Madison - St. Clair Record

Tuesday, April 7, 2020

Plaintiffs allege their tow truck was repossessed after making appropriate payments

By Molly English-Bowers | Jan 12, 2016

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A Missouri corporation and an Illinois man are suing over the defendants' alleged interference with their ability to conduct business.

Allstate Recovery Services Inc. and Ronald J. Trimpe filed the suit Dec. 23 in Madison County Circuit Court against Beacon Funding Corporation, Ives Service LLC and DOES 1-10.

According to the complaint, on Aug. 27, Allstate and Beacon entered into a contract wherein Beacon agreed to provide financing to Allstate, approximately $29,000, to purchase a commercial-grade tow truck. Under the agreement, the plaintiff would make 30 monthly installments of nearly $1,300. At the time the plaintiffs entered into the agreement with defendant Beacon, they had no reason to believe the defendants would take immediate possession of the truck, the suit says.

On Nov. 4, after the plaintiffs paid the first installment, the suit says agents of the defendant Ives repossessed the truck, even though the plaintiffs were not in default, the suit alleges. Subsequently, the defendant repossessed two other trucks the plaintiff had offered as collateral.

Even after the defendants became aware that the plaintiffs were not in default, Beacon continued to retain the trucks, and without said trucks, plaintiffs began to lose clients and were unable to sign on new clients. This allegedly severely damaged the plaintiffs' reputation, the suit states.

The plaintiffs allege counts of fraudulent misrepresentation and negligent misrepresentation, conversion, intentional interference with plaintiffs' ability to conduct business, deceptive trade practices, breach of contract and intentional infliction of emotional distress.

The plaintiffs seek a trial by jury, as well as at least $50,000 for each count, damages, court costs, attorney fees and other relief the court deems proper. They are represented by Nathan D. Sturycz and Patrick A. Watts of Sturycz & Watts LLC of Edwardsville and St. Louis.

Madison County Circuit Court case number 15-L-1664

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