Towing Company
Derek's Towing & RecoveryThis business is NOT BBB Accredited.
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Complaints
Customer Complaints Summary
- 2 total complaints in the last 3 years.
- 0 complaints closed in the last 12 months.
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Initial Complaint
Date:09/03/2024
Type:Customer Service IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
My vehicle a 2014 ****** Impreza tag number MDT1585345 Vin Number ***************** was towed from ****************************** (**************************************************************) by Dereks *********************************************** on July *******. I was notified my vehicle was in the possession of Dereks *********************************************** by Certified Mail on August 13,2024 (27 days). The failure to notify me about my car removal despite the explicit regulations to do so, demonstrates a lack of transparency and good faith. This is a breach of communication and could be seen as negligent or even intentional. By me not being notified in a timely manner has caused additional harm and inconvenience to me. See Maryland Article _ Transportaion 2110A04 Subsection (3) and 2024 ********* ***************** Towing Handbook Chapter 15 Vehicle Release page 32 of 42. Requesting I make a payment via cash, certified funds and money order is also in violation of the Frederick County Towing regulations. See 2024 ************************************ Towing Handbook Chapter 2 Basic Requirements page 8 number 8. I sent a demand letter on August 23, ******************************************* and waive the cost of the tow $200.00; admin fee of $75.00, and storage fee from the received letter on Aug 13,2024 of $1250.00 and any additional $50.00 storage fee(s) that have accumulated during the time of possession, on or before August *******. The demand letter was received on August ******* and I haven't heard back from ******* Towing and Recovery. They are in violation of Maryland State law and *************************************** Regulations.Business Response
Date: 09/04/2024
Your car was at an auto repair shop. You owed them money for the diagnostic and repairs you approved on the vehicle. The shop tried communicating with you several times to satisfy the bill and pick up the car, but you didnt have the financial resources. In one of the many attempts to work with you, the shop warned you that they would have the vehicle towed away if you didnt satisfy your bill.
We were called to tow the vehicle away. We sent you notification that your vehicle had been towed and included an itemized invoice. You asked us for a payment plan. We apologized and informed you that as long as we are storing the vehicle, we assess daily storage. We did offer you payment options to pay for the vehicle and retake possession of your vehicle. You were rude and hung up the phone. This review was the first time we have heard from you several weeks.
We have done everything per applicable MD laws. The police department regulations you have mentioned apply to being a towing vendor for them. We have elected not to be a police vendor as that requires being on call 24-7 and some nights its just nice to be home and get a good nights sleep.
I wish you the best of luck with your future endeavors. If you ever need towing services in the future our services are available.
Customer Answer
Date: 09/05/2024
Complaint: 22232296
I am rejecting this response because:
Sincerely,
****** *****Customer Answer
Date: 09/06/2024
******** has a number of towing regulations for private towing companies including notification. 2110A04 subsection 3 from the MARYLAND article of transportation says "The owner, insurer, and secured party must be notified by certified mail within seven days" This is Maryland State law and it applies for towing companies on and off the police tow list.I was notified 27 days later. The excuse I got was "we didn't have your information." I asked " how did you get my address" the reply was " we scanned your tags to get your information."So with that being said I could've been notified earlier. ******* Towing and Recovery intentionally waited until the payment amount was high to contact me.******* Towing is in violation of the law. An associate hasn't given the Maryland law, statue or regulation that says towing companies have 30 days to notify the owner.I cannot find it anywhere because it doesn't exist. ******* Towing and Recovery is in violation of 2110A04 subsection 3 of the Maryland article of transportation.Even if I was being rude that has nothing to do with the fact the company is in violation and the wait to notify me about my vehicle being towed is starting to seem intentional.I believe ******* Towing and Recovery have something going on with ********* Auto Repair. They chose a company that isn't on the police towing list under county regulations so they can take advantage.Please provide the statue, law or regulation that says a towing company has 30 days to notify the owner.Customer Answer
Date: 09/06/2024
After reviewing the last response from the associate of ******* Towing & Recovery and also speaking to a member of the ************************************ I have found the correct information to prove ******* Towing & Recovery is in violation.
See ARTICLE IV. - NONCONSENSUAL TOWING OF MOTOR VEHICLES | Code of Ordinances | *********, MD | Sec. *****. - Notice to owner
(a)A towing company shall notify the owner, any secured party, and the insurer of record by certified mail, return receipt requested, and first-class mail within three (3) days, exclusive of days that the towing company is closed...
(Ord. No. G-08-22, 1, 12-18-08; Ord. No. G-09-10, VI, 6-4-09; Ord. No. G-13-07, I, 2-21-13)
Requesting I make a payment via cash, certified funds and money order is also in violation of ARTICLE IV. -NONCONSENSUAL TOWING OF MOTOR VEHICLES | Code of Ordinances | *********, MD | Sec. *****. - Payment of charges.
A storage facility shall accept payment in cash. A storage facility also shall accept (i) the two (2) most widely used major credit cards, MasterCard and ***** (ii) any MasterCard debit card; and (iii) any **** debit card. (Ord. No. G-08-22, 1, 12-18-08; Ord. No.G-09-10, VII, 6-4-09; Ord. No. G-13-07, I, 2-21-13)
See CHAPTER 13 - MOTOR Vehicles AND TRAFFIC |ARTICLE 3- PENALTIES|Sec. *****. - Violations of chapter. |Code of Ordinances | ********** MD |
Every person convicted in a court of this state of a violation of any provision of this chapter which is declared to be a misdemeanor or the doing of an act or the failure to do an act which is declared by this chapter to be unlawful shall be punished by a fine not to exceed five hundred dollars ($500.00) for each violation thereof. (Ord. No. G-75-43, 1; Ord. No. G-80-33, 1, 8-21-80)
I am requesting the release of my vehicle and a waiver to the cost of the tow $200.00; admin fee of $75.00, and storage fee from the received letter on Aug 13,2024 of $1250.00 and any additional $50.00 storage fee(s) that have accumulated during the time of possession.
Customer Answer
Date: 09/06/2024
For the record I was never offered a payment plan. I was told I would be contacted by the owner of ******* Towing & Recovery but I have yet to be contacted by the owner.Business Response
Date: 09/10/2024
Mr. *****,
I understand that you are unhappy with the payment options we previously offered you and this is why you probably felt frustrated and were rude to our staff. Unfortunately, we really are not a bank to provide or retail store to offer layaway. We accept several payment options, but the vehicle MUST be paid for in full prior to being picked up. The vehicle continues to accrue daily storage if you would like to propose a reasonable settlement it may or not be entertained. If you would like to settle this matter, please call ************. We look forward to hearing from you
Customer Answer
Date: 09/10/2024
Complaint: 22232296
I am rejecting this response because:
Sincerely,
****** *****Customer Answer
Date: 09/10/2024
My vehicle was towed by Dereks Towing & Recovery on July *******. I was notified my vehicle was in the possession of Dereks Towing & Recovery by Certified Mail on August ******* (27 days). The failure to notify me about my car removal despite the explicit regulations to do so, demonstrates a lack of transparency and good faith. This is a breach of communication and could be seen as negligent or even intentional.
By me not being notified in a timely manner has caused additional harm and inconvenience to me. ******* Towing and Recovery has demonstrated a blatant disregard for the city ordinance that governs their operations.
The failure to notify me within the stipulated timeframe and insistence on unacceptable payment methods clearly violate the established rules. This demonstrates not only a lack of professionalism but also a willful neglect of legal obligations.
See ARTICLE IV. - NONCONSENSUAL TOWING OF MOTOR VEHICLES | Code of Ordinances | *********, MD | Sec. *****. - Notice to owner
(a)A towing company shall notify the owner, any secured party, and the insurer of record by certified mail, return receipt requested, and first-class mail within three (3) days, exclusive of days that the towing company is closed...
(Ord. No. G-08-22, 1, 12-18-08; Ord. No. G-09-10, VI, 6-4-09; Ord. No. G-13-07, I, 2-21-13)
Requesting I make a payment via cash, certified funds and money order is also in violation of ARTICLE IV. -NONCONSENSUAL TOWING OF MOTOR VEHICLES | Code of Ordinances | *********, MD | Sec. *****. - Payment of charges.
A storage facility shall accept payment in cash. A storage facility also shall accept (i) the two (2) most widely used major credit cards, MasterCard and ***** (ii) any MasterCard debit card; and (iii) any **** debit card. (Ord. No. G-08-22, 1, 12-18-08; Ord. No.G-09-10, VII, 6-4-09; Ord. No. G-13-07, I, 2-21-13)
I sent a demand letter via certified mail August ******* via certified mail requesting the release of my vehicle and a waiver for the charges. The demand letter was received August ******* I gave the tow company a timeframe to complete my request but they didn't respond. I also filed a complaint with the Better Business Bureau and was able to speak with a representative from the towing company. She is still deining the fact the tow company isn't obieding the city ordinance and is refusing to fulfill my request.I have also filed a complaint with the City of ********* Code of ordinance regulation, *********************************** and I will be filing a complaint with the Maryland Attorney General.
Such actions warrant a penalty, and waiving the charges serves as a suitable consequence for ******* Towing and Recovery non-compliance. If the request from my Demand letter(s) aren't fulfilled the law permits me to begin legal action against you, including, but not limited to mediation, arbitration, or a lawsuit in a court of competent jurisdiction.
See CHAPTER 13 - MOTOR Vehicles AND TRAFFIC |ARTICLE 3- PENALTIES|Sec. *****. - Violations of chapter. |Code of Ordinances | ********** MD |
Every person convicted in a court of this state of a violation of any provision of this chapter which is declared to be a misdemeanor or the doing of an act or the failure to do an act which is declared by this chapter to be unlawful shall be punished by a fine not to exceed five hundred dollars ($500.00) for each violation thereof.
(Ord. No. G-75-43, 1; Ord. No. G-80-33, 1, 8-21-80)
Thank you for your immediate attention to this matter.
Customer Answer
Date: 09/12/2024
If the tow company is in violation of the local ordinances the owner of the car can sue to enforce that ordinance. The court can order release of the car as well as other costs associated with the ordinance violation-such as rental car fees. And release of the vehicle. So the tow company would be sued for that if my vehicle isn't released to me and the charges aren't waived by the end of the day.Customer Answer
Date: 09/14/2024
Better Business Bureau:
I would like to reject the offer of Mediation for complaint ID ********.
There is no need for mediation. ******* Towing and Recovery are not in compliance with The City Ordinances. If tow company is in violation of the local ordinances the owner of the car can sue to enforce that ordinance. The court can order release of the car as well as other costs associated with the ordinance violation-such as rental car fees. And release of the vehicle. So the tow company would be sued for that.
I will be filing a Civil lawsuit against ******* Towing and Recovery. I have gave the company enough time and multiple changes to correct their actions but the company is refusing to take responsibility and accountability. I have no other choice but to take it to court and let a judge make the final decision.
I am ready to move forward with legal action. Since ******* Towing and Recovery is continuing to deny the facts and won't fulfill my request the ideal outcome I am seeking is Waiver of the charges, release of my vehicle, I am going to sue for compensatory damages, and I will make sure ******* Towing and Recovery receives the full punishment for not obeying the city ordinance.
Regards,
****** *****
Customer Answer
Date: 09/16/2024
Thank you for your help. I was able to get enough information to properly file a lawsuit against the company. I have the person representing the company making multiple false statements. I used the BBB service so I can have the company on record intentionally disregarding their responsibilities. Please make this public so other people can be aware of the rights against shady tow truck companies in Frederick ***************Initial Complaint
Date:06/15/2023
Type:Product IssuesStatus:UnansweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Tow vehicle parked In legal parking spot
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