PurpleGold
Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA
I bought an 03 Volvo truck from an insurance company in Addison, IL in May of 2008. I immediately hired a tow truck to tow it to Chicago for repairs. The first company I took it to was MJ Trucking. They changed the oil and checked the transmission as well as the suspension. The mechanic informed that the vehicle was road worthy, except for the damage on the right side of the cab. He recommended a body repair shop in Chicago called Ben’s Truck & Auto Repair (located in McCook, IL). I had the truck towed to Ben’s shop. Ben stated that he would fully repair it in only 3 weeks and call me when it will be done. I agreed, but asked him for the estimate, to which he quoted $1,600.00. I left the truck there because I was satisfied with the price and the three week promise that he made. I immediately booked a flight back to Sacramento, California, where I reside in.
A month passed, and I called him because he never called me once since we last talked. I asked him how it was going with the truck, and he said that he did not start on it yet because something big came up and he was too busy. He ended the conversation by telling me not to worry and that he will start on it as soon as possible. Three weeks passed and I called him again, that’s when he did not answer my call. His wife picked up and told me that Ben was busy with other things and that he will call me back. I waited another three weeks for a call from him to no avail, so I decided to call him myself. When I finally reached him, I asked when I could come back for the truck. He apologized and said that he still did not start on the job yet because his employees got laid off, and asked me to give him some more time. I agreed, but I told him that he should call me so I won’t have to call him anymore.
Another month passed and Ben did not call, so I called him. I asked him again about the status of my truck and he said that he did not do anything and that I could pick it up as it is right now, or wait another month and he will have it done for sure. I had no choice but to wait because I did not want to fly to Chicago again for no reason. Also, I was still satisfied with the price he gave me, which is why I was still willing to wait.
More time passed and it was Fall. I was frustrated and called him yet again, asking him why he lied to me and did not do anything yet. He said that he was not willing to do the bondo work anymore due to the cold weather in his area. He then told me that he simply did not have enough time, and that if I thought that this whole thing was his fault, he could replace the entire cabin for $4,000.00, which usually costs $6,000.00. Again, I trusted him. About one month passed after we agreed to replace the cabin. I did not call him anymore because I thought we had an agreement. In March of 2009, I sent my partner, who is also on the title for this Volvo, to Chicago to see the situation. He found Ben in the shop and asked him why he hasn’t done anything and when his truck will be ready. Ben showed him the cabin that he was going to replace, and told him that he was going to do it as he promised me. My partner called me and said that he saw the cabin, that it looks good, and that Ben will replace it. I was really worried about the time period so I called Ben and asked him when he will get all of this done. He told me to give him some time.
In May of 2009, I called again and asked him when it will be done. He promised me that he’ll do it by Summer. Meanwhile, I sent a former employee of Ben’s, whose name is Stephen, to talk to Ben because he stopped answering my calls. Stephen was interested in buying the Volvo off me. Ben told Stephen that he would not recommend buying this Volvo. Stephen later found out through other employees, that Ben had parted out the transmission and sold it, and put an old transmission in its place. Stephen called me immediately and informed me of this. I called Ben and he finally picked up. When I asked him about the transmission, he furiously insisted that what I heard was lies. At this point, my temper ran out and I told him that I will pick up the truck as-is. He replied by saying that I couldn’t come because he had begun working on the cabin and that it was already taken off. I did not believe him anymore so shortly after our conversation, I again sent my partner to Ben’s shop in August of 2009. Yuriy called me and confirmed that what Ben was saying is true, that my cabin was taken off and his cabin was not on my truck yet.
Two weeks after, I tried reaching Ben but he did not answer any of my calls. I kept on calling him a few times a week for the entire month. In October of 2009, I found out his wife’s number. she is also in business with him. I called her and she said that Ben was sick, and that he would call me later. Since that time, my partner and I have been trying to reach them both to this day. My partner was there at Ben’s shop again in February of 2010. He saw that my old cab was separated, and the new cab was on my truck, but there was no dashboard and no wiring at all. He waited almost a whole day for Ben to show up, but he never did. However, he asked his wife where Ben was and she called him and he said he’ll be there later. Ben never came, so the next day my partner drove back to Portland, Oregon, where he lives. I did not know what to do because there was no way I could pick up the truck now.
Since that time, I have been sending over many different people from the Chicago area to Ben’s shop. All of them have told me he was never there.
On Tuesday February 28th, 2012, I sent my friend, who lives in Chicago, to Ben’s shop. He found Ben and asked where the truck was. Ben did not want to show him because he said he did not have to. My friend said that he has Power of Attorney from me and that if he does not show him the Volvo right now, he will call the police to make a stolen vehicle report. Ben begged him not to call the police and told him to come back in three days to see the truck on Friday. So he came back on Friday. Ben told him to wait a few hours because he apparently meant the end of Friday. My friend got angered by this, called me to tell me about it, and drove back home. When I found out about this, I was shocked so I called Ben but he did not pick up, as usual. I found some of Ben’s friends and explained the entire situation to them. I asked them whether or not they could go talk to him for me. They told me that there was no use in talking to Ben anymore, because “in the past two years, he has completely changed as a person and lies to everyone he comes across.”
Now, I realize why Ben never picked up my calls and why he did not want Stephen to buy the Volvo. He thought that I wouldn’t come pick up the Volvo and that he would keep it. A few days later my friend called me and said that everyone he has talked to regarding Ben, says that he is not a responsible guy and that I should come pick up the truck as soon as I can or I may never see it again.
I left all my work here in Sacramento and went to Chicago on Sunday March 4th, 2012. When I arrived at his shop, he was not there since it was not a business day for him. On Monday morning, I met him there. When he showed me my truck outside by the shop, I could barely recognize it because he stripped the engine, transmission, rear axles, hood, headlights, dashboard, battery, and many other parts were all gone. I told him that this can’t be my truck, because there is no VIN number. He said it is my truck and that it has a new cabin with a different VIN number. I told him that this was not right, and that he was supposed to put my dashboard with my VIN number. Ben said, “I have no problem with putting back the engine, transmission and everything else together, but you need to pay me storage fees for three years.” I asked him for what, and he said because I never came to pick up the truck. I got in an argument with him, telling him that the truck was never ready to be picked up, and when I did want to pick it up, he told me not to. Ben said, “Fine, just pay me for the new cab and your truck will be assembled and ready by March 30th. After our conversation, I went to the local police department to see what I could do because I did not trust him. The officer there informed me that Ben was at their department two weeks ago, asking them for advice on what to do if a guy from California left him a truck for three years and did not pay him storage fees. The officer told Ben that he needs to take it up with me in civil court. Now, I understand why Ben begged my friend not to call the police, because he did not want a police report. Ben went to the police and the DMV himself because he told me that he is trying to do a new lien sale title on this Volvo. I told Ben that he could not do this because the title is on my name, and that I’ll call the police on him. Ben said don’t call, because he will have it done by the 30th of March like we agreed. Ben did all of this because he wanted to get a new title and sell my truck. Luckily, I arrived in Chicago just in time to find out that he was trying to do. I have reason to believe that Ben will sell my Volvo under the new VIN number from a different dashboard.
I have been calling the McCook police but they are not willing to help me at all. They say that I need to take it up in a civil case. If I do that, my lawyer told me there's no guarantee that I win unless I get a criminal police report from them. If I get that, he guarantees I will win the case.
The McCook police also told me that if I come in to their office, they could file a report. But when I was there in Chicago, they did not want to file it because they said Ben was already there and kept on insisting that it's a civil case.
What can I do about this?
I bought an 03 Volvo truck from an insurance company in Addison, IL in May of 2008. I immediately hired a tow truck to tow it to Chicago for repairs. The first company I took it to was MJ Trucking. They changed the oil and checked the transmission as well as the suspension. The mechanic informed that the vehicle was road worthy, except for the damage on the right side of the cab. He recommended a body repair shop in Chicago called Ben’s Truck & Auto Repair (located in McCook, IL). I had the truck towed to Ben’s shop. Ben stated that he would fully repair it in only 3 weeks and call me when it will be done. I agreed, but asked him for the estimate, to which he quoted $1,600.00. I left the truck there because I was satisfied with the price and the three week promise that he made. I immediately booked a flight back to Sacramento, California, where I reside in.
A month passed, and I called him because he never called me once since we last talked. I asked him how it was going with the truck, and he said that he did not start on it yet because something big came up and he was too busy. He ended the conversation by telling me not to worry and that he will start on it as soon as possible. Three weeks passed and I called him again, that’s when he did not answer my call. His wife picked up and told me that Ben was busy with other things and that he will call me back. I waited another three weeks for a call from him to no avail, so I decided to call him myself. When I finally reached him, I asked when I could come back for the truck. He apologized and said that he still did not start on the job yet because his employees got laid off, and asked me to give him some more time. I agreed, but I told him that he should call me so I won’t have to call him anymore.
Another month passed and Ben did not call, so I called him. I asked him again about the status of my truck and he said that he did not do anything and that I could pick it up as it is right now, or wait another month and he will have it done for sure. I had no choice but to wait because I did not want to fly to Chicago again for no reason. Also, I was still satisfied with the price he gave me, which is why I was still willing to wait.
More time passed and it was Fall. I was frustrated and called him yet again, asking him why he lied to me and did not do anything yet. He said that he was not willing to do the bondo work anymore due to the cold weather in his area. He then told me that he simply did not have enough time, and that if I thought that this whole thing was his fault, he could replace the entire cabin for $4,000.00, which usually costs $6,000.00. Again, I trusted him. About one month passed after we agreed to replace the cabin. I did not call him anymore because I thought we had an agreement. In March of 2009, I sent my partner, who is also on the title for this Volvo, to Chicago to see the situation. He found Ben in the shop and asked him why he hasn’t done anything and when his truck will be ready. Ben showed him the cabin that he was going to replace, and told him that he was going to do it as he promised me. My partner called me and said that he saw the cabin, that it looks good, and that Ben will replace it. I was really worried about the time period so I called Ben and asked him when he will get all of this done. He told me to give him some time.
In May of 2009, I called again and asked him when it will be done. He promised me that he’ll do it by Summer. Meanwhile, I sent a former employee of Ben’s, whose name is Stephen, to talk to Ben because he stopped answering my calls. Stephen was interested in buying the Volvo off me. Ben told Stephen that he would not recommend buying this Volvo. Stephen later found out through other employees, that Ben had parted out the transmission and sold it, and put an old transmission in its place. Stephen called me immediately and informed me of this. I called Ben and he finally picked up. When I asked him about the transmission, he furiously insisted that what I heard was lies. At this point, my temper ran out and I told him that I will pick up the truck as-is. He replied by saying that I couldn’t come because he had begun working on the cabin and that it was already taken off. I did not believe him anymore so shortly after our conversation, I again sent my partner to Ben’s shop in August of 2009. Yuriy called me and confirmed that what Ben was saying is true, that my cabin was taken off and his cabin was not on my truck yet.
Two weeks after, I tried reaching Ben but he did not answer any of my calls. I kept on calling him a few times a week for the entire month. In October of 2009, I found out his wife’s number. she is also in business with him. I called her and she said that Ben was sick, and that he would call me later. Since that time, my partner and I have been trying to reach them both to this day. My partner was there at Ben’s shop again in February of 2010. He saw that my old cab was separated, and the new cab was on my truck, but there was no dashboard and no wiring at all. He waited almost a whole day for Ben to show up, but he never did. However, he asked his wife where Ben was and she called him and he said he’ll be there later. Ben never came, so the next day my partner drove back to Portland, Oregon, where he lives. I did not know what to do because there was no way I could pick up the truck now.
Since that time, I have been sending over many different people from the Chicago area to Ben’s shop. All of them have told me he was never there.
On Tuesday February 28th, 2012, I sent my friend, who lives in Chicago, to Ben’s shop. He found Ben and asked where the truck was. Ben did not want to show him because he said he did not have to. My friend said that he has Power of Attorney from me and that if he does not show him the Volvo right now, he will call the police to make a stolen vehicle report. Ben begged him not to call the police and told him to come back in three days to see the truck on Friday. So he came back on Friday. Ben told him to wait a few hours because he apparently meant the end of Friday. My friend got angered by this, called me to tell me about it, and drove back home. When I found out about this, I was shocked so I called Ben but he did not pick up, as usual. I found some of Ben’s friends and explained the entire situation to them. I asked them whether or not they could go talk to him for me. They told me that there was no use in talking to Ben anymore, because “in the past two years, he has completely changed as a person and lies to everyone he comes across.”
Now, I realize why Ben never picked up my calls and why he did not want Stephen to buy the Volvo. He thought that I wouldn’t come pick up the Volvo and that he would keep it. A few days later my friend called me and said that everyone he has talked to regarding Ben, says that he is not a responsible guy and that I should come pick up the truck as soon as I can or I may never see it again.
I left all my work here in Sacramento and went to Chicago on Sunday March 4th, 2012. When I arrived at his shop, he was not there since it was not a business day for him. On Monday morning, I met him there. When he showed me my truck outside by the shop, I could barely recognize it because he stripped the engine, transmission, rear axles, hood, headlights, dashboard, battery, and many other parts were all gone. I told him that this can’t be my truck, because there is no VIN number. He said it is my truck and that it has a new cabin with a different VIN number. I told him that this was not right, and that he was supposed to put my dashboard with my VIN number. Ben said, “I have no problem with putting back the engine, transmission and everything else together, but you need to pay me storage fees for three years.” I asked him for what, and he said because I never came to pick up the truck. I got in an argument with him, telling him that the truck was never ready to be picked up, and when I did want to pick it up, he told me not to. Ben said, “Fine, just pay me for the new cab and your truck will be assembled and ready by March 30th. After our conversation, I went to the local police department to see what I could do because I did not trust him. The officer there informed me that Ben was at their department two weeks ago, asking them for advice on what to do if a guy from California left him a truck for three years and did not pay him storage fees. The officer told Ben that he needs to take it up with me in civil court. Now, I understand why Ben begged my friend not to call the police, because he did not want a police report. Ben went to the police and the DMV himself because he told me that he is trying to do a new lien sale title on this Volvo. I told Ben that he could not do this because the title is on my name, and that I’ll call the police on him. Ben said don’t call, because he will have it done by the 30th of March like we agreed. Ben did all of this because he wanted to get a new title and sell my truck. Luckily, I arrived in Chicago just in time to find out that he was trying to do. I have reason to believe that Ben will sell my Volvo under the new VIN number from a different dashboard.
I have been calling the McCook police but they are not willing to help me at all. They say that I need to take it up in a civil case. If I do that, my lawyer told me there's no guarantee that I win unless I get a criminal police report from them. If I get that, he guarantees I will win the case.
The McCook police also told me that if I come in to their office, they could file a report. But when I was there in Chicago, they did not want to file it because they said Ben was already there and kept on insisting that it's a civil case.
What can I do about this?
