[staffords]

Hi All,

This is my first post in this forum and would appreciate any help you can give me. Heres my situation. In September my company closed down, I was financed through Toyota Motor Credit Corporation. Knowing that September would be a very lean month, I applied for a deferment. They sent me an email and granted me the deferment and in the email it was said I would be receiving paperwork to sign and return to complete the process. I never received the paperwork. I called them to let them know I had not received any paperwork, they asked if I had a fax machine. I don't. They agreed to send this paperwork again. I waited and It did not arrive. I called the company again and asked about the deferment in mid October and was told it was no longer valid. So I spoke to the collections department about a payment arrangement, to allow me to catch up because of their botched deferment. They made an arrangement with me and 9 days later the car was repossessed. I called them after the repo and all they would say to me was you have to pay the full amount. I feel that even though I was late It was their fault that they never sent the paperwork. Even when I spoke to the collections dept. they never said I was in jeopardy of repossession. I know PA law says they dont have to notify me but this is a little unreal. Thanks for listening,

Steven

[Mr. Knowitall]

You didn't finalize the deferment, and you knew you hadn't finalized the deferment. You could have made arrangements to receive a fax. You can even do that at a copy shop.

There has been a proposal in Pennsylvania to add reinstatement rights following repossession, but it does not appear to have become law.

[staffords]

Thank you for your response. But I believe you are missing the point.

The idea of this is that I shouldn't have to track down a fax machine when twice I was told it would be sent. Then when I called and made payment arrangements I was told that the deferment was no longer valid, but to make my next payment as agreed and they would give me a deferment and I could catch up. 8 days later they repossess the car. In my opinion, they should have not made an agreement with me if they were not going to honor it. I was in contact with them every step of the way. If the car was to be taken I would have rathered them reject any payment agreement and tell me the car would be repossessed then hit me by surprise. Their inability to send me forms as requested twice, and making a false payment arrangement seems to be lender abuse. I would like to know what you think in that respect. I have filed complaints with my states Attorney General and the FTC as well as a complaint with their corporate headquarters. But should I seek legal representation?

Thanks Again
Steve

[Mr. Knowitall]

You are free to get a lawyer if you want, but I'm afraid you're missing the point:

You didn't pay on time. You knew you didn't pay on time.

You didn't sign and return a deferment agreement. You knew you didn't sign and return a deferment agreement.

If they mailed something to you twice and you didn't get it, and you didn't feel like you had any responsibility to arrange to receive a fax... this is what happens.

[staffords]

I have no idea who you people are, or what you do for a living. I just hope its not law. I decided to post on this forum about a month ago about my situation involving a repo. I got (help?) from Mr. Knowitall. He basically told me that I was not able to file a lawsuit for my claims of unfair collections ( basically he said "sure, get a lawyer and they'll tell you you're a retard"). So I milled about and didn't contact a lawyer because I felt that maybe I was at fault in my situation. But I decided to consult a lawyer anyway. My results were startling, it turns out that I do have a case, a quite valid one that is going to court after the new year. Its just funny that when you ask for help in a legal advice forum, you get results that are far from legal or advice. Upon the study of my states laws my law firm showed me that I have proof of negligence on the part of the lender and that is certain. So I advise all, contact local lawyers and have them hear your case. Those who try to "help" on this board are usually not doing so for your own best interests. This forum is garbage and can help no one, trust me and speak to a local law firm. Its free and you wont get any frustrated blowhards "advice" to deal with.


Steve

[Mr. Knowitall]

I never called you a "retard". If that's your self-perception, that's not my problem.

I guess your lawyer's theory is that your lender should have purchased you a fax machine, and maybe a second when the first one "didn't arrive", because the mail doesn't seem to work at your house? It should be an interesting case.

Let us know what happens in court. (Everybody who goes to trial expects to win. Half of them lose.)

[staffords]

First of all I was implying that you were calling me a "retard". Second of all the fax was a totally secondary thing. In my loan contract it didn't state that I must own a fax machine, or be able to receive faxes for it to be valid. If I send you a letter and you don't get it what does that mean? What if I have no proof that the letter was actually sent? What if I live in a rural area and I don't have a Kinkos readily available to me? If you read my post I didn't refuse to pay, I asked my lender for a hardship extension which they approved. That is the first part of a contract, I initiated my end and followed up with them when I didn't receive any paperwork. Again, I don't know what law you practice, but I hope its not consumer advocacy. My impressions of this board came from reading many of the posts. One person even suggested that protecting your property with a firearm in a state that allows this was illegal. He even stated that his repo man had "sent 4 people to the morgue". Whats with that? Does anyone on this board have the consumer in mind. FYI, Toyota Financial has many complaints of accounting and consumer fraud, which before dispensing your advice you didn't look into. Also I don't think a message board is the be all end all, but there may be people who are. I'm just saying from what I've read there are cases on this board that need to be taken up with people who know how to read their state laws and stand up for them. Alot of people here get answers that either have facts that they can look up on ther own or answers that are not really in their interest. As for your second point that everyone thinks they will win they're lawsuit, thats the most pointless shit I have ever read. No one thinks they will win, they believe they will. Thats why you seek a lawyer and make things happen. There is too much documented lender abuse in this country to stand by and be rolled over.

Steve

[Mr. Knowitall]

You're an ass, and you're not very bright. I wish I could watch the trial.

[staffords]

Again with the helpful comments. I believe you're the ass posting on a forum where people need real legal help. You haven't any grounds to stand on and you call me an ass? You better stop practicing law from mommys basement and get a degree in something or you'll continue to say "Thank you come again" at some Mini-Mart.

[aaron]

Being rude and argumentative isn't helpful.

Let us know what happens in court, and if you achieve more than getting a nuisance settlement.