Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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  #1  
Old 01-04-2006, 10:47 AM
Dano
 
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A little kindly help

I was wondering if some one could give me some insight as to what I might do about this.(documents are attached).
I was recently fired from a job and upon returning to my job to get my last paycheck and tools noticed that my tool box and and tools were missing.
So I found out who took them and wrote a letter to the tool guy.
Explaining to him that not only was the tool box and tools that I was paying for taken, but also tools that were paid off and that I would either like them to be returned to me so I can keep making payments so I can use my tools, or return the money I had already paid and to remove the negative marks from my credit report. Sounds reasonable right? I could have called the police and reported a theft. In these attachments is the letter he sent to me. Any ideas on what I should do.

This is what I would like to happen:
1. I want the stuff back that was paid for.
2. Get the stuff back that I was paying for and continue to make payments or pay it off all together.
3. He can keep the tool box and tools that were being paid off, but have the negative marks taken off my credit report.
Thanks for any help
Dano
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File Type: pdf Letter from Matco tools.PDF (179.0 KB, 14 views)
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  #2  
Old 01-05-2006, 03:40 PM
Dano
 
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Any one?....
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Old 01-05-2006, 04:18 PM
idknow idknow is offline
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help

Quote:
Originally Posted by Dano
Any one?....

sue him in small claims
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Old 01-05-2006, 04:56 PM
masterduke masterduke is offline
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I am suprised your former employer would allow him (matco guy) to take the tools and box without your consent or presence. It would seem that they would have some culpablity in this as well. Whether you owe or not. It was not the former employers power to give it away. (although stuff like this happens all the time) I lost a completly restored '52 Cushman Eagle Scooter in a similar situtation. After consulting an attorney he said I should have taken it off the property when I had the chance. Even "won" a judgement to have it returned..... never happened. Don't leave your stuff if you can help it.
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Old 01-05-2006, 06:18 PM
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David Merrill David Merrill is offline
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letter

Quote:
This is what I would like to happen:
1. I want the stuff back that was paid for.
2. Get the stuff back that I was paying for and continue to make payments or pay it off all together.
3. He can keep the tool box and tools that were being paid off, but have the negative marks taken off my credit report.

The letter looks reasonable to me.

Apparently you paid off the Makito drill worth $150. He is taking that to update your weekly payments.

Your complaint presumes there are other tools that are already paid off. Or that got mixed in from your possessions. Itemize those out and maybe he will give those back if you are making the weekly payments.

You have a bit of equity in these tools I presume. The man who wrote the letter knows that. He is simply holding his property until you have paid it off or show him he can trust you to.

I may be missing some details and therefore speaking out of context. But it looks as if you keep up the payments or pay things off, you will get your tools. If you were to give him $150 for instance he would probably give you back your drill too. He is holding it because you stopped making payments.

The only unreasonable thing I see him doing is keeping tools you already own to hedge having to buy tools that he does not necessarily need. If you pay off the loan, it looks like you will probably get those back.

Small claims court might work but an equity judge like that is likely to take his stance - that he should hedge against having to buy more tools for his operations than he needs. He is doing that by holding your owned tools. But he is doing that obviously to keep you from going into default and losing all claim to the tools you are still paying off.


Regards,

David Merrill.
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  #6  
Old 01-05-2006, 06:39 PM
James James is offline
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Dano

It’s important to get insight to the following questions.

1. If you in fact stopped making weekly payments, as Bruce implied in his letter, when and why were weekly payments stopped?

2. Specifically where was your tool-box and tools? (public or private property)

3. Factually who gave Bruce permission to steal your tool-box and tools?

4. Do you have a receipt of the tools that were paid for?
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  #7  
Old 01-06-2006, 06:50 AM
Dano
 
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Quote:
Originally Posted by James
Dano

It’s important to get insight to the following questions.

1. If you in fact stopped making weekly payments, as Bruce implied in his letter, when and why were weekly payments stopped?

I missed about two weeks payments, a total of 40$, because I was fired and since I had alot of stuff I needed to find a truck to pick it up.

2. Specifically where was your tool-box and tools? (public or private property)

They were at an Autobody shop. Inside the shop in front of my work bay.

3. Factually who gave Bruce permission to steal your tool-box and tools?

The person who worked next to me said that he asked where I was and when he found out that I was fired, he said he was taking it back and promptly helped himself to it.

4. Do you have a receipt of the tools that were paid for?

I did, unfourtunatley, they were in the tool box he removed.

Thanks for the help.
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