed up so i drove off. About two hours later the Police were at my apartment and my wife called me saying they were saying they were gonna lock me up for Grand theft because the owner of the dealership said I took the car off of his dealership lot. I contacted the officer who was involved and after I told im what really happened and gave him the BP store manager's number he then told the owner of the dealership that i didn't commit a crime and that it was a civil matter. The officer then told me to try to make payment arrangements. So I did try, first by phone and he said he wouldn't accept any payments and then about a month later I went to the dealership and he said he wouldn't take any payments, only full payment for what was still owed on the vehicle, late fee's for every month up until that date, plus repo fee's. i told him firstly i don't have to pay any repo's fee's because 1) you didn't send me a discretionary notice. 2) you didn't sent me the required notice after the truck was taken and 3) the repossession was invalid and illegal. And He said I still had to pay and that he would not take any payments and that he is refusing payment and that he'll se my "Black-ass" in court and I said "OK and I'll countersue" and that was the last i heard from him thinking I would receive a civil summons from the courts; in May of 2007 the Police came looking for me with a warrant for my arrest. After turning myself in, I found out that the owner of the dealership filed U/UV, Unlawful Taking of a Motorvehicle, and Theft Over $500 charges against me by way of a statement of charges. The charges were based on the events that happened with the invalid repo, which happened in October 2006. The charges were Nolle Pros'd on August 29th, 2007 because the prosecutor said it was a civil matter and that the plaintiff didn't take the right course of action. Well about a week before the the 29th the truck was taken again, and again no repossession was called in, nor was I sent the Required notice for a Repossession and the dealership wouldn't answer my calls. Come to find out the owner of the dealership was selling the business and sold his location to another dealership so they're not even there anymore. I filed a stolen auto report was later resended because the police said it was a civil matter.
Now the second part and my second Civil issue. The tow company used in both invalid "repo's" I found out has an invalid USDOT # and unauthorized to tow anything in the state of maryland since feb. 22, 2006 so they shouldn't've toouched my truck the first or second time. The first time took my truck without my permission or consent, left my truck on a unsecured gas station parking lot, disengaged the drive shaft/shifter to render it inoperable, which is a violation of the Maryland code, and then threatened me after i got the truck back. Now after the second invalid repo I found the truck parked in P.G. County, I live in Montgomery County and to my knowledge the truck isn't supposed to have left the county. It was parked on an Exxon Gas Station PArking lot - unsecured. I took pictures and zi waited to the following morning and went back called the police, who made me wait 45 minutes for the tow truck company to get there, the tow truck company didn't have the right documentation showing that they had the right to repo the truck but the a Rockvilee City polcie Officer(that's where the tow truck company lives) called the Exxon to speak to the P.G. Coutny ppolice on the tow truck companies' behalf, after that the P.G. police told me that becasue it wasn't my property that the vehicle was on that I couldn't remove it even though I was the titled and registered owner and had all my documentations proving it. They said that they were gonna let Montgomery County handle it. So the tow truck company loaded up my truck and I followed them across into Montgomery County and I called the Montgomery County police, come to find out that the tow company had called at the same time saying I was trying to assault them, so the police pulled me over on one side of the road and pulled the tow truck company over on the other side of the street, while I was telling the police what went on they let the tow truck drive off with my truck and then old me that a repo had been called in at 11:02 am that day it was 12:10pm at that point. I said how in the hell is that possible when i was at my vehicle since 9am and I called the police assist oin my recovery. Come to find out that the P.G. County Police allowed them to call in the Repo and even though I objected that it was breaching the peace, allowed them to take my vehicle. So 45 mintues later the tow company owner called me and said he wanted togive memy truck back, that he didn't want to be in the middle of what was going on between me and the dealership. So I met him up at a lot he uses in Rockville, and he handed over all paperwork in reference to my truck and then when i walked around to the back i saw that all four of my tires were stabbed and falttened and that the truck had been keyed down the driver's side and on the back, and that my front tag was missing. Now mind you none of this was the case 45 minutes before and it was in the tow companies' possession until I got it and the owner of the tow company was right there when i saw it and he acted nonchalant about it. He then offered to tow me wherever I neede to go, I just looke da t him and said No that's OK, I'll be OK. He left, I took Pictures, had another tow company tow me to get more tires, and I called the police to get it all on record.
I need to know how to go about suing both the tow company and the dealershipand on what grounds can I sue and if I can sue the Dealership for Wrongful/Malicious Prosecution being as thought hey were told by the police that my actions weren't . Also if any of you guys know of an attorney that would be willing to take on these cases, i would gladly appreciate the referrral. Please help
I'm in Maryland and I'm going through hell with both a used car dealership and a Tow Company.
Firstly....I put money down on a 1995 Chevy Tahoe in April 2006 the engine was bad and a part of the contract was that they replace the engine, they had the truck two weeks before i got it and after leaving, I realized that the engine hadn't been replaced, so I called the dealership they told me to just drive it until the engine dies and then they'll replace it. So I did, and in July the engine went out, and I had it towed to their mechanic(they didn't even pay for the tow). They had my truck for a whole month "replacing the engine" which should've taken 10 days at longest, without giving me any loaner or anything. By the way I'm self-employed which the dealership knew before financing me, so I complained heavily about the timeframe and the money I was losing by not being able to get around, So, the second-in-command gave me a 3 month deferment for "my pain and miscomfort". In September a couple days after my normal payment would have been made(the 15th), I received a call saying that the owner of the used auto dealership changed his mind and said that I couldn't have the deferment and that needed to pay immediately. After arguing that it was a breach of contract and they saying I had no proof of a deferment, I said,'ok I'll make my payment on "next Friday" and they said fine'. This was a Wednesday. Well on Saturday after that Wednesday my truck was taken and I found out that they had it taken. I called them and told them I had made a payment arrangement for "next Friday' and they said they did have that written down but that they took that to mean the Friday coming up and I said I would've said 'This Friday' and they basically were like "oh Well' . I had made all of my payments up until the September payment even while they had my truck . They told me I had to pay for the month I owed,plus late fee's, plus a repo fee. So, on Oct. 14th I called to pay what was owed and they then said I had to pay 2 more months in addition, I said why didn't you tell me this then and they said "that was then and this is now", so I said I need access to the vehicle to get items and make the rest of the money. They said they didn't know where my vehicle was being stored at and when I asked for the Tow Company's information they were giving me the run-around. So I said I'll just call the Police, they should have record of it and then they were like wait-wait, hold on let me contact the tow company. So when I got off the phone with the dealership I called the Police anyways...and found out there wasn't any record of a repossession in the system(in Maryland the Tow Company and/or Dealership must report the Repo for it to be Valid). Then the Tow Company called me back and said it was at "his" lot which when I got there turned out to be a BP gas station. I got in my truck and it wouldn't start up, the mechanic looked at it, told me the drive shaft had been disengaged, I paid him $20 to re-engage it. I calld the tow company back and asked him to bring the repossession papers with him and he said he hadn't gootten them yet from the owner of the dealership, I said you mean you took my truck without any papers showing you had proof to legally touch my truck. The tow company never showed up so i drove off. About two hours later the Police were at my apartment and my wife called me saying they were saying they were gonna lock me up for Grand theft because the owner of the dealership said I took the car off of his dealership lot. I contacted the officer who was involved and after I told im what really happened and gave him the BP store manager's number he then told the owner of the dealership that i didn't commit a crime and that it was a civil matter. The officer then told me to try to make payment arrangements. So I did try, first by phone and he said he wouldn't accept any payments and then about a month later I went to the dealership and he said he wouldn't take any payments, only full payment for what was still owed on the vehicle, late fee's for every month up until that date, plus repo fee's. i told him firstly i don't have to pay any repo's fee's because 1) you didn't send me a discretionary notice. 2) you didn't sent me the required notice after the truck was taken and 3) the repossession was invalid and illegal. And He said I still had to pay and that he would not take any payments and that he is refusing payment and that he'll se my "Black-ass" in court and I said "OK and I'll countersue" and that was the last i heard from him thinking I would receive a civil summons from the courts; in May of 2007 the Police came looking for me with a warrant for my arrest. After turning myself in, I found out that the owner of the dealership filed U/UV, Unlawful Taking of a Motorvehicle, and Theft Over $500 charges against me by way of a statement of charges. The charges were based on the events that happened with the invalid repo, which happened in October 2006. The charges were Nolle Pros'd on August 29th, 2007 because the prosecutor said it was a civil matter and that the plaintiff didn't take the right course of action. Well about a week before the the 29th the truck was taken again, and again no repossession was called in, nor was I sent the Required notice for a Repossession and the dealership wouldn't answer my calls. Come to find out the owner of the dealership was selling the business and sold his location to another dealership so they're not even there anymore. I filed a stolen auto report was later resended because the police said it was a civil matter.
Now the second part and my second Civil issue. The tow company used in both invalid "repo's" I found out has an invalid USDOT # and unauthorized to tow anything in the state of maryland since feb. 22, 2006 so they shouldn't've toouched my truck the first or second time. The first time took my truck without my permission or consent, left my truck on a unsecured gas station parking lot, disengaged the drive shaft/shifter to render it inoperable, which is a violation of the Maryland code, and then threatened me after i got the truck back. Now after the second invalid repo I found the truck parked in P.G. County, I live in Montgomery County and to my knowledge the truck isn't supposed to have left the county. It was parked on an Exxon Gas Station PArking lot - unsecured. I took pictures and zi waited to the following morning and went back called the police, who made me wait 45 minutes for the tow truck company to get there, the tow truck company didn't have the right documentation showing that they had the right to repo the truck but the a Rockvilee City polcie Officer(that's where the tow truck company lives) called the Exxon to speak to the P.G. Coutny ppolice on the tow truck companies' behalf, after that the P.G. police told me that becasue it wasn't my property that the vehicle was on that I couldn't remove it even though I was the titled and registered owner and had all my documentations proving it. They said that they were gonna let Montgomery County handle it. So the tow truck company loaded up my truck and I followed them across into Montgomery County and I called the Montgomery County police, come to find out that the tow company had called at the same time saying I was trying to assault them, so the police pulled me over on one side of the road and pulled the tow truck company over on the other side of the street, while I was telling the police what went on they let the tow truck drive off with my truck and then old me that a repo had been called in at 11:02 am that day it was 12:10pm at that point. I said how in the hell is that possible when i was at my vehicle since 9am and I called the police assist oin my recovery. Come to find out that the P.G. County Police allowed them to call in the Repo and even though I objected that it was breaching the peace, allowed them to take my vehicle. So 45 mintues later the tow company owner called me and said he wanted togive memy truck back, that he didn't want to be in the middle of what was going on between me and the dealership. So I met him up at a lot he uses in Rockville, and he handed over all paperwork in reference to my truck and then when i walked around to the back i saw that all four of my tires were stabbed and falttened and that the truck had been keyed down the driver's side and on the back, and that my front tag was missing. Now mind you none of this was the case 45 minutes before and it was in the tow companies' possession until I got it and the owner of the tow company was right there when i saw it and he acted nonchalant about it. He then offered to tow me wherever I neede to go, I just looke da t him and said No that's OK, I'll be OK. He left, I took Pictures, had another tow company tow me to get more tires, and I called the police to get it all on record.
I need to know how to go about suing both the tow company and the dealershipand on what grounds can I sue and if I can sue the Dealership for Wrongful/Malicious Prosecution being as thought hey were told by the police that my actions weren't . Also if any of you guys know of an attorney that would be willing to take on these cases, i would gladly appreciate the referrral. Please help