10 day demand letter help

[Mayhem]

So now it will be a week later than what they told the detective?

I would be on the horn with the detective and have him go by there again. I would not wait another week for it. He is kicking the can down the road at this point. I would be very surprised if he actually knows where you camper is.


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[wellingtontx]

As others mentioned, likely your insurance will deny coverage because you rented it out.


Depending on trailer value, I think I would file suit against Vakay, then if they turn it in to their insurance for defense, then you might get some money. Suit will need to be couched in terms of their negligence in renting and entrusting to unqualified renters, failing to properly vet renters, etc. unpaid rent owed.

If you allege theft, very well could plead yourself out of Vakay's insurance. Most all CGL policies exclude coverage for claims arising out of criminal acts.

[RiverRat1]

So now it will be a week later than what they told the detective?
I would be on the horn with the detective and have him go by there again. I would not wait another week for it. He is kicking the can down the road at this point. I would be very surprised if he actually knows where you camper is.

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This is what I'm thinking. 10% chance he will be able to get the trailer on the 30th.


A few weeks to audit the account my *****!! Stay on him. Try to get something from him ASAP even if it's only 10-20% of what they owe you. The more you get now the better the odds they pay you off in the future. Once it goes to court why would he ever pay you a dime?

[CEO]

If I had to make an educated guess, I would say he has no idea where the camper is currently unless they installed some type of gps before it left. These people probably stopped paying, stopped answering the phone, and took off long ago.

That is how some of our customers operate at least.

[Hoggslayer]

I wouldn't give that guy a inch. If he had reached out, I might be more inclined to give him the benefit of the doubt. I'd sic the detective on him the minute his time ran out.

[RiverRat1]

The more I think about this the more I'm sure he's screwing you.

Audit - Takes 5 minutes. Did he cut you checks or not? LOL Gee that was tough.

I agree, don't give him an inch. Demand money today. At least some. Be prepared to fight off excuses. It's none of your business if the trailer was stolen, the guy didn't pay rent, etc.. That's why he takes 60% because that's his business.

Be careful as he will most likely be changing numbers and will say it was only rented 30 days over the last 6 months. So you need to catch him first admitting the guy had it this entire time (on tape if you can).

Get with detective ASAP - Tell him you don't want to wait another week just to hear the next excuse. I'm sure the detective knows its all BS. Hopefully he gets after him today or tomorrow.

Good luck.

[curtintex]

I have some guys that can go talk to him.


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[Greenheadless]

Detective told him that if it wasn't back next week that he would be responsible for the theft of the trailer.

I would throttle this demand and follow thru on the filing of stolen property if the trailer doesn’t show up on time.

They have had their chance. The6 chose this path, not you.

[Burnadell]

Kevin, you want I should go pay him a visit on your behalf and splain the rules of ethics to him? I will be traveling down 59/69 pretty soon.

[MASTERS]

I have some guys that can go talk to him.


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Sign me up coach!

[texasdeerhunter]

Tina texted Ron on Sunday to let him know that we expect to get our trailer back this week, like he told the detective, along with the past due payments. Since he admitted to the detective that it was still rented, he didn't realize that he confirmed how much he owes us.

He finally responded to the text last night and said that we could come get our trailer next Friday, the 30th, but it would take him a few weeks to audit our account to see IF he owed us any money!

I do expect, whenever we do get the trailer, that it won't be in very good condition. I plan to pull it directly back to the dealership that we bought it from, for them to go through the whole thing and give us an estimate of repairs on everything except normal wear and tear. I know they're not going to have the rest of our payments when we get the trailer, and I doubt, even when they figure out that they owe us for 6 months, that they'll be able to pay up.

I'm not a litigious person, but I am anticipating having to sue them for the past due payments as well as damages. They painted themselves into a corner when their contract says they do all the general repairs out of their 60% fee. They haven't seen the trailer in 2 years. I imagine when it gets to their lot, they'll be scrambling to get it clean and repaired.

I'll have to check with Tina, but I think they even charged us for the yearly inspections, and never did them. I'll tack that on too.

You say you aren’t litigious, and I think that just a good thing regarding most conflicts, but you are well past the point of being accommodating. It’s time to bring in an attorney and throw everything you can at him. These are the kinds of instances where attorneys are beneficial to resolving your cause. I hope it works out for you, just judging based on your posts in this thread you have been more than reasonable

[RR 314]

If he says you can pick it up the 30th, if he really thinks he will have it back/ready then, I would start going up there whenever practical and see if it is on the lot and document the condition before he starts putting a lipstick on it. While I was there, I would honestly not leave the dude’s office until he cut me a check for the rent. Would also have the recorder on my phone going at all times.

[RR 314]

As others mentioned, likely your insurance will deny coverage because you rented it out.


Depending on trailer value, I think I would file suit against Vakay, then if they turn it in to their insurance for defense, then you might get some money. Suit will need to be couched in terms of their negligence in renting and entrusting to unqualified renters, failing to properly vet renters, etc. unpaid rent owed.

If you allege theft, very well could plead yourself out of Vakay's insurance. Most all CGL policies exclude coverage for claims arising out of criminal acts.

Solid advice, grasshopper. :-). Also, look at your K and see if there is a waiver section to see if you waived any causes of action. Most notably Section 17.41.

[dhall1414]

well now i'm hooked. in for updates

[RR 314]

Good grief. . .

Challenge them double or nothing on back rent with a spelling contest.