Towing Fees for a Car I Sold, When Buyer Didn't Update Title

Brian Woods · #1 08-08-2005, 08:43 PM

I sold a car well over a year ago, to a friend, and he kinda stiffed me on the deal. It was a $600 car, and he really needed it so I shrugged it off. Problem is, I never took my name from the title, and I was listed as the lean holder.

About two or three months ago, I received a letter stating that a towing company in his area picked up the car, and was going to action it off is I didn’t “make arrangements” I believe is the wording they used.

I tried calling the company (Mast Brothers) several times, but never got a return phone call.

I had basically written the car off in my mind as a loss, but now, I just received a letter from a collections agency saying I owe them $800! I never even received a bill! Let alone a call back when I contacted them!

HELP!

P.S. When I got the letter from Mast Brothers saying they had the car, I went to the DMV to try and get contact info for the guy that bought the car, and they said the only way I could get that info was if I filed a claim against him in small claims.

Brian Woods · #2 08-08-2005, 08:59 PM

I have started my letter of dispute, and will be sending it with in the next three days (as I would like feedback before sending it).

aaron · #3 08-08-2005, 09:49 PM

You stayed on the title as an owner, not just a lien holder? It's a good thing he didn't cause an accident.

Brian Woods · #4 08-08-2005, 10:33 PM

I'm almost positive I am down as the lean holder, and NOT the owner. But I guess technically I would still be the "owner".

Brian Woods · #5 08-09-2005, 11:17 AM

Along with my letter of dispute, I am inclosing this letter as well.

Do you think this is the proper action?

Quote:

Dear Sir or Madam:
Enclosed is a letter of dispute.

This vehicle was sold car on January 29, 2004 to ###### ######. And the title was transferred to his name.

I received a letter from Mast Bros. Enterprise Inc. that stated I should contact them or the vehicle would be auctioned off. I contacted them on May 16, 2005 and left a message with their after hours service but never received a replay (I have phone records verifying this). I also contacted them at a later date and left a second message, again I received no response. However, I do not have any documentation with verification of a date for that call. To date I have not been contacted by them (other than the initial letter stating they had the car), or received any form of a bill.

The date listed elapsed, and still no contact. As far as I know, the matter was resolved (from the auctioning of the vehicle).

I am more than willing to turn over the title to who ever needs it, and assist in helping you in any manner that I can. However, I don’t believe I owe any thing on this account as one, I never received a bill or notification of any charges, and two, I am not the owner of the vehicle (I am only the security holder). Also, I will note that I have not been paid for the vehicle. To date I have received NO payments on the loan or the fees involved in transferring the title.

In closing, I also have no way to contact Mr. ######, as he did not inform me of his new address or phone number (when I requested it VIA e-mail). So I have been unable to release interest in the vehicle to him.

Sincerely,

Brian Woods

aaron · #6 08-10-2005, 12:46 AM

There is a huge difference between being listed on the title as an owner or a lien holder. The title will either list you as a co-owner, or you will be listed separately from the ownership information as a lien holder. If you are only a lien holder, you should not be liable for the owner's actions, but if you are a co-owner then you share responsibility for the car and may well end up stuck with the bill (subject to recovering the money from the buyer).

Unfortunately, I cannot provide legal advice through this forum, or for your state (as I don't practice in Oregon).

Brian Woods · #7 08-10-2005, 02:04 AM

That is quite alright!

I am listed as the lean holder, and not a co-owner, so I am feeling much more at ease already (my name is listed at the bottom of the title).

This site has already help me so much just from the FAQs I can’t thank you enough!

If I had not found this site, I feel I might have ended up being SOL because of the 30 day thing, and this collections company is already refusing to return my calls (hmm, sounds like a dirty delay tactic if you ask me).

Again, THANK YOU!