10 day demand letter help

[rferg84]

Originally Posted by Texastaxi

This is a question for anyone in law enforcement.

On another thread, I mentioned that we had a contract with a company to rent out our RV. They told us that it was out on a long term rental, and it's been that way for the last two years. They are consistently at least 3 months behind on payment. Right now, they're 5 months behind. Back in March, our contract was up, and we told them that we wanted the RV back, and we were ignored.

We spoke to a LEO friend that said we first needed to send a "10 day demand letter", certified mail, with signature receipt. We did that, and they did sign for the letter. That was on the 18th of August, so we're well past the 10 days. According to the friend, we can now report the RV as stolen, to the Ft. Bend County Sheriff's Office.

Here's where I run into conflict. We have another friend that listed his RV with the same company, and has the same results. He didn't send a letter, but instead called the FBSO and they told him there was nothing they could do as it was a civil matter.

Does the 10 day demand letter change anything for me? Or will I end up having to file a lawsuit against them, to get my trailer back? If the letter does make this a theft, can you direct me to the legal stuff to reference?

Just in case you're wondering, the name of the company is Vakay RV Rentals in Rosenburg. If you're in the market to rent an RV or to get yours rented, stay very far away from these people.

I'm not an attorney nor do I play one on Tv.

I would send the demand certified mail and after the 10 days report it stolen.

[alien_scones]

declare it stolen and file an insurance claim.

let the insurance company recoup.

[Bryan11]

All i know is i will never rent my RV out after reading a story like this.

I'm in the camp of reporting it stolen and then filing a BBB claim and potentially a suit against Vakay for not acting on your behalf and trying to recover the property after the agreement and payments ceased.

[Texas8point]

Originally Posted by Bryan11

All i know is i will never rent my RV out after reading a story like this.

I'm in the camp of reporting it stolen and then filing a BBB claim and potentially a suit against Vakay for not acting on your behalf and trying to recover the property after the agreement and payments ceased.

I like this idea


Sent from my iPhone using Tapatalk

[Texastaxi]

Update!

Tina went to the Ft Bend Sheriff's Office with all the required documents.
They filed a stolen vehicle report and praised her on having all her ducks in a row with the demand letter, signed receipt, contract and proof of where it was.

I don't know how fast they'll act, but Vakay will be getting a visit from a detective in the near future.

In the mean time, I'll file a complaint with the BBB.

Bryan11, renting RVs could be a lucrative business, but I wouldn't trust someone like this. If you did it yourself, through rvshare.com or outdoorsy.com, I think you could have a much better result. We were doing it like that at first, but with our schedules, and having the RV stored 15 miles from our house, it was just a pain.
I think I'll wait to see what kind of shape it's in, before I file a suit for the owed money.

[tvc184]

Originally Posted by Texastaxi

Update!

Tina went to the Ft Bend Sheriff's Office with all the required documents.
They filed a stolen vehicle report and praised her on having all her ducks in a row with the demand letter, signed receipt, contract and proof of where it was.

I don't know how fast they'll act, but Vakay will be getting a visit from a detective in the near future.

In the mean time, I'll file a complaint with the BBB.

Bryan11, renting RVs could be a lucrative business, but I wouldn't trust someone like this. If you did it yourself, through rvshare.com or outdoorsy.com, I think you could have a much better result. We were doing it like that at first, but with our schedules, and having the RV stored 15 miles from our house, it was just a pain.
I think I'll wait to see what kind of shape it's in, before I file a suit for the owed money.

I actually wrote a comment to your OP similar to this comment but then deleted it before posting.

I was going to address where you said ”We have another friend that listed his RV with the same company, and has the same results. He didn't send a letter, but instead called the FBSO and they told him there was nothing they could do as it was a civil matter”

It probably depended on who your friend talked to. Was it actually a deputy who knew what he was talking about? The “civil issue” answer is at times popular with some officers as at usually requires no paperwork.

Was it a deputy trying to minimize paperwork who knew that he wasn’t telling the complete story?

Was it a deputy telling the truth because without a demand letter, it is a civil matter but…. he didn’t mention that IF you do these things, it will no longer be a civil issue?

There are plenty of reasons that officers will put on those roller skates.

As you demonstrated, when she went down there, there was no problem at all with filing charges.

[Quackerbox]

Originally Posted by Texastaxi

Update!

Tina went to the Ft Bend Sheriff's Office with all the required documents.
They filed a stolen vehicle report and praised her on having all her ducks in a row with the demand letter, signed receipt, contract and proof of where it was.

I don't know how fast they'll act, but Vakay will be getting a visit from a detective in the near future.

In the mean time, I'll file a complaint with the BBB.

Bryan11, renting RVs could be a lucrative business, but I wouldn't trust someone like this. If you did it yourself, through rvshare.com or outdoorsy.com, I think you could have a much better result. We were doing it like that at first, but with our schedules, and having the RV stored 15 miles from our house, it was just a pain.
I think I'll wait to see what kind of shape it's in, before I file a suit for the owed money.

Good deal!!

Sent from my SM-G970U using Tapatalk

[bboswell]

This is sounding better than I expected!

[CoolHandLuke]

Another thing to think about is will your rv insurance cover any loss or damage? Most carriers exclude coverage if the rv is used in a rv rental or sharing program. Look at your policies and call your agents to make sure.

[Lights Out]

Good read

[Burnadell]

Originally Posted by Laketex

Maybe have a friend rent the trailer, then not fill out the paperwork, block it in, call the sheriff, you bring the title and paperwork, and take the trailer home?

Say whaaaatttt????

Originally Posted by Texastaxi

Update!

Tina went to the Ft Bend Sheriff's Office with all the required documents.
They filed a stolen vehicle report and praised her on having all her ducks in a row with the demand letter, signed receipt, contract and proof of where it was.

I don't know how fast they'll act, but Vakay will be getting a visit from a detective in the near future.

In the mean time, I'll file a complaint with the BBB.

Bryan11, renting RVs could be a lucrative business, but I wouldn't trust someone like this. If you did it yourself, through rvshare.com or outdoorsy.com, I think you could have a much better result. We were doing it like that at first, but with our schedules, and having the RV stored 15 miles from our house, it was just a pain.
I think I'll wait to see what kind of shape it's in, before I file a suit for the owed money.

Good deal. Keep us posted!

[Texastaxi]

Originally Posted by Laketex

Maybe have a friend rent the trailer, then not fill out the paperwork, block it in, call the sheriff, you bring the title and paperwork, and take the trailer home?

We actually talked to one of our friends (that has a 1 ton truck; my Tundra won't pull it) and thought about going down there. If the trailer was actually on their lot, just hooking up to it and taking it home. I figured with the title, there's not much that Vakay could do. The officer that Tina talked to, yesterday said that even though it is our trailer, that could have landed us in a mess ... trespassing.

I often feel like our laws do more for the criminals, but it seems like we took the right steps that will keep us out of trouble. I'm sure, in the end, we'll be in the red, but at least we'll be done with them.






Anyone in the market for a 32' 2017 Trail Runner?

[Mayhem]

Originally Posted by Texastaxi

We actually talked to one of our friends (that has a 1 ton truck; my Tundra won't pull it) and thought about going down there. If the trailer was actually on their lot, just hooking up to it and taking it home. I figured with the title, there's not much that Vakay could do. The officer that Tina talked to, yesterday said that even though it is our trailer, that could have landed us in a mess ... trespassing.

I often feel like our laws do more for the criminals, but it seems like we took the right steps that will keep us out of trouble. I'm sure, in the end, we'll be in the red, but at least we'll be done with them.






Anyone in the market for a 32' 2017 Trail Runner?

I own virtually the same camper, 32’ and you can pull it with a tundra, I’ve seen me do it.

All you need is a equalizer hitch.


Sent from my iPhone using Tapatalk

[Quackerbox]

Originally Posted by Texastaxi

We actually talked to one of our friends (that has a 1 ton truck; my Tundra won't pull it) and thought about going down there. If the trailer was actually on their lot, just hooking up to it and taking it home. I figured with the title, there's not much that Vakay could do. The officer that Tina talked to, yesterday said that even though it is our trailer, that could have landed us in a mess ... trespassing.

I often feel like our laws do more for the criminals, but it seems like we took the right steps that will keep us out of trouble. I'm sure, in the end, we'll be in the red, but at least we'll be done with them.


Anyone in the market for a 32' 2017 Trail Runner?

I could see where that is a very gray line.

One could argue that the renter could have an expectation of privacy since they rented the trailer. On the flip side the rental agreement is null and void since they havent paid the note and as far as Im concerned and Im the one that shows up, your name is on the registration, youre lovely wife has all this nice paperwork. Hook it up and lets go. Its the same as a car repo if you ask me.

The rest can come out later but at least you have your property. I mean, what sort of complaint does the renter file anyway?

[Texastaxi]

Originally Posted by Mayhem

I own virtually the same camper, 32’ and you can pull it with a tundra, I’ve seen me do it.

All you need is a equalizer hitch.


Sent from my iPhone using Tapatalk

Nuff said!

[walker1983]

I would send them a certified letter stating the contract terms and the payments owed.

If they sign for the letter, it's hard to prove that they were not aware of what was going on if it escalates to legal action.

"This letter shall be official notice to you, that if the item is not returned to ______ address by ________date that further legal action shall be pursued"

[RiverRat1]

Originally Posted by Quackerbox

I could see where that is a very gray line.

One could argue that the renter could have an expectation of privacy since they rented the trailer. On the flip side the rental agreement is null and void since they havent paid the note and as far as Im concerned and Im the one that shows up, your name is on the registration, youre lovely wife has all this nice paperwork. Hook it up and lets go. Its the same as a car repo if you ask me.

The rest can come out later but at least you have your property. I mean, what sort of complaint does the renter file anyway?

I think this also. No contract, rental agreement, nothing.

The only recourse they would have is if they claim to live in the trailer like a home. That gets deep into the BS.

BTW - You may want to debate(or ask people who have sued) if waiting is a good idea. I'd lean towards starting the suit now. You know you're not getting the 5-6+ months rent owed you for starters. Add in everything else you can think of. Also add in a vague amount (if possible) for damage.

Worse case is you get to court and they still don't have your RV back to you. So you sue for what's owed plus get it on record in courts they stole your RV and when it gets back to court (if next court can see last courts record) you'd be golden on whatever damages there were.

[talltexasshoote]

Originally Posted by RiverRat1

I think this also. No contract, rental agreement, nothing.

The only recourse they would have is if they claim to live in the trailer like a home. That gets deep into the BS.

BTW - You may want to debate(or ask people who have sued) if waiting is a good idea. I'd lean towards starting the suit now. You know you're not getting the 5-6+ months rent owed you for starters. Add in everything else you can think of. Also add in a vague amount (if possible) for damage.

Worse case is you get to court and they still don't have your RV back to you. So you sue for what's owed plus get it on record in courts they stole your RV and when it gets back to court (if next court can see last courts record) you'd be golden on whatever damages there were.

Do not forget to include court costs and “document preparation”. Barges in the filing. Civil courts are very willing to tack these on.

[flywise]

I bet its barely worth burning by the time you get it back unfortunately

[eastover53]

If the renters are living in it, you might have to go through an evictions process to get them out.

Sounds like a nightmare situation.

[Tbar]

In for results.....

[Greenheadless]

Originally Posted by walker1983

I would send them a certified letter stating the contract terms and the payments owed.

If they sign for the letter, it's hard to prove that they were not aware of what was going on if it escalates to legal action.

"This letter shall be official notice to you, that if the item is not returned to ______ address by ________date that further legal action shall be pursued"

[Man]

Even though you insurance will probably cover it are you going to go after the company as well? I guess I take stuff like that more personal than most, and couldn't sleep at night knowing that there would be no consequences to the company for what they did if I just took my insurance money and walked away.

Didn't you have a plan to go on a week long family vacation in your camper across the U.S. right after the contract was up? That now can't happen because of the actions of said mentioned company?

[Bigfootwolff]

If or when the case gets to the DA's Office, and the individuals are charged/indicted, a common effort to dispose of the case is that if the charged person(s) agrees to return the RV in good condition, plus pay outstanding rental fees to the OP (restitution), then the DA's Office might agree to dismiss the case, or place the defendant on pretrial diversion, which has become very common in Ft. Bend County.

[Wampuscat]

I'd take the letter and contract to your local PD or Sheriff and report it stolen. Don't take the first "no" from a lazy-desk-bound LEO. Let your insurance company deal with it. That's why you pay them. They'll cut you a check quickly.

I went the lawsuit route when a repo company took my Harley (mistaken for another one) and damaged it. I was mad and wanted them to have to pay me personally. I won the suit in JP Court (small claims) but they refused to pay, and filed an appeal to the Brazoria County Appeals Court. There's nothing you can do about it, even if you win, other than pursue a judgement over their assets. But even then you have an uphill battle to ever recover anything at all. They'll just sell their assets for pennies on the dollar to a family member or friend. BTW if I'd won an appeal, I couldn't sue for anything greater than the first judgement won in JP Court. Not even for further court or legal fees.

My insurance company had me a check in less than a week.

[Tmag]

Hope you get it back in good shape Kevin. And I hope you get your money too.

[Bucknaked]

Originally Posted by Wampuscat

I'd take the letter and contract to your local PD or Sheriff and report it stolen. Don't take the first "no" from a lazy-desk-bound LEO. Let your insurance company deal with it. That's why you pay them. They'll cut you a check quickly.

I went the lawsuit route when a repo company took my Harley (mistaken for another one) and damaged it. I was mad and wanted them to have to pay me personally. I won the suit in JP Court (small claims) but they refused to pay, and filed an appeal to the Brazoria County Appeals Court. There's nothing you can do about it, even if you win, other than pursue a judgement over their assets. But even then you have an uphill battle to ever recover anything at all. They'll just sell their assets for pennies on the dollar to a family member or friend. BTW if I'd won an appeal, I couldn't sue for anything greater than the first judgement won in JP Court. Not even for further court or legal fees.


My insurance company had me a check in less than a week.

Post #55

[6.5 shooter]

I see BBB mentioned on here a few times.
BBB does nothing and they are a waste of time.

[captainsling]

Originally Posted by Mayhem

I own virtually the same camper, 32’ and you can pull it with a tundra, I’ve seen me do it.

All you need is a equalizer hitch.


Sent from my iPhone using Tapatalk

You can. Doesn’t mean you should.

[Mayhem]

Originally Posted by captainsling

You can. Doesn’t mean you should.

Pulled it 500 miles. The camper weighs 8500lbs. All you need is trailer breaks, it’s a simple concept really.


Sent from my iPhone using Tapatalk

[captainsling]

Originally Posted by Mayhem

Pulled it 500 miles. The camper weighs 8500lbs. All you need is trailer breaks, it’s a simple concept really.


Sent from my iPhone using Tapatalk

I guess you are protected from yourself judging by your avatar. Takes more than the trailer brakes in an emergency is all I am saying. And the 8500 pounds is probably empty. No?

[Texastaxi]

Some of you seem to be confused, based on your comments.
To clarify:

We signed a contract with a company that has a fleet of rental trailers.
They rent them out, just like you'd do on rvshare or outdoorsy.
When the trailer is rented, we get 40% of the rental fee.
They're supposed to clean the trailer after each rental and do any maintenance required.

The detective called Tina a short while ago. He's going by Vakay, TODAY, to see if our trailer is on their lot. If it is, he is going to inform them what's going on an that we will come get it today. If it's not there, he will let them know that if they don't get it back to us, they're going to have problems.

This is moving pretty quick, which makes me happy. I know the legal end of this, to collect our money won't be nearly as quick.

Ft Bend Sheriff has been nothing but helpful through this ordeal.

[RiverRat1]

Originally Posted by 6.5 shooter

I see BBB mentioned on here a few times.
BBB does nothing and they are a waste of time.

This is not true.

I filed a BBB report against a Dodge dealership. They called me about 4-5 days later and worked with us to resolve the issue. Before the BBB report they basically told me to pound sand.

But even if it does nothing to get them to help, some people actually look at BBB so they can know to steer clear. Everyone can read your complain. So it can and will help others.

[captainsling]

Originally Posted by Texastaxi

Some of you seem to be confused, based on your comments.
To clarify:

We signed a contract with a company that has a fleet of rental trailers.
They rent them out, just like you'd do on rvshare or outdoorsy.
When the trailer is rented, we get 40% of the rental fee.
They're supposed to clean the trailer after each rental and do any maintenance required.

The detective called Tina a short while ago. He's going by Vakay, TODAY, to see if our trailer is on their lot. If it is, he is going to inform them what's going on an that we will come get it today. If it's not there, he will let them know that if they don't get it back to us, they're going to have problems.

This is moving pretty quick, which makes me happy. I know the legal end of this, to collect our money won't be nearly as quick.

Ft Bend Sheriff has been nothing but helpful through this ordeal.

Glad to hear they are moving quickly!

[Greenheadless]

Originally Posted by RiverRat1

This is not true.

I filed a BBB report against a Dodge dealership. They called me about 4-5 days later and worked with us to resolve the issue. Before the BBB report they basically told me to pound sand.

But even if it does nothing to get them to help, some people actually look at BBB so they can know to steer clear. Everyone can read your complain. So it can and will help others.

This.

[Texastaxi]

The detective went by ... they had already moved to another location in Needville.
The trailer wasn't on the lot; just advertised on their website to hopefully get people in the door. Ron, the owner of Vakay said our RV is in Louisiana and is supposed to be back next week. Detective told him that if it wasn't back next week that he would be responsible for the theft of the trailer. Ron said he knew how it worked; apparently this isn't the first time this has happened.

Since Ron did admit that the trailer is in Louisiana, that proves that it has been rented all this time and that he does owe us all that back rent. As of today, 6 months worth.

I wish he would have put his *** in cuffs, but I guess this is due process.

I guess we'll start getting documents together for small claims court. IMO a useless avenue, but it may be enough to hurt his business once we have a judgement against them.

I don't often have ill will towards anyone, but I hope their business is ruined after this. Very unprofessional way to operate.

[Bucknaked]

I wouldn’t do it anyway but after this I Definitely would never rent mine out.

[6.5 shooter]

Originally Posted by RiverRat1

This is not true.

I filed a BBB report against a Dodge dealership. They called me about 4-5 days later and worked with us to resolve the issue. Before the BBB report they basically told me to pound sand.

But even if it does nothing to get them to help, some people actually look at BBB so they can know to steer clear. Everyone can read your complain. So it can and will help others.

That was on the dealer, BBB can’t do anything.

[Burnadell]

Originally Posted by Texastaxi

The detective went by ... they had already moved to another location in Needville.
The trailer wasn't on the lot; just advertised on their website to hopefully get people in the door. Ron, the owner of Vakay said our RV is in Louisiana and is supposed to be back next week. Detective told him that if it wasn't back next week that he would be responsible for the theft of the trailer. Ron said he knew how it worked; apparently this isn't the first time this has happened.

Since Ron did admit that the trailer is in Louisiana, that proves that it has been rented all this time and that he does owe us all that back rent. As of today, 6 months worth.

I wish he would have put his *** in cuffs, but I guess this is due process.

I guess we'll start getting documents together for small claims court. IMO a useless avenue, but it may be enough to hurt his business once we have a judgement against them.

I don't often have ill will towards anyone, but I hope their business is ruined after this. Very unprofessional way to operate.

Kevin, did the Vakay owner give the cop the address of where the RV is in Needville? Did he explain to the cop why he has not paid you? If my math is correct, Vakay owes you $12,600 for 6 months rental. That's some serious coin. Have you spoken with Ron to ask why he has not paid you?

Not legal advice, but here is what I would do: First, I would be at the rental dealership, in his face, demanding my money. Since you have received payments from him in the past, you have his bank account information. If you file suit in small claims (JP) court, you will most likely get a judgement for the amount Vakay owes you. Once you get the judgement, you can file a Writ of Attachment to attach Vakay's bank account, and the bank is obligated to pay you from Vakay's account. I read on TBH often that folks get a judgement but then...nothing. You can collect if they have money in their bank account and you know where that bank account is.

Of course, you want your RV back first, and I would press to get that plus what he owes you. Once you have possession of your RV, then file suit for the amount owed if he has not already paid you. Then go after his bank account.

[Quackerbox]

Im glad to hear this going well.

Sent from my SM-G970U using Tapatalk

[Stan R]

More people than normal that don't read before they post

I hope you get it worked out.

[Das71198]

I hope you get your money & it all works out. Hopefully the trailer is not trashed.

[rtp]

Sounds like positive things are happening. Keep on that scumbag.


Sent from my iPhone using Tapatalk

[Benno]

I’ve been following this thread out of curiosity and the outcome. If I read correctly the contract included the renter responsible for cleaning and repairs, I would be sure to tack on the repairs needed to suit, I’m sure there will be some.

[JHT]

Your best bet is the law finds it burnt up and you get the insurance money and call it done.

90% of the foreclosed homes post eviction I have been in are completely destroyed. If it's worth .50c it won't be there.

Hopefully it works out for ya'll.

[TX_Kevin]

I find this whole thing astonishing. I just would not have believed that the law would allow this. Makes you wonder what other businesses are this crooked. Anyway, Kevin you have far more patience than I do. I hope you get all the money that you are owed, and if you have to file a law suit, I have a close friend down there in Rosenberg that is a lawyer.

[Tryton]

[QUOTE=Mayhem;16401537]When they say the woodlands, that means it’s somewhere over off Tamina where they have to pipe daylight.


That made me laugh!

[Clint]

I hate that this has happened to you Kevin.

I also hate what is taking place with a past employee and friend. By that I mean i wouldn't have expected this from him.

One never knows.

[RiverRat1]

Originally Posted by JHT

Your best bet is the law finds it burnt up and you get the insurance money and call it done.

90% of the foreclosed homes post eviction I have been in are completely destroyed. If it's worth .50c it won't be there.
Hopefully it works out for ya'll.

Anyone have any clue how this would work out? He should be getting paid monthy for rental. If it was gone (burned, stolen, in the lake) does insurance pay him just the value of trailer and then can he still sue for the monthly payments never collected?
Or would court say he can not collect more than total value of property?

Originally Posted by TX_Kevin

I find this whole thing astonishing. I just would not have believed that the law would allow this. Makes you wonder what other businesses are this crooked. Anyway, Kevin you have far more patience than I do. I hope you get all the money that you are owed, and if you have to file a law suit, I have a close friend down there in Rosenberg that is a lawyer.

People hate negativity. But if you look around you will be surprised how many places are complete scams. And they get away with it all the time.

Did you see a while back when people were moving into homes for sale and it was taking months and months to kick them out? Crap like that happens every day. Makes me sick.

[BrianL]

I would suggest anyone doing this either have an airtag hidden or GPS tracker installed. Or both