RV ACTION LINE >THE CASE OF THEDISAPPEARING TVAfter getting into a dispute with his localdealer over a theft from his trailer, a readerrequested that RV Action Line help facilitatea solution.In <strong>March</strong> 2010 we bought a 2010 Sabre29CKDS fifth-wheel from Route 66 RVs Inc.in Claremore, Oklahoma. The RV wasequipped with, among other things, a 32-inch Toshiba flat-screen TV.On January 26, 2011, we took the RVback to Route 66 for some minor warrantyrepairs. When we dropped the RV off atRoute 66, we were told to leave the doorlocked and we did. We picked up the RVon approximately February 19, 2011. Wedid not go into the RV until April 2, 2011,when it was time to get ready for thecamping season. We unlocked the door,went in and found the TV missing, as wellas the remote control for our radio/DVDplayer and some personal items from theoverhead cabinet. We also noticed theframe of the door mirror we installed in thebathroom had been broken and a [drinking]glass secured in the kitchen cabinethad been broken and placed in our trashcan (the glass was of no great value, butthe damage was an additional indicationof Route 66’s lack of care). We immediatelyreturned to Route 66, where we talkedto the service manager and the parts manager.When we told them our TV was missingand we would like to get it back, theservice manager said, “Oh, you’re thethird one that’s happened to.” We werequite shocked when he told us that Route66’s insurance did not cover the stolen TVand they would not reimburse us for it.That Route 66’s insurance does notcover the theft does not mean it is not liablefor the damages. It has had three TVsstolen from RVs on its lot so it is obviouslynot exercising ordinary care to protect thebailed property in its possession. Our RVwas locked when we left it with Route 66,it was locked when we picked it up, andthere is no sign that the door has beentampered with. Either Route 66 left it unlockedat some point while they had it,which left the RV vulnerable to theft, orone of its employees is taking propertyfrom the RVs.We previously owned an RV and dealtmany times with Route 66 for repairs tothat RV; we were always pleased with thework. We had never had a problem withthem and felt comfortable leaving ourproperty with them. That makes this situationvery disappointing.We have purchased another TV comparableto the TV stolen and a universal remotefor the radio/DVD player. The TV webought is a Panasonic 32-inch flat screen.We bought a Panasonic instead of a Toshibabecause the Panasonic had a betterpicture than the 32-inch Toshiba it was sittingnext to and was only $10 more thanthe Toshiba. The TV and remote were$404.74; a copy of the receipt is enclosed.We expect Route 66 to reimburse us thisamount as damages due to their negligenceand lack of care, and we would appreciateyour assistance in the matter.John & Brenda UpdikeClaremore, OklahomaIn the case of the missing TV, the criticalissue is timing. Upon the first read of theUpdikes’ letter, we sympathized with theirplight and would hate to be placed in asimilar situation, but proving a direct causeand effect with the theft was going to bedifficult because of the lost six weeks betweenwhen they picked up their unit andwhen they noticed the TV was missing.However, the Updikes’ claim that there wasa history of other TVs disappearing off thelot does add spice to the situation.Route 66’s version has slightly differentdates, but the basic tenets are the same:The RV was serviced, it sat on the lot, it waspicked up but not entered by the owner,then after several weeks the owner returnedto report a theft. In the end, the dealershipsaid it offered to split the difference.We would have taken them up on theiroffer, given the extenuating circumstances.Here’s the response from Route 66 RVs:I will summarize the issue with Mr. Updike.He brought in his trailer on January 26for service. He left his trailer and it waslocked until the technician performed theservice on the unit. Service was completedon February 14. The unit was locked andstored with all other service units. Mr.Updike did not pick up his RV until <strong>March</strong>18. He picked it up and it was locked and hedid not look in it, to our knowledge. He returned30 days later to say the TV was missing.We discussed that he would need tofile a police report and turn the claim intohis insurance company. He had signed aservice authorization form stating the dealershipwas not responsible for theft ofvehicles and/or items within those vehicles.Neither Mr. Updike nor Route 66 RVsknows when the loss occurred. Especiallysince it was over a month after he pickedup the unit before he noticed [the theft].We have a secure lot with a 6-foot, chainlinkfence topped with barbed wire surroundingour property. It is also well lighted.He alleges that it could be internal.That doesn’t make sense because it wouldhave been easier and less noticeable forsomeone to take from a new stock unit inthe middle of winter.He later came back with a receipt for anew TV and wanted us to reimburse him.Again, we stated that we weren’t responsible.But, as a gesture of goodwill, we offered topay for 50 percent, which he declined. I believewe acted properly in this matter, butthere are some people that are hard to satisfy.Brad SheltonPresident, Route 66 RVs qAfter exhausting all other resources withoutsuccess, please forward informationwith copies of appropriate bills and correspondenceto RV Action Line, 3300 FernbrookLane N, Suite 200,Minneapolis, MN 55447.Please include a self-addressed,stamped envelope. No phone calls.12 <strong>March</strong> 2012 TRAILER LIFE www.trailerlife.comGo To:.comUser GuideContents
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