On April 15, 2008 at around 1:00 AM, the crew of Rebello’s Recovery (who was hired by GMAC) came to our apartment to reposes our SUV due to late payment.
The SUV was parked in our gated apartment with the garage door secured. The said crew climbed the 7-foot garage and took the garage remote control from the SUV and towed the SUV.
The incident was witnessed by our neighbor, who happens to be my younger brother. According to my brother, when the SUV was taken out of the garage, the vehicle’s hood was damaged when the garage gate automatically closed while the SUV was being transported out of the apartment. Upon getting out, the crew lifted the rear door of the vehicle which resulted in hitting the metal bar of the garage gate – this had caused damaged on the rear light of the SUV. In addition, as the crew was towing the vehicle, it hit the side of the apartment garage which resulted in damaging the mirror by the driver side.
On April 18, the payment was settled with GMAC. I called Rebello’s Recovery to inform them about the release form and was advised to pick up the SUV on April 21. Rebello also send us a letter with all the allegedly properties that were in the SUV and the alleged vehicle damages when it was taken from my apartment. The company claimed that all the damages listed on the letter existed prior to April 15, and that the damages were not caused by their crew. This vehicle was bought brand new six months ago and there is no way that the damages that they alleges existed prior to towing it few days ago.
When I arrived Monday at Rebello, I was asked to sign a form that releases them from being liable on any missing properties and damages of the vehicle. I asked them that I need to see the vehicle before I sign the form. They denied my request to see the vehicle as it is allegedly against their policy.
The company called GMAC to convince us to take the vehicle out of their garage. I spoke with Leanne from GMAC and was advised to sign the form, which I denied.
I filed a claim from our car insurance, Geico, for the damages caused by Rebello. They are now claiming that the vehicle was towed outside the garage, which is totally a fabrication of what actually transpired on April 15. Geico was also denied to see the vehicle.
GMAC had agreed to pay for the damages but had advised us that they will demand that GEICO reimburse them for the costs of the repair. Per our insurance policy, the cost will be pass unto as, which is $1000.00 deductible. If we agree with this settlement, it is a obvious admission that the damages were not incurred by Rebello. I refuse to agree with this settlement.
As of this time, the vehicle is still under the possession of Rebellos, due to the fact that I refused to sign the release of liability form.
I really didn’t expect that I would be so late for my payment, because it is supposed to be automatically deducted from my bank account I enrolled sometime of March, and I just received there termination letter of my Direct pay on April 29,2008. I don’t really mind about the payment but for the damages that they did to my truck. It’s like purchasing something that I didn’t even seeing it. We need help, we’re looking up for a lawyer that could help us, but they said that this case is too small to be handle. They asking us about how much could be the damages worth, but we don’t know because that company doesn’t want us to see the vehicle. Please help..
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