WEST MIAMI BEACH, Fla. — Gigi Stetler, owner of RV Sales of Broward, has filed a motion to compel GE Commercial Distribution Finance to abide by terms of a 2011 settlement agreement between the two firms.
Stetler filed an arbitration action against GE in 2010 after GE had confiscated all inventory at the dealership, with the exception of RVs that were being used by rental customers at the time. Because GECDF did not provide Stetler’s dealership with a receipt for the vehicles it had repossessed, she claims the dealership lacked an accurate record of its remaining inventory. Because the rental RVs were scattered across the United States, the dealership didn’t know for sure if they had been kept by the renters or confiscated by GECDF.
According to the motion, “based on the settlement agreement, Stetler is entitled to all titles and/or lien releases for all vehicles not taken. Therefore, Stetler is entitled to all information on vehicles still registered in her name.”
Stetler told RV Daily Report she is attempting to learn the whereabouts of 19 RVs that remain titled to her, but appear to be in possession of Camping World.
Information recently uncovered in another case Stetler is pursuing against Camping World showed that GE transferred the inventory from Stetler’s lot to a local Camping World dealership, where they remain titled to Stetler’s dealership with GE listed as a leinholder, she explained.
At the heart of the issue is the location of the 19 missing RVs which remain titled to RV Sales of Broward. The motion to compel notes that GECDF provided a spreadsheet in October listing the missing units, but failed to provide support material to prove their existence.
According to a complaint filed against GECDF in August 2013, the parties stipulated a settlement in February 2011. That agreement called for GE to return to Steler all manufacturer statement of origin documents for units which were in the dealership’s possession. GE also agreed to release all claims it had against the dealership and Stetler.
However, the complaint filed two and a half years after the settlement agreement was made noted GE still had not fulfilled its obligation to give RV Sales of Broward clear title to the units. The complaint also noted at the time that GECDF has not yet removed Uniform Commercial Code 1 forms for a $400,000 judgment that impeded the dealership’s creditworthiness.
Although some of the issues have since been resolved, Stetler told RV Daily Report that GECDF has failed to release the liens and provide clear title to other RVs at Stetler’s dealership so the depreciating vehicles could be sold.
Stetler said the issue will likely go to trial later this year.
In a related matter, Stetler’s attorney, Peter Ticktin, began advertising this week seeking additional plaintiffs for a potential class action suit against Camping World.
The advertisement read, “Have you ever seen ‘The Profit,’ a TV show where Marcus Lemonis, the CEO of Camping World, ‘helps’ businesses? Well, we have a major suit against Camping World. If you have any information about any other wrongdoings of Camping World, please let us know at email@example.com.”
Story From: RV Daily Planet (http://rvdailyreport.com/industry/stetler-takes-on-gecdf-in-new-court-action/)
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