Bike Repo'd By Mistake!!!
#11
Absolutely file some type of criminal damage to property report with your local pd. They were negligent in not making sure they had the right vehicle and since you were parked in a lot (read not the public way) you may have some teeth indeed in extracting a toll. I HATE tow/repo companies and drivers. I'm sure there are some ok ones, so don't get all wadded up if it's what you do, but this is typical of how they roll. They hook as quick as possible and get out of dodge with the vehicle so there's less chance of interaction. I can't blame them in part for that, but not being sure you have the right vehicle should put you on the hook (see what I did there) for compensation.
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#12
That's not wrongful or negligent anything..... that's THEFT and VANDALISM... You shouldn't have to fork out a deductible, make a claim and then have your rates go up for damages they caused to your bike, no way in hell. That company and that driver should be the ones footing the bill and paying for you a comparable rental bike in the process. I'm not the "jump on their desk" type but man, these repo companies have zero regard for boundaries or respect for personal property. I know it comes with the territory but they screwed the pooch here, not you. Time for them to pay up for it.
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#13
Join Date: Aug 2008
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Originally Posted by Cbyway
The whole thing sounds effed up. Did you confirm someone didn't switch the plates on your bike?
Reason being, I have seen many, many times where the wrong plates were issued to a vehicle at the DMV, especially court house annex buildings. Thousands of people are out there with plates on their vehicles that were never assigned to the correct documents.
Most people don't check the registration docs to confirm the license plates are correct and matching.
Reason being, I have seen many, many times where the wrong plates were issued to a vehicle at the DMV, especially court house annex buildings. Thousands of people are out there with plates on their vehicles that were never assigned to the correct documents.
Most people don't check the registration docs to confirm the license plates are correct and matching.
Last edited by Prot; 04-20-2019 at 01:29 AM.
#14
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#15
#16
#19
In Texas this will probably end up being a civil deal but certainly warrants an offense report with your local LE office. They would most likely title the report "Investigation Patrol" or "Investigation Auto Theft". Either way, an investigator will look into the incident on your behalf. For an auto theft charge the elements of Knowingly, Willingly or Intentionally are applicable. Bear in mine all three elements are not required. If the plate was reported falsely as a repo by the finance company its a whole different ballgame. Any damage during a repo is a civil nature. Usually, once a vehicle is repossessed the original owner never attempts to re-claim the vehicle due to being so far behind on the payments anyway.
The strange element here is this. Normally once a repossession hit is placed on a vehicle, only the finance company or the wrecker service contracting for the finance company know about the repossession. The "hit" is not entered in the TCIC/NCIC database. I know of no repossession vendors in the Harris County or surrounding counties who have cameras mounted their trucks out there looking for vehicles to repossess. The drivers have the documents in their possession to re-claim any vehicle they are looking for with every objective. Repo-men usually operate in stealth mode and attempt to take custody of the vehicle without confrontation. Them taking your vehicle by mistake by not confirming the VIN is the same situation as the Police kicking in the wrong door with a search warrant.
This deal just doesn't pass the smell test. One of two things probably happened here. Either the repo man accidentally took the wrong bike or he intentionally took (stole) your bike while having papers in his possession and in the process of another repossession. These wrecker drivers are in the loop with the chop shops. Its a great defense if caught with the wrong bike to be able to state he simply mistook your bike for the wanted bike. Of course it makes him look stupid however, that is not his concern and its all about money.
Years ago this would have been a case for Marvin Zindler on Eyewitness news. There are other investigative reporters on the Big 3 networks in Houston. They get off on stuff like this, and get the quickest results. Calling a lawyer at this point will only cost you more money.
The strange element here is this. Normally once a repossession hit is placed on a vehicle, only the finance company or the wrecker service contracting for the finance company know about the repossession. The "hit" is not entered in the TCIC/NCIC database. I know of no repossession vendors in the Harris County or surrounding counties who have cameras mounted their trucks out there looking for vehicles to repossess. The drivers have the documents in their possession to re-claim any vehicle they are looking for with every objective. Repo-men usually operate in stealth mode and attempt to take custody of the vehicle without confrontation. Them taking your vehicle by mistake by not confirming the VIN is the same situation as the Police kicking in the wrong door with a search warrant.
This deal just doesn't pass the smell test. One of two things probably happened here. Either the repo man accidentally took the wrong bike or he intentionally took (stole) your bike while having papers in his possession and in the process of another repossession. These wrecker drivers are in the loop with the chop shops. Its a great defense if caught with the wrong bike to be able to state he simply mistook your bike for the wanted bike. Of course it makes him look stupid however, that is not his concern and its all about money.
Years ago this would have been a case for Marvin Zindler on Eyewitness news. There are other investigative reporters on the Big 3 networks in Houston. They get off on stuff like this, and get the quickest results. Calling a lawyer at this point will only cost you more money.
Last edited by Cbyway; 05-02-2018 at 06:26 AM.
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