Stuart Allan & Associates Harassing phone calls, suspending drivers license Tuscon, Arizona
Stuart Allan first contacted me via letter. They were trying to collect over $1800 in damages to a vehicle. I called and found out that it was from an accident that occured AFTER selling my car and moving to another state. I sent a letter via certified mail requesting that they send verification of the claim within 14 days of the send date. They unfortunately did. The vehicle that was "damaged" had damage to both ends, one side, and the ROOF. The car I sold only had a broken tail light and a scuff on the bumper. There is no possible way that backing into a vehicle at less than 5 miles per hour can cause so much damage. This will go against not only me, but the also the person who bought my car and wrecked it. They never bothered to contact him about collection before harassing me. They are now threatening to suspend my license if I do not pay in full. I also told these people that I signed the title and a bill of sale. I do not have to do anything further (such as taking the signed title to the DMV to get a new registration. That is the responsibility of the buyer.) I am currently trying to get hold of a copy of the title to send. I don't know what else I can do to get these jerks off my back. I am at wit's end as it is.
7 Updates & Rebuttals
momogal04
Tulsa,Oklahoma,
United States of America
Actually not my problem
#8Author of original report
Sat, July 31, 2010
I sold the car in Indiana. According to the BMV, the new owner must take the title after it is signed in order to register the vehicle in their name. Once the signed title leaves the hands of the original owner, it is no longer their responsibility.
Flynrider
Phoenix,Arizona,
USA
Here's the problem with that.
#8Consumer Comment
Fri, July 30, 2010
"Where I sold the car, the title is the bill of sale. It has the seller and buyers signatures on it and the price the vehicle was sold for. By law, simply signing it relinquished all of my responsibilty. "
OK does not require you to have a bill of sale, nor are you required to notify them of the sale. That's all fine, but it does nothing to protect you. You say the signed title is the bill of sale. Fine, but if the buyer drove away with that piece of paper, what proof do YOU have that he bought the car? That's the basic problem. You don't have a scrap of paper to prove you don't own the car. If the buyer never transferred the title or registered the car, you are the owner according to OK's computers. That's why these people are bothering you.
In the future, even though OK doesn't require it, you should get a bill of sale that includes the buyer's name, address, vehicle VIN#, plate # and title number. OK also has an optional form that the seller can file, that takes the sellers name off the computer as the owner of the car. It costs $10 to file, but compared with what you're going through now, I'd call that a bargain. Here's the form for future reference :
http://www.tax.ok.gov/mvforms/773.pdf
momogal04
Tulsa,Oklahoma,
United States of America
Signed Title
#8Author of original report
Wed, July 21, 2010
Where I sold the car, the title is the bill of sale. It has the seller and buyers signatures on it and the price the vehicle was sold for. By law, simply signing it relinquished all of my responsibilty.
Flynrider
Phoenix,Arizona,
USA
Happens a lot.
#8Consumer Comment
Wed, July 21, 2010
"I also told these people that I signed the title and a bill of sale. I do not have to do anything further"
That's why most states have a requirement that you notify the DMV in writing when you sell the car. There are usually instructions on the back of the registration. Otherwise, you are still the owner of record if the buyer does not bother to re-register the car. That opens up a whole can of worms if the buyer subsequently damages someone else's property with the car.
If you have proof that the car was sold on a specific date, you can eventually get out of paying for the buyer's mistakes, but it won't be quick or easy. For example, when you get a copy of the title, it will probably have your name on it. If the buyer did not transfer title or apply for registration, you still appear to be the owner of the car (as far as the DMV and this collection outfit are concerned). You're going to have to come up with some kind of proof that you actually sold this car and are no longer liable.
Ronny g
North hollywood,California,
USA
What did they say...
#8Consumer Comment
Tue, July 20, 2010
..when you told them the vehicle was sold before the claim occurred? Do they think you are lying? If you signed over the title then whomever holds the title is responsible for insurance, tags, registration and any accidents. The insurance company must know this so the report is not adding up, or you are being harassed unjustly and can take further actions.
Getting a copy of the title is a good start but I can't understand why the company is not going after the new owner. I also don't understand how they can believe this car damaged both ends, a side and the roof. Is there any kind of police report? Something smells fishy here.
momogal04
Tulsa,Oklahoma,
United States of America
response
#8Author of original report
Tue, July 20, 2010
Unfortunately, this is preventing me from getting insurance in my own name. I have to keep paying my dad so my car can be legal.
Phillip
San Ramon,California,
U.S.A.
Easy solution
#8Consumer Suggestion
Tue, July 20, 2010
You have nothing to fear from these leeches except fear itself Tara. I was involved in a ridiculously minor fender-bender that, due to the circumstances and being on private property, was ruled to be neither person's fault. Several months later, I received a letter from this agency claiming that the other driver's insurance company had turned over a claim to them and that I owed them money. I noticed that the letter wasn't even dated and that my name was so grossly mis-spelled that, even if they obtained a subpoena, they wouldn't be able to collect from me. This indicates a bunch of low-life unintelligent idiots who are looking to do nothing but scare people. Here is your best course of action.
1) File a complaint with both your state and the US Attorneys General.
2) Print copies of these complaints.
3) Google the phrase "cease comm letter" and send one to these leeches along with copies of your complaints.
4) Inform them that they won't be receiving a penny from you until and unless they beat you in court; don't give them any other info whatsoever or make any comments about the accident or anything else even remotely related to this issue.
5) Remind them that, if sued, you will not only show up but will countersue them and they'll be paying you.
Good luck but you probably won't need it because they'll probably go away. BTW, I highly doubt they have the authority to suspend your license; that authority lies solely with the government. Depending on your state's laws, you might be able to sue them for making that claim.