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biggerone
26-05-07, 02:22 PM
This one is going to be long so please bear with me.

Back in February we sold our horse truck to a family member who was in need of horse transport desperately. We already had brought a new float and as we had downsized the truck was just sitting in the driveway not getting used. We offered it to the family member on a payment plan (as they didnt have the cash up front) with the proviso that it was to be registered by them, all maintenance was to be kept up by them and any expenses were also up to them.

It is now the end of May and we have heard every excuse under the sun as to why they are unable to pay us. As at the beginning of May we are now unable to get hold of said family member and they are not returning calls, emails, text messages or any sort of contact.

Here is the thing we went there to reposess the vehicle and it has been wrecked. The tailgate has been left open in the weather and is rotten, they have removed the mattress from the cab and chucked it on the ground for their dogs to sleep on, they have stripped all the sponsor signs off the sides which has stripped the paint with it. I was too upset to look inside the rest of the vehicle as it is now unsellable and unuseable.

I have no idea where we stand on this as the vehicle is still registered in our name (a stipulation when they took it until paid for) but we can no longer advertise this vehicle for sale. We understand that cars and trucks depreciate in value but we will be lucky now to get $2000.00 for it in its current state.

I am really disappointed as I dont expect this from family. I had very little faith in horsey people before due to other incidents but now I have lost faith completely.

What I want to know is do we reposess it and take them to court or just leave it there and take them to court anyway??

Has anyone been in a similar situation or knows of one and can advise of the outcome and what action needs to be taken from here to keep this reasonably civil but we still get what we are owed??

skip
26-05-07, 03:27 PM
What a nightmare! How sad for you as you're trying to help family out and this is how you are repaid!
If it is registered in your name why can't you still repossess it? Doesn't sound like leaving it there is a good option either as they are obviously not being respondsible for it.
Hope you can get some good advice but sounds like you need legal help! This is no small matter as this is a lot of money. Your money being wasted by someone else who doesn't seem to care. Family or not.
I was selling a float recently and a buyer came to see it. She seemed happy with price etc so I thought this is good. Then she asked me when I wanted the money by? I was tempted to say it's normal practice to pay WHEN you buy something. I said would a few weeks be enough time as I wasn't in a hurry. ( for a change )

But she had more like a few months in mind ? Bit of a waste of time!
So because it was family you thought you could trust them. Difficult situation and I can't see it being pleasant.

Montego
26-05-07, 11:56 PM
You can choose your neighbours but not your relatives. Such a waste of a good truck.

Take it back, it's not going to improve where it is. You've done your dough unfortunately. It would now cost more than it's worth to "take them to court" so all you've got left is a restoration project.

What's the bet they'll have a big sob story about why they couldn't do what they promised.

kelli
27-05-07, 12:12 AM
did you get anything on paper as to the deal agreed on?

if they have no money what will taking them to court achieve?

i would threaten them with court action and see what happens,i would look into where you stand legally, if they do come to an agreement to pay for the damages or the truck whichever get it on paper

i wouldnt take the truck back but get photos of all the damage, at least until after you have legal advise as taking it back may ruin any case you have

if you decide against legal action then by all means take it back and cut all contact with them, you may need to involve the police to get it back as you will be treaspassing to get it unless they give you permission to be there

Kaddy
27-05-07, 12:19 AM
Probably after the horse has bolted, but.... did you have anything in writing??

If yes - I would take them thru small claims court & make them pay for it, as now you will have to spend more money on it to return it to a saleable condition.

If not - I'm afraid this is probably an expensive lesson.

It always amazes me about families, they are supposed to love & care for you & are usually the ones that treat you the worst, but we put up with it because they are family..... if it had been just a friend who had done this to you, would you not be screaming blue murder from the nearest rooftop??

Chicken
27-05-07, 12:53 AM
As the vehicle is still in your name, I would have thought that you could take it back....

You could take them to court, but it might be worth just putting it down to experience. It's a pretty emotional thing, though court and all that. Might be better for your sanity to get the truck back, fix it up and sell it, then just never speak to these relo's again.

I firmly believe in Karma and there time will come - you never know when, but it will... Live has proved this to me over the years - sometimes you have to wait 15 odd years, but sure enough Karma does arrive.

This is probably not much help, as legally I don't know where you stand.