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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100906
Experience:  Lawyer
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I know it is late in the night but I can't sleep again,

Customer Question

Hello, I know it is late in the night but I can't sleep again, worried. Landlords stole our truck, they towed it from the parking spot we had and in our rental agreement included the parking spot. Witness from our building confirmed the landlords had it towed. I asked them for the towing receipt and it was never produced. The bailiffs eventually removed us and I don't think there ever was a Writ of Possession, RTB arbitration failed to help or really advise what to do, I felt abused, we are on disability and use the bus pass program which will now cost with a claw back and want our vehicle back, and an explanation to why after 26 months of living in this building, we always paid rent on time and $20,800 the landlords received from us that not only the truck, our possessions stolen too, I'm haunted by the affect it took on us and there wasn't any truth or sense to as why the RTB ignored really what was going on! I need to seek restitution.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

What province is this please?

Did you bring an application to the board?

Did you get the truck back?

What is your truck worth if you did not get it back?

Did the bailiff not show you an order?

Are you saying you were not served with any application or claim?

What did they say about the truck?

Customer: replied 1 year ago.
I am in B.C., the truck was a 1967 Ford F 100 with only 75,000 original miles, one owner, my boyfriend (Dale) his Dad and this was in Lethbridge, Alberta where he buried his father and the truck he drove back to B.C., the truck was insured in Alberta under his brothers name. I brought this to arbitration with the Residential Tenancy Branch in B.C., we never got the truck back, it was towed to Gino's Towing in Port Coquitlam, B.C, they said they crushed the truck (???) The truck was vintage and in beautiful shape, red and only owned by Dale's Dad, the truck was vandalized in the outdoor parking spot we had under the building, we lived on the 3rd floor, and the land lady was saying it was a fire hazard??? So she towed it, and that was her reason for evicting us, I wasn't going to move as I told her, we went through arbitration and I didn't understand the reasoning to this, the bailiffs showed up and I didn't feel that any of this was right, he was rude and reluctantly gave me a business card and while in our place he was doing something on a laptop with power point. I can't afford Supreme Court with this landlord but I wondered if she acquired a Writ of Possession to have us out of our home. It all happened so fast, I never felt that any of this was legal. Thank You, Lisa
Expert:  Debra replied 1 year ago.

You can sue them in Small Claims Court to recover the value of the truck. They had no right to tow it away and have it destroyed.

You can send them a letter by Registered Mail giving them a deadline for reimbursing you in full and telling them that if they fail to comply you will commence legal proceedings and then will be seeking interest and your costs.

You can sue them and self-represent.

I don't know how they could have enlisted a bailiff to evict you without an order but you can do a search at the courthouse office to see if there is a file on you and if so what happened.