Welcome to Bimmerfest -- The #1 Online Community for BMW related information! Please enjoy the discussion forums below and share your experiences with the 200,000 current, new and past BMW owners. The forums are broken out by car model and into other special interest sections such as BMW European Delivery and a special forum to voice your questions to the many BMW dealers on the site to assist our members!

Please follow the links below to help get you started!

Go Back   Bimmerfest - BMW Forums > The Best of Bimmerfest! > BMW Coding and Programming

BMW Coding and Programming
Discuss coding options and features on your BMW here.

Reply
 
Thread Tools Display Modes
  #26  
Old 12-21-2012, 01:37 PM
Hopeajordan Hopeajordan is offline
Registered User
Location: Nc
 
Join Date: Dec 2012
Posts: 13
Mein Auto: 2005 530i
Quote:
Originally Posted by shawnsheridan View Post
This situation perplexed me as on the surface, one would naturally assume that this is straight-up Auto Theft. After all, the one now in possession of the vehicle does not have title (ownership) of it. But indeed, the act of voluntarily surrendering one's keys to someone else, even if just for the purpose of a Test Drive only, complicates things.

I asked my friendly HPD Auto Theft division how one should handle a situation like this, and this is their response:

1) File an "Investigation Auto Report" (in case something happens while the other person is in possession of the vehicle it will be on record as having been reported stolen).
2) Immediately send a "restricted delivery certified mail" 10-Day Demand Letter to the last known address of the individual with the car demanding that the car be returned within 10-Days in the same condition it was in when it was taken.
3) If after 10-Days from the date of Demand Letter receipt signature, take your demand letter and proof of delivery, and Vehicle Title to the police, and they will upgrade the Investigation Auto Report to an "Auto Theft Report".
4) If the Demand Letter receipt signature comes back undeliverable, you can forgo the 10 Days and immediately go to the police and have them upgrade the Investigation Auto Report to an "Auto Theft Report.

So, while NC is not TX, I would imagine they have a very similar process.
...No such luck. I spoke with the sheriff who told me that he's never heard of an Investigation Auto Report and suggested I call a private investigator. I did that and of course, he says they can find the car with an initial consultaiton fee of $250 and then more depending on how long it takes. If they are successful with finding the car, then he will put me in touch with the repo guy. So... here I am. I really wish there was a way to track that car without spending more money than I already have.
Reply With Quote
  #27  
Old 12-21-2012, 01:45 PM
Hopeajordan Hopeajordan is offline
Registered User
Location: Nc
 
Join Date: Dec 2012
Posts: 13
Mein Auto: 2005 530i
Quote:
Originally Posted by bmguy View Post
As odd as it sounds, the law is clear in most parts on this issue. Once you voluntarily part with your property, and the person who buys your car simply bounces a check, transfer title, or even just sign a bill of sale it becomes a civil matter and no longer criminal. Which is why the police are looking at this the way they are.

A friend of mine who is an insurance adjuster told me a story a few years ago that broke his heart. He was assigned a case where a guy spend 10 years restoring a car. He came into some hard times and had to sell his car. A guy came by and test drove the car. The buyer liked the car, and asked if he could return the next day with a bank draft for the agreed on 60k. The seller deposited the bankdraft and two weeks later gets a call from his bank saying the draft bounced as it was forged and not valid.

Once the police got involved they said because he had voluntarily parted with the car it was not a Criminal matter. He tried to file the insurance claim which is where my friend got involved and they had to refuse the claim. He spent two weeks trying to figure out what policy language could be used to pay it, but the insurance policy was very clear. There was even specific language in it for exactly this circumstance so they had to deny the claim.

As much as it sucks, I think this is the law in most of North America

If title has not been actually Transfered to the new owner, which is implied with the lack of the new owners plates, getting a repo man may be the best way to get the car, but legal issues may still exist. I would think a lawyer should be consulted before any action is taken or there could be a case for auto theft if he takes it back the wrong way.

As a side note, if he wants to track it with BMW assist, I think you can activate the service remotely. But his problem is they will not track the car without a police report, which he can not get under the circumstances. He could try the iPad app for location services, however it seems to restrict location If your car is more than few miles/km away from where ever it is you are when ask for the cars location from your iPad or iPhone

Bottom line this is not easy to do as he requested. And based on what Information is supplied it is clearly a civil matter.

With that said. Why would one just not put a stop payment on the car, and let BMW repo the car and clean up the mess with title? They technically have a lean on the car on own it? Doesn't do much for your credit rating I'm sure, but could get this done quickly if no other options are found.
bmwguy, how do I "try" to track the car with the IPad or Iphone app? I've got an IPhone. I'm sorry if my question is silly.
Reply With Quote
  #28  
Old 12-21-2012, 02:15 PM
Hopeajordan Hopeajordan is offline
Registered User
Location: Nc
 
Join Date: Dec 2012
Posts: 13
Mein Auto: 2005 530i
Quote:
Originally Posted by bmguy View Post
Sorry - I didn't pay attention to the handle I guess...

I was thinking about this more since the post, if things don't work out with the sherif in the morning; there certainly is an implied contract as they were making payments etc. Hopefully you have some sort of paper work for an agreement, or paper trail? if you do, this could be a small claims matter for you and get some resolve that way if if the value of the contract fits within your areas small claims limits.

At the end of the day, it sounds promising to get the car back as you will have prev payment history, which hopefully means you have some sort of written agreement for how much they were to pay, for how long etc.

i also think the advice shawnsheridan and just now PeterC4 provided is good also, and could help you. I think if read his suggestions properly it is to treat this as a standard repossession for non payment under contract law. This sounds promising....

No luck with the sheriff.
Reply With Quote
  #29  
Old 12-21-2012, 04:29 PM
Hopeajordan Hopeajordan is offline
Registered User
Location: Nc
 
Join Date: Dec 2012
Posts: 13
Mein Auto: 2005 530i
Quote:
Originally Posted by Hopeajordan View Post
Oh wow. Okay, first off I am still paying on the car and the bank has the title. If u think it sounds crazy to u imagine how I felt when I was in the car and the police made me get out because it was in his yard. I have one key to the car.

My friend who is a Lutenant at the Ws police station tells me that its strictly civil and the can do nothing. I went to the magristrste as well and he said "civil".

I am going to call her now and ask about an "investigative auto".
Thanks for the advice. I hope this works.
I thought I had posted this already, but it's not sowing up. I spoke with the sheriff today and no luck. He suggested hiring a private investigator which I would do if I had the resources to do. Paying for a car that I don't have is taking all the extra I have. So, back to the drawing board.
Reply With Quote
  #30  
Old 12-21-2012, 04:34 PM
Hopeajordan Hopeajordan is offline
Registered User
Location: Nc
 
Join Date: Dec 2012
Posts: 13
Mein Auto: 2005 530i
Quote:
Originally Posted by shawnsheridan View Post
This situation perplexed me as on the surface, one would naturally assume that this is straight-up Auto Theft. After all, the one now in possession of the vehicle does not have title (ownership) of it. But indeed, the act of voluntarily surrendering one's keys to someone else, even if just for the purpose of a Test Drive only, complicates things.

I asked my friendly HPD Auto Theft division how one should handle a situation like this, and this is their response:

1) File an "Investigation Auto Report" (in case something happens while the other person is in possession of the vehicle it will be on record as having been reported stolen).
2) Immediately send a "restricted delivery certified mail" 10-Day Demand Letter to the last known address of the individual with the car demanding that the car be returned within 10-Days in the same condition it was in when it was taken.
3) If after 10-Days from the date of Demand Letter receipt signature, take your demand letter and proof of delivery, and Vehicle Title to the police, and they will upgrade the Investigation Auto Report to an "Auto Theft Report".
4) If the Demand Letter receipt signature comes back undeliverable, you can forgo the 10 Days and immediately go to the police and have them upgrade the Investigation Auto Report to an "Auto Theft Report.

So, while NC is not TX, I would imagine they have a very similar process.
I thought I had posted this already, but it's not sowing up. I spoke with the sheriff today and no luck. He suggested hiring a private investigator which I would do if I had the resources to do. Paying for a car that I don't have is taking all the extra I have. So, back to the drawing board.
Reply With Quote
  #31  
Old 12-21-2012, 05:27 PM
shawnsheridan's Avatar
shawnsheridan shawnsheridan is offline
Officially Welcomed to the 'Fest
Location: Houston, TX
 
Join Date: Jan 2009
Posts: 11,284
Mein Auto: 2011 535i M-Sport
Quote:
Originally Posted by Hopeajordan View Post
I thought I had posted this already, but it's not sowing up. I spoke with the sheriff today and no luck. He suggested hiring a private investigator which I would do if I had the resources to do. Paying for a car that I don't have is taking all the extra I have. So, back to the drawing board.
Sorry. I think at this point I would go to the District Attorney's office and explain this to them, and see if they can find a law that was broken that compels the police to do something.

Also, since you have a key, I would be searching high and low for the car myself. If you think it may be in a garage, go near it and hold the panic button on the remote to set the alarm off.
__________________

- 2011 535i M-Sport (Born 10/10) - AW/BLK/DW - /ZMP (w/ARS, EDC, DHP, & AD) /ZPP /ZP2 (w/ZPS & ZPT) /ZCV (w/SCAD) /6FL /6VC
- Mods - M5 343M 20" Forged Wheels / 6WB MFID / 2TB SAT / 4U1 Ceramic / 6NR Apps / PDV 5k Fogs / Rear Fogs / Euro Tail Lights / Cyba Quad Tips
Reply With Quote
Reply

Bookmarks


Forum Navigation
Go Back   Bimmerfest - BMW Forums > The Best of Bimmerfest! > BMW Coding and Programming
Today's Posts Search
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On



Forum Jump


All times are GMT -7. The time now is 01:08 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
© 2001-2011 performanceIX, Inc. All Rights Reserved .: guidelines .:. privacy .:. terms