Wrongfull Repossession?

[maeday24]

What is the name of your state? MA

My 2005 Hyundai was repo'd last Thursday. I have rec'd no notice that this would happen or that i was even in default of my loan. I called and they said that I have not paid for the last two months. I have the bank's cashiers checks and have gotten paperwork stating they were not cashed. I also have both certificates of mailing showing that i mailed out both checks even before the due date. Toyota Financial services say I have to pay the 14,800s till left on the loan, and they wont even work with me to fix this. I understand that they did not recieve the checks but I paid for them upfront, I thought that it would show the intent to pay, i told them i was willing to even pay again which would be two double payments, and still no help. Do i have any legal action?

 

[Ladynred]

I have rec'd no notice that this would happen or that i was even in default of my loan.

Didn't you get a monthly statement ??? I find it hard to believe they didn't call you numerous times asking for your payments.

When did you get the paperwork stating the checks were not cashed ???

As far as Toyota is concerned, you didn't pay as agreed, that's all they care about.

I also have both certificates of mailing showing that i mailed out both checks even before the due date.

Shoud have sent them with a return receipt requested, at least you'd have had confirmation that they GOT the checks. Then you might have a leg to stand on.

 

[maeday24]

I called to tell them i had not recieved any statement from the last 2 months and advise that I had sent 2 checks for april & may. When I called both then and the morning of the repossession they had to "update" the phone numbers i gave them which to me means they did not have the correct ones.

 

[cbg]

And whose responsibility was it to provide them with the correct phone numbers?

 

[maeday24]

what do you mean who responsibility was it? Both times I had to provide my correct phone number, how was i to know that they had them down wrong until i called them?

Wow, I am just wondering what others think, I have alrready gotten the AG office of consumer affairs involved and they have been great. I guess some people think badly of all others beside themselves!

 

[Ladynred]

What bdancer was trying to say is that it is YOUR responsiblity to be sure that your creditors have your CURRENT and CORRECT contact information - addresses and phone numbers. It is not Toyota's job to track you down. If you moved or changed phone numbers since you bought the vehicle you should have made sure they were informed IN WRITING.

Did they also have your address wrong, is that why you had not gotten statements ?? Auto finance companies are pretty aggressive when it comes to getting paid. I find it hard to believe they didn't try to contact you in some fashion when the first payment went late.

If you're going to make payments for such important things as your car, then you REALLY need to use a method that will provide you confirmation that the money was received AND accepted. You can't do that with cashiers checks or money orders.

 

[Country Living]

Website

Toyota Financial has a website which I found with a simple Google. You can sign up for online account access to "schedule payments, obtain payoff information, change your address and more."

http://www.toyotafinancial.com/finance/index.html

You act as though you have no ownership for this situation.

 

[TigerD]

They couldn't have had the wrong address -- they came to get the car!

Proof that you bought a money order, cashiers check or a pack of gum is not proof of payment. It is proof that you bought a money order, cashiers check or pack of gum.

You have to prove that you gave the money to the creditor. That is done by a cancelled check, bank statement showing the withdrawl or a receipt.

Now let's get to the obvious question:
Why were you, a fine upstanding person, paying for cashiers checks when a regular check would do?
Based on my years of experience, my WAG is: "A: You didn't have the money so you bought a money order and cashed it then send you mailed it; B: You bounce checks frequently and have no idea who you paid what to."

I think you tried to run a fast one and got tripped up so you are nopw crying poor me to an internet board.

DC

 

[Country Living]

They couldn't have had the wrong address -- they came to get the car!DC

ROTFLMAO - That was good.

 

[AHA]

They couldn't have had the wrong address -- they came to get the car!

A repo isn't necessarily done at the residence, it can be done at the workplace or anywhere else where the car is found by the repo company.