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wt20707 · Oct 8, 2008, 07:47 PM

Vehicle was repo'd. I paid off the balance of loan to finance company. Finance company has sent release order to recovery agency who has my vehicle. The agency is not allowing me to retrieve my vehicle. I call recovery agency and get voice mail, I leave message, no call back so after many calls I finally get through only to be told that I need an appointment to get vehicle back and each day I'm told that they are fully booked for that day. Try again the next day and same thing... and each day there is a $35 storage fee being charged.. My question is do I have any chance of suing this company. It seems to me like extortion. They have my property I;m trying to reclaim it and through no fault of mine I am unable to. It seems as if they make it nearly impossible to make an appointment just to get more money out of people.. I would like to sue them if only for the storage fees

Fr_Chuck · Oct 8, 2008, 08:05 PM

All impound yards that I know of, charge impound fees. And most expect you to come down and see them, not call them on the phone,

Did they not have some office person at the impound yard to take your money when you just show up ? All impound yards I know of do.

wt20707 · Oct 8, 2008, 08:14 PM

No they won't even see me until I make an appointment. I will pay them once I get an appointment set. Like I said it seems as though they use this as an excuse to get more money out of people because it is so hard to get through to someone to make an appointment and once you do get through they say they're booked I don't think it's right for them to hold my property that way and then charge me as well

ScottGem · Oct 8, 2008, 08:23 PM

I would document all your calls then get your car, then sue them for the fees. Once you call and are ready to pick up the car, they can't force you to pay storage fees because they can't provide an appointment.

I'm reasonably confident you will win in small claims court.

If you don't want to pay up first, then I would send them a letter by messenger so that you get a receipt. In that letter state that you paid off the balance on x date and called to pick up your car on x date. All your attempts to pick up the car have been rebuffed by them. In effect, they are holding your car hostage illegally. If you they do not allow you to pick up the car the next day, you will swear out a warrant for grand theft auto against them.

wt20707 · Oct 8, 2008, 08:26 PM

Thank you for your response I will follow your advice..