O my farking god! Its a miracle! Just got a call from the adjusters supervisor. He said he approved it as a total loss and as long as we agree on value tomorrow, I'll get a check tomorrow.

or just torch the car!
edit, nevermind, get the cheque

I am bordering on ecstatic. I called the guy with the e500 I finally settled on. Meeting him tomorrow night when he hets back in town.

Obligatory pic of the 500. It's stupidly clean, the sport package, panoramic sunroof
http://i179.photobucket.com/albums/w...df853c10f9.jpg

It is great they finally gave up on your car. I am sure USAA will be happy to have your business.

Hopefully the price will be what you want
 

Joe, glad that it looks like you are going to finally get a resolution to this bloody mess. But it certainly doesn't say much for the mechanics that have been working on the car, or the insurance company that's for sure.

Hope the payout includes an amount for stress!!!:mad:

Been busy writing counter arguments to question the negative advice given by the DA..

Basically he says there is not enough cause for doubt regarding his life or death, because he left with his luggage, ID and got some cash. And he told a buddy he would be gone for a short while.

Well, my argument is, that him leaving in jan 2011, does not in anyway shed light as to where he is in 2012, or if he is in good health.
That in fact, the circumstances of him leaving, are more reason for concern and doubt, then anything else.
That the fact that his estate is left unmanaged for 4 times the legal timeframe required by law, that the vultures(debtors) are going about their business without any opposition. does not answer much questions either.

And that it is difficult to understand why the DA would consider it in the best interest of my dad, that his affairs remain unmanaged.

all in all, got a pretty good letter in the works.. I find this very interesting to do especially so because i never even graduated in school, never mind i never studied law.

I'm definately getting my moneys worth, i payed 52 bucks legal fees, vs the 500 bucks the lawyer wanted for the initial letter, him going to court would have easily doubled that.

I am going to have to look back at old posts for the history on your Dad, Stijn
 

....?

At least you don't have to start at the first page! :D

Well he buggered off last januari, did not say anything to girlfriend, dropped hi daughter off (my youngest sis i never met her) and then was spotted (well his bank card was)in Madrid, and his passport showed up in Feb 11 in A'dam supposedly checking in for a flight to Nairobi, cops say he prolly never did fly, and prolly never was in A'dam , just "somebody" with his passport.

Since then, no word, news, trace. Nothing, his car is gone , nobody found it either.

His house is left unattended, the bailliff is trying to confiscate his belongings and hosue.. And nobody does anything because nobody has power of attorney.

So i requested the court to declare him "presumed missing" and in turn assign a notary to manage his estate.

I asked a lawyer, who wanted to charge me 500 bucks for just the letter, so i wrote it myself.

Now i got word, from the court that they want me to go to the hearing on march 14th, and they informed me of the advice on the matter, by the DA. Asking me to depose my conclusion about that advice.

eg , as far as i can tell, they want my counter arguments
So now i'm working up a nice letter doing exactly that.

Whats going on here ,Stijn.
How did I miss this?

Sorry to here this, mate. :(

No worries mate, i was not really close to him at all.
I'm just doing the due diligence so the vultures don't pick things clean

Without him having someone as power of attorney, this wont go well.

See, you have to check the thread every day and never skip any pages.

Glen, I dont miss much.
Sorry to the thread.

As attonment just read the entire thread! ;)

read it but don't get stuck on Wednesdays or Fridays or you will never be back.

Well, there is a specific law for this sort of problem

Article 112.1 says , i'll translate

« Art. 112. § 1. Wanneer een persoon sinds meer dan drie maanden niet meer verschijnt in zijn woon- of verblijfplaats en men van hem gedurende ten minste drie maanden geen nieuws heeft ontvangen en daaruit onzekerheid voortvloeit over zijn leven of zijn dood, kan de rechtbank van eerste aanleg, op verzoek van iedere belanghebbende of van de procureur des Konings, het vermoeden van afwezigheid vaststellen


When a person has not appeared in his home or place of residence for more then three months and there has been no news of him for at least three months and from this arised doubt regarding the life or death of this person, then the court can, by request of any party of interest or by the District Attourney, determine the suspicion of abscence.

Or simply put, if anybody who cares, requests the court, then the court will officially list him as "missing" based on the doubt caused by 3 months of abscence and lack of news.


That's what i asked to Court to do, eg , declare him "not found".
And the 3 month period, well, he left on 24/1/2011, last unconfirmed traces were early feb, 2011..more then a year ago.


The second part of my request was article 113, which states that, if 112 has been ruled applicable by the First cour and if nobody is in charge of his affairs through power of attourney, then the court must refer to people's(not sure hoe our different types of court translate) court,who will in turn assign a notary to manage things as a temporarily assigned custodian?

Time to make like a baby and head out for home.