Atempted Repossession by Toyota Financial Services

[sutty111]

Hello

I was wondering if anybody can give me any advice on a matter regarding my partners car.

Ill try and keep it short because the full story is quite long and boring but basically my partner has missed what was 3 now 4 payments on her car. She has recieved no letters due to moving house a number of times and the first she heard there were problems was when one of their 'agents' turned up at her parents looking to repossess the vehicle.

 

She called them as soon as possible to try and sort it out and bring the arrears upto date in full. One of their supervisors who we both spoke to was both very agressive and intimidating and basically said the agreement has been terminated and basically let them pick the car up or repay the outstanding in full. They were not going to take any further payments and are not prepared to reactivate the agreement

 

I wrote a letter to the company for my partner complaining about the way she has been treated and the upset it caused her and offereing once again to pay the arrears in full.

 

I recieved a letter back today basically outlining payment that had been missed and collected on the second or third attempt then saying that its her responsibility to change address etc and that once again they are not prepared to change their decision to repossess the vehicle.

 

And I quote "Please therefore contact Midland Recovery Ltd on 01********* to arrange the return of the vehicle or we will have no alternative but to consider reporting this matter to the police and/or issuing legal proceedings.

 

In line with out regulator's guidelines, I am requird to inform you that this letter represents our final stance on this matter, and I do hope it provides you with a satusfactory explanation"

 

If anyone can offer any advice on this matter it would be greatly appreciated.

 

Regards

Mark

[jamraz]

what happened in the end, im building a complaint to OFT and FSA regarding TFS,

[sequenci]

Hello Jamraz,

 

The poster in question placed that message on the forum a year ago, it was their only post. They may not reply.

 

Have you a thread outlining your own situation? I might be able to help you.

[jamraz]

Hi,

and thanks for your reply,

basically following loads of correspondence, adjournments etc..

a judge granted damages to tfs yesterday upon an unenforceable credit agreement (subject to appeal now, of course)

i was litigant in person, and the judge refused to assess the enforceability because my defence (written 18 months ago) didn't detail the enforceability.

my witness statement, skeleton argument, and correspondence disclosed however did!

 

i now have to sue the vendor, and consequently the 20k damages awarded yesterday need to be included.

the judge refused to adjourn, to allow me to revise my defence.

the judge assumed that TFS's appended terms and conditions applied even though no evidence demonstrated that they were associated.

the hpa was unenforceable, yet the judge was not willing to revisit such an argument

[jamraz]

also goods were defective, and tfs resused to intervene and arrange vendor to repair

[Surfer01]

Are you referring to a HP agreement or a loan agreement from Toyota? We thought we had a HP agrement but it was actually a loan and had no end of trouble from TFS. We eventually sold the car privately and paid TFS.

[jamraz]

its a H.P.A.

[sutty111]

Hello, Ive had a few emails to notify me about uipdates to this thread and i just thought i would share the outcome with you.

 

After a lot of letters back and forth between myself and TFS not to mention i hid the car so they couldnt find it tfs finally backed down and agreed that if my partner payed all sums outstanding including the fees from the repossesion agent she could keep the car.

 

Not everyone will agree but after carefully discussing it between us we decided that this would be the best course of action to take in our circumstance

 

Regards

 

Mark

[sequenci]

Hi Mark, thanks for letting us know the outcome.

 

I hope you remain on the forums

 

Best wishes,

 

Seq.

[Surfer01]

Glad you have got it sorted as there is a real nasty character in their collections department who goes by the name of cameron and will do his best to try and put you down and do a repossession. Although I sent a written complaint, TFS choose to ignore it so you have a good outcome!

[tigpig4]

I just purchased a Toyota 2010 in February and was on time for the first 3 month but do to an issue with job and child support fell behind 2 months - since then I have been trying to catch up with no resolution and have been in contact with Toyota and they are not willing to help because the loan is so new. I received a letter this week stating that if I do not come up with the 2 month past due by the 23rd of this month they will send out for repossession.

 

I am a bus driver and do not go back to work for 2 more weeks and there is no way to come up with the money nor can I afford to have my car repo'd with 3 young children.

 

I can however pay them on Sept 9, 16, 23, and 30 to catch up and bring current the loan. I have mentioned this before and they told me it is not something they will do with a new car loan.

 

Can anyone please help me with this. I have no family or friends where I just moved and am really worried.

[Surfer01]

Please check the loan documentation. Is it a loan or is it Hire Purchase? Toyota have been doing a lot of loans secured on the car instead of HP so they cannot in fcat repossess the car.

[tigpig4]

I am sorry to ask but how do I know if it is a loan or Hire Purchase?

[tigpig4]

Let me also add - I bought the car in CT - paperwork on top states Retail installment contract - simple interest - on TFS carbon forms. I now live in SC. Not sure whose laws would govern me?

[PammyG]

I got help from The Lease Advice Bureau

 

They deal with issues of this nature and give free help to consumers

 

Please check the loan documentation. Is it a loan or is it Hire Purchase? Toyota have been doing a lot of loans secured on the car instead of HP so they cannot in fcat repossess the car.

[Surfer01]

Have a look at the top of your agreement. It shoudl clearly state whether it is a Hire Purchase or loan agrement. Can you post up a copy removing all personal details?

[summerbreeze]

Let me also add - I bought the car in CT - paperwork on top states Retail installment contract - simple interest - on TFS carbon forms. I now live in SC. Not sure whose laws would govern me?

 

You bought the car in Conneticut? and now live in South Carolina USA ?