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Stolen car...please help

Discussion in 'General Automotive Discussion' started by Matt LaMotte, Nov 24, 2008.

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  1. Matt LaMotte

    Matt LaMotte Formula 3

    Oct 30, 2002
    1,874
    I am going to contact a lawyer today and see what I can get accomplished. I posted on a few other places aout my car to see if anyone can help. I live in a small town called Albertville Alabama which is close to Guntersville (bass fishing heaven). I'm an hour north of Birmingham.
     
  2. DetroitDetomaso

    DetroitDetomaso Formula Junior

    Mar 6, 2006
    455
    Las Vegas
    Full Name:
    Chris
    This sounds like something that could of happened to me. I personally have learned a lesson from your horrible experience.

    I hate insurance company's! Good Luck!
     
  3. SRT Mike

    SRT Mike Two Time F1 World Champ

    Oct 31, 2003
    23,343
    Taxachusetts
    Full Name:
    Raymond Luxury Yacht
    Sorry to hear this Matt. I had a very similar situation, only I was dumber.... it was for less money ($2500) and for a motorcycle. The guy showed up and convinced my father to sign over the title and took the bike - told my dad that he and I had agreed I would wire the money. He left and ended up never paying me. Cops said it was a civil matter. I sued, I won, I got a judgement, he paid $100, then he declared bankruptcy. Tough lesson.

    You have two courses of action...

    1) Forget the car and go after your insurance for remuneration

    2) Get the car back

    IMO you ought to pursue both of those avenues, because you only need one of them to work out to be made whole.

    If I were you, I would maybe hire a PI to locate the car. I bet they can find it.... they have contacts and I am sure can find the owner of the cell phone. Then you can go to that location and I am sure you will find the car, or will find James. If you find the car, call the cops (don't confront the guy) and tell them you have located your stolen car and need the police there ASAP. Or stake the place out and if/when you see James or his truck, call the cops and get them there ASAP.

    Honestly, either this James guy is really good or he's not really a career criminal. Either he was playing you the whole time, knowing you had to go out of town and knew your bank can't check a wire transfer that late, and he played you like a fiddle, OR, he really did intend to buy the car but after he had posession he thought "wow, I have the car, and I didn't even pay!" and figured he had the upper hand. It may be the latter given the fact that you met the guy and he seemed genuinely interested in the car and well intentioned.

    At the same time, press your insurance company to process your claim and let them know up front if they deny it you are immediately filing suit, and lawyer up.

    Good luck. I feel for you!
     
  4. 8 SNAKE

    8 SNAKE F1 Veteran

    Jan 5, 2006
    6,948
    Springfield, MO
    Full Name:
    Mike
    Matt, during this process, did you ever see any identification (drivers license) from "James"? A mailing address for the bank to send the title once the note was paid? Have you checked the notary stamp to see (if real) who might have done it? Any chance the police could lift a print off of anything that "James" may have handled (bill of sale)?
     
  5. Matt LaMotte

    Matt LaMotte Formula 3

    Oct 30, 2002
    1,874
    Today I contacted a lawyer and made an appointment but with the holidays I can't get in until next week. The bill of sale I have had a driver licence number on it but I never checked his id. Again..my mistake. I faxed copies of the bill of sale to the detective but he never seemed interested in the originals. The notarized stamp looks official but I'm told they can be easily faked as well. I think my only chance is taking my insurance company to court.
     
  6. toggie

    toggie F1 World Champ
    Owner Silver Subscribed

    Nov 30, 2003
    19,036
    Virginia
    Full Name:
    Toggie (Ron)
    I would call the notary that did the notarized stamp on the document. They are required to see proper id for the person signing the document in their presence. Some of them keep a photocopy, others write down address + phone number. Worth finding out if he/she has James' info or not.
     
  7. The bill of sale applies to the older cars, something like 1978 or older. If you are getting nowhere, you can go to your DMV and file for a lost title. The most recent version of it is the only one good. At least you would have the title & someone would have to forge paperwork. You will get nowhere without a decent lawyer against your insurance co. Don't beat yourself up anymore about it, you just got flat out scammed by a professional, the insurance company will pay (hint hint, who would win that case in court -you vs. insurance co). If you let go, you won't win this one. I like the persistence beats resistance, it's true.
     
  8. Matt LaMotte

    Matt LaMotte Formula 3

    Oct 30, 2002
    1,874
    So give it to me straight guy....what do you think my chances are against the insurance company? The lawyer I am going to see if pretty good from what I hear but this clause that they claim to have is what has got me shaken up.
     
  9. BAKY

    BAKY Formula 3

    May 23, 2007
    1,296
    USA
    Full Name:
    Bobby
    I would still try to get his info via the cell phone records while you are waiting for your lawyer......just my 2 cents.....if it were my car I would have called and gone to as many Nextel stores as I could looking for that one person who could help.....

    Maybe someone here has a friend at Nextel.....anyone? PM Matt if you do.
     
  10. 8 SNAKE

    8 SNAKE F1 Veteran

    Jan 5, 2006
    6,948
    Springfield, MO
    Full Name:
    Mike
    But you haven't checked to see if it's real or not?? Seriously, check that stamp out and get in contact with the notary ASAP if it's real. Don't ASSUME that it's fake. Check.
     
  11. ADON

    ADON Formula 3

    Feb 8, 2007
    1,059
    #36 ADON, Nov 26, 2008
    Last edited: Nov 26, 2008
    I would skip on hiring attorneys and hire a private detective to hunt down "James". Get a private detective. I'm telling you, they can have "James" hunted down pretty quick and it will create less headaches for you. When you find out "James" really is and where he lives, etc. THEN you can sick the cops and an attorneys on him. For all you know your car is sitting in his driveway waiting for you to steal it back.

    Running around talking to cops, attorneys and insurance companies is just going to be a huge headache. Hire the private detective.
     
  12. d-kauf

    d-kauf Formula Junior

    Oct 11, 2006
    330
    Scottsdale, AZ
    Full Name:
    David
    Does Nextel have one of those pay as you go programs? If so, would it ever be possible to track the owner of a cell phone if there was no contract associated with the phone number and the user just paid cash for a chunk of minutes.
     
  13. ZetteOh6

    ZetteOh6 Karting

    Aug 16, 2007
    98
    New York City
    My heart goes out to you Matt, I can totally understand how you're feeling, the same thing almost happened to me a couple of months ago, but I figured it out. I just want to share some thoughts with you.

    What you have on your side is the fact that you had a lien on it. This guy isn't that bright. Usually the people who do these car scams look for somebody who's selling a car that's been paid off. It will be the first question they ask, is the title clear. What happened to me was, the guy was going to write me a cashiers check, and I was going to hand him the signed title. I tracked his phone number, it gave me his home address, I even google earthed his ass, made sure I knew everything about him. Everything came out ok, but I was still weary of this out of towner. Where I didn't budge was when it came time to get my money. I said, check clears, you take the car. He said he couldn't stay in town for that long. Hmm.

    What a lot of people don't know is that when you deposit a cashiers check, the amount shows up on your balance, doesn't mean you have the funds in the account. By the time the bank finds out it's a bogus check, the guy is gone, you get charged with all the fees, and are liable for that amount!

    I told him, come, look at the car, you'll see where I work, where it's parked, but you cannot drive off with the title until the check clears. He folded. I got about 3 more of these scam artists from autotrader. One even from Canada who wanted me to fax him a copy of the title (he wanted to make sure it was clear) and my portion of the bill of sale filled out...YEAH OK!! He was also going to give me a bogus check and run off to Canada.

    I know this doesn't help you, but I just wanted to point out again that what you have on your side is the fact it has a lien on it. I don't know what good it's going to do James. Every time I tried selling a car and came across a scammer, it was the same question, was the title clear. Yours wasn't, so how is he supposed to sell it or keep it, expect you to keep making payments so you won't ruin your credit while he tolls around town? Doesn't make any sense, unless he's going to chop it up, but choppers don't go through all this trouble.

    If you find a good lawyer, do some legwork and investigating on your own, I'm sure you can find him. The key is that cell phone. Good luck, I'll post more thoughts later if I come up with anything. Just worked a 12 hour shift but felt I had to reply because I feel really bad for you, good luck again my friend, this is really horrible, sorry for your loss.
     
  14. js430

    js430 Formula Junior

    Mar 9, 2005
    373
    Seattle
    Full Name:
    Jerry Kahane
    You need an attorney. Plain and simple. There is no way you are equipped to deal with this. The insurance will try to deny it because they think they have "grounds" and the police will not do anything. The car is already on its way to Canada or some far away state where a duplicate or fraudulent title for it will be issued. Most likely a wrecked G35's VIN will be put on and voila, they have a titled car that they can sell. Forget the car. Just report it stolen and make sure the report is done properly so that it can never come back to you as being the thief or scammer who switched the VINs.
     
  15. Matt LaMotte

    Matt LaMotte Formula 3

    Oct 30, 2002
    1,874
    Thanks for the help guys. I go to see the attorney Wednesday and from what I hear he is a pretty good one. I hope he can pull this one off because if he doesn't I got a feeling I'm pretty screwed. In the meantime I 'm stuck hitching a ride or riding the motorcycle in the wintertime. Life sucks sometimes but I guess it could always be worse. I will keep everyone posted. You guys rock...Matt
     
  16. jhazen27

    jhazen27 Rookie

    Nov 27, 2008
    22
    huntington beach, ca
    Full Name:
    john h
    also try and used crazedlist.org, allows you to search whole groups of cl cities together..., good luck.
     
  17. Tobias

    Tobias Formula 3

    May 22, 2004
    1,673
    NY
    That's terrible. I don't have any advice to offer, but let's hope the G hasn't already been chopped!

    Hope you can get some justice.
     
  18. terminator

    terminator Karting

    Sep 4, 2005
    73
    Get a friend to call him and ask if he has a g for sale.
     
  19. Simon^2

    Simon^2 F1 World Champ

    Oct 17, 2005
    12,313
    At Sea Level
    bump

    any news???
     
  20. Matt LaMotte

    Matt LaMotte Formula 3

    Oct 30, 2002
    1,874
    I go tomorrow at 4 to see the lawyer. Supposedly he is a good one. After tons of research online I've come to realize how bad my current insurance agent is at paying of claims. They are one of the biggest and as of now they have still not got back to me to actually say whether or not they are going to reject my claim. I'm sure to them I come across like some young punk who is trying to get over on them. However I guess tomorrow will tell me what my chances are of getting this straight.

    Still not a phone call from Birmingham police other than when he wanted a copy of the fraudulent bill of sale the guy wrote up. Even though it's freezing thank God I still got a motorcycle to get around. I will keep you guys posted. Say some prayers and keep your fingers crossed. Thanks again for all your help and advice! Matt
     
  21. Simon^2

    Simon^2 F1 World Champ

    Oct 17, 2005
    12,313
    At Sea Level
    that's why I'm with chubb... they have a reputation of writing checks. IMHO cheap prmiums are useless, if they deny claims... the most important part of insurance is not how low is the premium, but do they pay...

    best of luck to you.
     
  22. robert biscan

    robert biscan F1 Veteran

    Jan 17, 2003
    5,066
    Nashville and Palm b
    Full Name:
    robert s biscan
    Get "Dog" the bounty hunter on the case. You have to get that car now. Find out who the bank uses for repo and call them.
     
  23. Matt LaMotte

    Matt LaMotte Formula 3

    Oct 30, 2002
    1,874
    Well I recieved a letter from the insurance company this morning basically restating to me that they do not have to offer my claim due to the fact that they do not off coverage for "loss to your car or newly aquired car if an insured voluntarily relinquishes possession of that car to a person or organization under an actual or presumed sales agreement". It doesn't appear to be an actual denial of my claim but more like they are setting me up to deny it.

    So I went to the lawyer today...
    He seems like a very smart guy who could help me out. I started into my story and halfway through it he interrupts me and tells me this is theft by deception. I agree and after a few more minutes of my story he tells me I need to get a current copy of my policy and to notify the Alabama Department of Transportation to see if they can assist me with locating the car. Once I get a copy he said to bring it by to review it and see if there is anything he can help me with.

    So today I had the wonderfull joy of mailing off my first of possibly many car payments for a car that is probably in pieces or being ragged out somewhere. Merry Christmas guys.
     
  24. Texas Forever

    Texas Forever Seven Time F1 World Champ
    Rossa Subscribed

    Apr 28, 2003
    76,000
    Texas!
    Wow Matt. I just read this. Sorry to hear of your troubles. But it sounds like you have a good lawyer, I'd listen to what he says. Keep us posted.

    Dale
     
  25. 8 SNAKE

    8 SNAKE F1 Veteran

    Jan 5, 2006
    6,948
    Springfield, MO
    Full Name:
    Mike
    Did you ever check the notary stamp?
     

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