Author Topic: Well um, Bank of America and Daimler North America do it again! (it's been fun!)  (Read 12225 times)

Offline gumpy

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I think these guys are right.

First thing Monday morning, file a mechanics lien on the buses for all the parts (200% markup) and labor (at $200/hr). Make sure you've included enough labor and storage to cover your years worth of maintenance (i.e. lease payments). Send a copy of the bill to Don demanding payment. Park them next to the shop and pull the front wheels. Place a notice in the windshield regarding the lien. When they show up, hand them a copy of the lien and ask them nicely to leave your property. If they refuse, call the sheriff and have them arrested. Tell them when they've paid the lien in full, they can take the buses. Give them 30 days and follow the law to the letter.  

Unless you have a lien on them, they probably have the right to enter your property with sheriff escort and remove the buses. Get the lien filed!

You have a right to be paid for the parts and labor you've put on these buses if you don't own them. You also probably have a right to have part of your lease payments returned, as you could argue there was no legal agreement and you were overpaying for them.

However, if you let them take the buses, you'll have no recourse. Keep them in the shop or make them unmovable.

Get an attorney and file the lien on Monday morning.  Tie it up in court and stop making payments. Cancel your insurance, too. You should no be using these buses until this is settled.

« Last Edit: February 28, 2010, 05:47:24 AM by gumpy »
Craig Shepard
Located in Minnesquito - "Some Assembly Required"

Offline ArtGill

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Use a lawyer just enough to keep the process "up in the air".  Make them produce original documents to a judge.  A lot of time they have problems finding the originals, just just have copies from where the documents were scanned in a computer.  Also, go to the state agency that licenses collection agencies and file a complaint and ask to stay any take back of collateral until they complete their investigation.  These will give you sometime to get some of your recent payment back by using the coaches.  Maybe a couple of months without payments.  Sue B of A for some misrepresentation or something to slow things down.  This will also kick the process higher up at B of A and maybe someone may want to settle.  If you can stretch this out time is on you side.

Just some ideas.  I wish you the best.

Art & Cheryll Gill
Morehead City, NC
1989 Eagle Model 20 NJT, 6v92ta

Offline Tenor

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if they end up haveing to go, don't forget that you've put tires on those rigs!  Pull'em and put the rims back on and put the bus back on the ground!  You can then sell the tow truck driver tires at "emergency" prices!

This is just wrong on so many levels!  Please post your legislators info here so that we can write appropriate letters!

Glenn Williams
Lansing, MI
1968 MCI 7 Ser. No. 7476 Unit No. 10056
4 speed Spicer

Offline crown

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bk i think everybody is on the right track if you wait to long they will tell you a lot of bs to keep you happy
then show up to take the bus's get a lein right away .  a guy i known way having his house forclosed on by
a different bank then the one he took the loan out from the bank sold the paper then that bank resold paper
when it went to court the lawyer told the judge he wanted the orginal paper the bank did not have and could
not get it the judge rulled that they had no right to forclose this might help you go file a claim
 57 crown
 costa rica

Offline trucktramp

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If you have no choice but to let them go, let them come and get them.  Park them where they can easily be driven away.  Before you park them, crawl under and remove the oil drain plug all but about the last thread or two.  Then smile and wave as they are driven away.  Later you can see just how far they made it before all of the oil was dumped on the road.
Just a thought my friend.
Dennis Watson
Scotts, Michigan
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Offline Paso One

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BK sorry for your predicament but I believe you have been given really good advise from the above "arm chair lawyers "

I am one as well. The mechanics lein is the way to go  (  or start )  Cut and paste some of the great advice above and form your plan.

A couple things also to consider is if the bus left today on a charter ,They would also be deprieving you of your income source.

If you go to a lawyer make sure that appraiser's name gets on the documents as he was not a appraiser he was a scout.

If the bus was not as good as it was, you would be keeping them and they would be working with you.  (Think about it.)

If it is junk your the sucker if it is good they can realize $$$ somewhere else

Don't let them walk on you.   Get your repairs and upgrades $$ back.
68 5303 Fishbowl 40'x102" 6V92 V730 PS, Air shift  4:10 rear axle.
1973 MCI 5 B 8V71 4 speed manual
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Offline philiptompkjns

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If you toast them, it's arson. If you "blow up" the motors and they repo them before you get them rebuilt and reinstalled, it's maintenance.

This.  I like this the  best.
I'd do that and the lien.
1990 102a3... Just got started, don't  know  what I'm doing.

Offline bryanhes

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Since you have put all this money into them I would file the mechanics lien as well. Although that may not keep them from having a legal right to pick them up. The problem I see is that they may tell you that Don was the owner and he owes for the repairs done, NOT the bank. If that is the case it may still allow the bank to pick them up as they have a greater interest than you (or investment as they will most likely cal it) in the buses and they did not order the work performed. I would check on that before spending the time and money to file the lien. Who is obligated to settle the lien? Registered owner, Bank or Setra? Just something to think about.

If they are going to take them back I would throw the old engines, transmission or whatever you have replaced back in them (unless you had to use them as a core) and then let them pick them up.

Also your insurance company should prorate and return some of your premium if they are going to be removed from the policy.

I would contact an attorney first thing Monday if it does not look like they are going to work with you.

Who were you making payments to?

Sorry to hear your troubles Bryce.


« Last Edit: February 28, 2010, 08:01:06 AM by bryanhes »

Offline rv_safetyman

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OK guys, you have to remember that this is a public forum and anything written here is discoverable in a court of law (even private exchanges would be discoverable).  I know most of you mean "well" with your "destroy" comments, but if anything did happen to the buses, even by accident, BK could be in a ton of trouble.

BK, we all know you well enough that we know you will take the high road.  The advice to get a lawyer involved and file a lien are good ones.

Your first post sounded like one bus was involved, but later posts sounds like more than one bus is involved.  Whatever the case, make sure you sister has a way of documenting the labor and parts invested in your bus(es).  I would be careful about doing any obvious "inflating" of rates.  I would however, document even the most minor repair and round the labor up to the even hour increment.  I think you will be amazed at how much you lien claim will be.

BK, like others I feel absolutely devastated by this terrible situation.  It seems that small, honest, businesses are being made to suffer.  I don't want to get politics involved here, but it just makes me sick to my stomach (almost literally this morning).

« Last Edit: February 28, 2010, 08:20:45 AM by rv_safetyman »
Jim Shepherd
Evergreen, CO
’85 Eagle 10/Series 60/Eaton AutoShift 10 speed transmission
Somewhere between a tin tent and a finished product
Bus Project details:

Offline jackhartjr

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Jim, you might not want to get this involved in politics...however if bofa had been allowed to it was almost ready to do...instead of being given billions of dollars...this would be a non issue!
How ya'll liking that change here boys?
Jack Hart, CDS
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Hickory, NC, (Where a call to God is a local call!)

Offline zubzub

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Hey BK sorry to hear of your troubles.  Pretty lousy birthday present

Offline luvrbus

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Bk, I talked to my daughter in Houston she said if all payments are current give them back to Don draw up a lease purchase agreement between you and Don and there is nothing Setra or BoA can do, no purchase agreement but a lease purchase agreement and have a good attorney do it with all the I's dotted and T's crossed.
She also said as long as the buses are in your possession you are responsible for damages called the possession law and most states have one.
She said the law was like when you take a car to a shop and they have signs posted saying they are not responsible for any damage or theft to your car while they repairing it for you they are responsible as along as they have the car no matter what the sign says  

good luck
« Last Edit: February 28, 2010, 09:13:27 AM by luvrbus »
Life is short drink the good wine first

Offline Hartley

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One other thought is to have them towed and impounded by a recognized
wrecker service. ( aka Illegal parking or something.) Have them file a lien
and hold orders with the court. This might give you the time to formulate a
legal case to stand in the way of the bank removing the buses from a third
party legal binding agreement until you have your say in the matter.

You need a lawyer, Might be worth spending a couple grand to throw some
gasoline on the bad deal.

I thought that once you had mentioned a transport contract with some university
you might use that as a tool to help reinforce your need to keep the buses.
Any "regular" contract that is dependent upon "ability" might help.
« Last Edit: February 28, 2010, 10:32:33 AM by DrDave-Reloaded »
Never take a knife to a gunfight!

Offline Fred Mc

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"OK guys, you have to remember that this is a public forum and anything written here is discoverable in a court of law (even private exchanges would be discoverable).  I know most of you mean "well" with your "destroy" comments, but if anything did happen to the buses, even by accident, BK could be in a ton of trouble."

I think that we on this forum can say whatever we like no matter how outrageous.. But BK should be very careful on how he responds.

But I do like the lein idea. BOA can use their lawyers to drag this out but I think the lien act is there to protect the little guy so it seems to me he has a legitimate route to go there.

Good luck

Fred Mc.

Offline belfert

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Jim, you might not want to get this involved in politics...however if bofa had been allowed to it was almost ready to do...instead of being given billions of dollars...this would be a non issue!
How ya'll liking that change here boys?

If a bank fails the folks who owe money to the bank don't get their loans forgiven.  The borrowers would still owe the money to somebody.  Loan documents have all kinds of legalese allowing the bank to transfer the loan to another servicer while the borrower still owes the money.
Brian Elfert - 1995 Dina Viaggio 1000 Series 60/B500 - 75% done but usable - Minneapolis, MN