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katherine

Junior Member
What is the name of your state? Georgia

We were replacing the brake pads and having the rotor turned on my car and we have a city ordinance that your car can't be left disassembled on our property. We were leaving for the evening and we pieced together, finger tight, the tire and other pieces and left it slightly elevated on the jack, knowing we were getting the rotor back the next day. We come home later that night to find my car had been re-poed! (as embarrassing as I am to say) but not as PROUD as I am to say I recovered my vehicle! We immediately called the finance company and they were surprised they had gotten my car so quickly and of course it was after hours and they told us to call back in the morning to the appropiate department to discuss all the details of how to recover the vehicle, we knew that would be the case, however we had to let them know that the car was under repair when it was taken. The following day we contacted the finance company and explained and they provided us with the contact number of the service who towed the vehicle. We immediately called them and the owner, which happens to be the actual person who picked up my car, advised us that he did see the jack and he moved the jack out of the way and we discussed any possible damage it may have caused. Our neighbors saw the whole thing and said that as he left the neighborhood dragging my car on the back tires (which by the way it was the rear driver's side we were working on at the time) was making a AWFUL NOISE! This happened back in the first week of June. I couldn't go and look at the damage until I recovered the vehicle and paid this particular service the fees they require - which I did that all in the last week of June. Over $2300.00 I paid total to the finance company and wrecker service - knowing my car was in perfect condition when he picked it up (except for us replacing those brakes) we get to his place of business and my car is not driveable. We took with us the new pads and the rotor thinking we would be able to just put those parts in place and I would be good to go! Not! I had to have my car towed from the repo place twice to get it to the dealership for an estimate of the damage that was done. The finance company had advised us that if the car was under repair it should of - 1) been left alone or 2) towed on a flatbed. It is a Volvo so Volvo certification is necessary when repairing major components, such as the hydraulic system was shot, the caliber had came loose off the hose and the wheel was so scratched and banged up along with numerous other components. The repo man told us to get him an estimate and we would go from there - well thats what we were doing and of course I advised the finance company of the issue and they got involved, somewhat, and when the estimated amount of damage that was done was close to $1300.00, when the finance company contacted the agent he denied ever seeing a jack and insisted the car wasn't under repair. He advised them that we signed a release form and therefore he isn't liable, well, I didn't sign a release form and I brought it to the finance company's attention and he then offered $450.00 and I said no! Not enough - and he made his final offer $550.00 and that was that. My finance company washed thier hands of it and said they were no longer involved I had to deal with it on my own. To this day, I have contacted the Public Service Commissioner, his insurance company (which I had to find out who they were on my own)and they sided with him stating he said there was no jack and the car wasn't under repair so they washed thier hands of it. I just got my car back last week by filing a claim on my insurance and paying my deductible and still nothing from him! Come to find out, when a car is being re-poed they are to advise local authorities that they will be picking up the vehicle and in this case he did not do that, I have filed a complaint with the locals and it gets even better, I never received a repo notice that month from the finance company and when asked to produce the proper documentation with authority to reclaim the said vehicle there is no supporting documents to be shown. I am on disability and have Doctor's appointments every week and have had to rely on others for my transportation not to mention dealing with the stress surrounding my car! I have been told by an attorney friend, which only deals with criminal cases, that by all means this man is 100% plus liable for all damages and it gets even stickier, possibly criminal, if indeed they do not come up with proper documentation of the recovery of that vehicle for the bank. In the meantime while I wait to see if it turns into a criminal case, meaning without that paper work he had no right on my property yet alone the right to tow my car! Any suggestions? Please help me! Is this small claims? Civil? I am at the point of going after not only repair costs but punitive damages as well!
Thank you to all!:confused:What is the name of your state?
 



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