Windstream? HELP!

[Astatoo]

Ok, guys - I'm at the end of my rope here.

I keep finding references on Google to this (Fleetwood, Gulf Stream, Winnebago) - but they all insist they never made anything with this name. I suppose that all of these owners got the model names completely wrong (although that seems rather stupid).

As some here know, the government "misplaced" my 57 Sovereign whilst it was in storage and it was subsequently TRASHED. Now they are attempting to weasel out of paying damages. One of the few things I have going for me is that they wrote "Windstream, unknown year" on the police report when they supposedly deemed it abandoned (yeah, yeah, the whole thing is a clusterfark).

If they had actually been standing in front of MY trailer, they would have seen the Airstream Sovereign plaque on the right side of the door.

I just know there is something called a Windstream out there - it may be a fifth wheel, it may be a canned ham - it doesn't matter what it is - I just need something (official - not from Pinterest) to shove under their noses and say "HA!"

HEEEELLLLLPPPP!


Asta


Our big account is Asta2, but I can't remember the password...

[SteveSueMac]

I'm sorry for what you've experienced - and I'm confused. Are you saying your Airstream was misplaced then trashed and that it was written up by them as a Windstream - and now you're looking for one but it doesn't exist? It sounds like the mistakenly used the word wind when they meant air. Am I missing something??

[Protagonist]

Originally Posted by Astatoo

As some here know, the government "misplaced" my 57 Sovereign whilst it was in storage and it was subsequently TRASHED. Now they are attempting to weasel out of paying damages. One of the few things I have going for me is that they wrote "Windstream, unknown year" on the police report when they supposedly deemed it abandoned.

Which Government agency was it? "The Government" only narrows it down to a few hundred agencies, and gives no clue that might allow a Government civil service worker like me to give meaningful advice.

But, in general, when you turned your trailer over to whatever Government agency it was, they should have given you something called a "hand receipt" that shows they accepted custody. Then, any time it moved, or even if it didn't move but there were personnel changes in whoever handled the property account, a new hand receipt was supposed to be prepared showing the change of custody.

What you need to do is find that original hand receipt, that shows you turned over custody of the trailer. As long as you have that, and the damage was done before another hand receipt was issued turning custody back over to you, then you can properly file a damage claim.

Doesn't matter if the police report says "Windstream" or "Airstream." As long as you have that hand receipt, you've got a case. But, no hand receipt, no case, because there's no documented proof that you ever relinquished custody to them.

I just know there is something called a Windstream out there - it may be a fifth wheel, it may be a canned ham - it doesn't matter what it is - I just need something (official - not from Pinterest) to shove under their noses and say "HA!"

Don't see where finding a Windstream would help you. That doesn't help establish the chain of custody to show that the damage happed on their watch and not yours.

[Astatoo]

No - Army storage lot - we got sent overseas, an unscrupulous manager walked through the lot and decided that 7-10 vehicles (including our trailer) were "abandoned" (even though we were paying our bill) and had it towed - TWICE. Once to an "abandoned" lot, and then to a wrecking yard, where the guy started parting it out. Heck some folks here may have even inadvertently bought some of its parts (sadly). I think I wrote about it in our Asta2 name - I'd have to check.

Very long story short, a new admin asst. came in, was cleaning up the files, and found our contract in a dusty old box. She checked and found that we were still paying, looked around and didn't see our trailer, and contacted us (not too difficult - the Army has a global email system).

The Army lawyers are trying not to pay damages by saying it is our fault we didn't know it was gone (!!!) - we should have magically checked on it from overseas. That it "wasn't registered" (lord only knows where the plates went...), and that it wasn't insured (I tried to get a 30' empty aluminum shell insured in 2008 - I really did - but no one would touch it, even if it DID have a shell off new frame, floor, belly pan...). They are dancing around the fact that their own employee (now gone) arbitrarily removed several vehicles.

The thing about "Windstream" is that the lawyer is insisting that only the Military Police had the authority to remove the trailer, and that they made a sworn statement that says "Windstream, unknown age". I don't think they ever SAW my trailer - I think it was long gone, and they gave the authority to move another one. I say this because the admin asst who called me said all the vehicles that were removed were taken w/o due process -- the paperwork was tossed, but the money was still coming in, and none of the owners were told their vehicles were gone.

Hence - WINDSTREAM.

I have all of my paperwork, but if I have to hire a lawyer, I'm going to end up even further in the negative than I already am. We're talking gouged exterior panels, smashed interior ribs, crushed interior panels -- I had a body that was completely straight - yeah, a '57 with no dents. Ruined. They took all of the lights and anything else they could grab and water got in...


a

[Astatoo]

Ok here is a before and after from our Asta2 moniker.


a

[Gene]

Asta,

I can't see how showing an RV was ever made named "Windstream" proves anything relevant to your case. You are establishing a chain of custody with the actual trailer as you should.

If the common law applies (I don't know what statutes may be relevant), the law of bailment would probably say they are entirely responsible for damages since you paid for storage and that would require they cover the loss. Paying a fee for the bailment puts a higher duty of care on the gov't than free storage. But it is not that simple—just how the common law of bailment applies, the role of statutes and case law, all make this a fairly complicated problem.

A lawyer can untie the knots the gov't lawyers are creating. They are more likely to listen to your lawyer than to you. Yes, it costs money, but you have a lot more to lose. Ask a lawyer about his fees and get an estimate how much it will cost and then double it to make sure you can cover the fees. Start collecting information on the value of your trailer—it may be less or more than you think. For damages, you need to have provable costs. Are you trying to fix the trailer or replace it? Do you have it in your possession now? If you do, you could get an professional estimate on value of a fixed one, cost of fixing it or replacing it. You will need that information to establish damages. Find someone who knows Airstreams and charges a lot. I don't know where you are or where the trailer may be, but there are some people who do very good work around the country and could help you establish damages. Frank Yensan (62overlander) is near Baltimore and if the trailer is somewhere around there, he might be able to help you–he is a Forum member. There are others who restore Airstreams in other parts of the country.

Gene

[Astatoo]

Thanks Gene - but all of the appraisals / estimates have been done already - Jim Polk did them. The damage came out to $12,000.

The gvt gave me ONE day to get it out of the wrecking yard (I was coming back from a funeral - jerks), so James Richards from North Georgia Airstream Repair drove all the way down to Augusta to pick it up (he is who I had chosen, but dang if that is a long drive).

The kicker is - they KNEW what they were in for - they were falling all over themselves about me putting in a claim, saying they had insurance for it, blah blah and I told them it was going to be ugly. Then they got the claim and completely balked.

Yeah - I know I need a lawyer - the problem is, I'm not in the US, and I have to have one who does Military law. It is just sucking all the way around.


a

[Gene]

It does sound crazy. So long as you are in the military, they should not be able to sue you (Soldiers' and Sailors' Relief Act of 1940 as amended), but you don't want to get there.

Dep't of useless information—there is a telephone company called Windstream.

Good luck.

Gene

[RickDavis]

NJot sure why you need to establish if there ever was such a thing as a windstream, however here is where you would likely find the people who would know.
Tin Can Tourists