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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101387
Experience:  Lawyer
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My welding deck will be repossessed. The leasing agency told

Customer Question

My welding deck will be repossessed. The leasing agency told me that they are not responsible for any damage that is made to my truck while the deck is removed. They also said that they do not need to make sure that anything works after they take it of my truck because I own the truck. Can they just rip the deck of and leave my truck in not working condition and not able to pass drivable inspection?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

No they cannot.

If they damage the truck you would sue them for the damages.

But, if it's possible for you to remove the welding deck from the truck why would you not do that now so that you do not have to suffer these damages?

If it costs them something to remove the deck from your truck you would be liable for that cost as well.

So it sounds to me that your best approach would be to quickly take steps to have the welding deck removed from your truck so that you don't end up having a damaged truck and having to sue them and at the same time you would not owe them for the cost of removing the welding deck from your truck.

Customer: replied 2 years ago.
I cannot remove the deck myself. I also filed for bankruptcy both personally and corporate which is why they are repossessing the welding deck. Understandable they they want the deck back but I cannot removed. In all the correspondence I have had with the leasing company I have said yes I will give up possession of the deck however they need to find a place to properly remove as to not damage the truck. They said because I own the truck it is not their responsibility to return it to the way it was. That I understand. I do not want them to return it to the state it was it is not even possible. The truck was in working condition before the deck. Is in working condition with the deck and I just want to make sure it will be after. There's wiring fuel tank lines and lots of other stuff to consider when removing the deck that was wired to the truck and linked my the trucks fuel tank.
Customer: replied 2 years ago.
It has been almost 3 months now. They had a bylaw officer come by to look at the deck and even he said you can't just take it off like lifting a piece of equipment. Then another month went by and now they came back saying I have to give it back to them or it goes to their legal department and they are not responsible to make sure it works because when I leased the deck I outright owned the truck
Expert:  Debra replied 2 years ago.

Then tell they you are happy to have it go to their legal department as they will tell them not to damage the truck.