My xA got reposessed!!!!
#1
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DelMarVa
Scion Evolution
Joined: Oct 2004
Posts: 88
From: Centreville, Va
My xA got reposessed!!!!
My xA got reposessed because somebody at toyota financial services seriously messed up. Thing is we sent in a check to finish paying off the xA which was around 17k they cashed it and sent me my certificate of ownership but a month later we get calls every wednesday sayin that if we dont pay they will take the car. So my mom calls them every other day and tells them that we payed but they still dont believe us. So we get copies of the check that was cashed and go to the closest dealer. After being there for 2 hours they tell us that they in fact received teh check but didn't cash it. We're just like wtf? we have proof here that you have then they make up some crap sayin "the bank stopped payment on the check" so now i dont have my car and my family is 17 g's poorer. We dont know what to do, but if we get a lawyer and find out that somebody messed up at toyota i think i should deserve a free accssory or somethin right? shoot i might even ask for a new car cuz im so ____ed
#4
That royally sucks. I'd be MUCH more worried about the effect on my credit score than getting a free accessory. Here's what you maybe should do:
Goto the bank that issued your check. Have them confirm in writing that the check was/is valid and negotiable. Maybe even have that documentation notarized. Take it to the nearest dealer and speak with the finance manager or dealer general manager. If you think the results are a little slow, maybe call the investigative reporter at your local news station.
Not saying you did anything wrong, cause this sounds entirely like the bank's or Toyota Finance's fault, but anytime you are dealing with a check that big take the check in person to the place of business it is for. If you must mail a check that size, send it certified mail. Good luck getting everything resolved quickly.
Goto the bank that issued your check. Have them confirm in writing that the check was/is valid and negotiable. Maybe even have that documentation notarized. Take it to the nearest dealer and speak with the finance manager or dealer general manager. If you think the results are a little slow, maybe call the investigative reporter at your local news station.
Not saying you did anything wrong, cause this sounds entirely like the bank's or Toyota Finance's fault, but anytime you are dealing with a check that big take the check in person to the place of business it is for. If you must mail a check that size, send it certified mail. Good luck getting everything resolved quickly.
#6
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DelMarVa
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Joined: Oct 2004
Posts: 88
From: Centreville, Va
we took proof that the checks were cashed to the dealer but nothin happened, now im so ____ed of i think i deserve a tc. my moms real worried about her credit score cuz it was already bad but now its gonna be horrible. The last time they called my mom told them she was gonna go to the washington post, and fox 5 news and make toyota look real bad, and she really can do this because she knows people in VERY high places
#7
I'd complain to scion directly...
if something isn't worked out to your satisfaction...
I'd be ____ed enough to tell them to just return the money... and go elsewhere...
tell them to clear up the credit record too
else you can file a lawsuit... and sue for the lawyer fees as well...
since there's a paper trail of the money... toyota doesn't have much they can argue...
the only real question is... who is at fault? the dealership or toyota/scion corporate?
if something isn't worked out to your satisfaction...
I'd be ____ed enough to tell them to just return the money... and go elsewhere...
tell them to clear up the credit record too
else you can file a lawsuit... and sue for the lawyer fees as well...
since there's a paper trail of the money... toyota doesn't have much they can argue...
the only real question is... who is at fault? the dealership or toyota/scion corporate?
#9
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DelMarVa
Scion Evolution
Joined: Oct 2004
Posts: 88
From: Centreville, Va
guess what i just got in the mail. Notice of our (toyota's) intention to sell property well as far as im concerned they can go ahead and sell the car and give me a new one
#12
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Re: My xA got reposessed!!!!
Originally Posted by Peteypabs88
My xA got reposessed because somebody at toyota financial services seriously messed up. Thing is we sent in a check to finish paying off the xA which was around 17k they cashed it and sent me my certificate of ownership but a month later we get calls every wednesday sayin that if we dont pay they will take the car. So my mom calls them every other day and tells them that we payed but they still dont believe us. So we get copies of the check that was cashed and go to the closest dealer. After being there for 2 hours they tell us that they in fact received teh check but didn't cash it. We're just like wtf? we have proof here that you have then they make up some crap sayin "the bank stopped payment on the check" so now i dont have my car and my family is 17 g's poorer. We dont know what to do, but if we get a lawyer and find out that somebody messed up at toyota i think i should deserve a free accssory or somethin right? shoot i might even ask for a new car cuz im so ____ed
I recommend you take copies of the canceled check with your certificate of ownership to an attorney and advise him/her of your situation. For a few hundred bucks, any attorney worth his/her salt can draft a very business-like but forceful letter that will make Toyota Financial sit up and take notice. If you handle this yourself, you might not get the necessary respect you're due (and if you lose your cool, you definitely won't get the respect) and the pointy-haired induhvidual with Toyota Financial Services will take his/ her time because they can. My opinion is an attorney will make the company respond more quickly.
This sucks, but keeping your cool is the best way to handle it and ensure you receive the best treatment possible. If you keep your cool, once the finance monkeys notice their error, they will be falling all over themselves to apologize and return your car. Plus, keeping your cool AND having an attorney works wonders - when the Toyota Financial Services Induhvidual calls you, say, "I would love to discuss this with you however, all correspondence should be addressed directly with MY ATTORNEY." There is something about that phrase spoken calmly -- it's like saying f*ck you without having to say it.
As an aside, your bank will be able to tell you whether or not the check was stopped; nobody but an account-owner (i.e. signer with authority) can execute a stop payment for a check. To be safe, check with the account holder (assuming its your folks???). Based upon your story, it certainly does not appear as though anyone stopped the check; the finance-monkey that accepted the payment and signed off on the lien release should have called to confirm the check cleared, which is what they usually do before sending out a lien release... My understanding is that once the release is signed, it's done (at least in California it was that way - when an authorized agent signs off on the title, and the car is yours, it's yours).
#14
Someone should get fired for this... I'd raise a big stink if Toyota or Scion Corp doesn't come through. Call the papers, TV news for sure! Let the Chamber of Commerce know of the dealers failure to help. Call you City Councilman.... Spread the news... But only if they don't have it resolved. You don't want to get sued for slander...
Good Luck!
Scoot'n Low
Not a Lawyer...
Good Luck!
Scoot'n Low
Not a Lawyer...
#15
Chimmy3 raises a good point. With proof of payment and the title in hand go to the police, that is grand theft auto. Once that goes thru you can claim emotinal distress and depending on the state you can take in 4 times what the property is worth, so about $60K. The biggest concern i see is getting a good lawyer. If you sue and lose double jeopary says your screwed. But any good lawyer would love the publicity and easy win with the case you have against toyota. Finally from what people have said Scion loves to help customers and toyota is the big bossy corp. so try to be nice 1st with Scion and get it resolved.
#16
no matter what happens, your credit is marred. It can take even years to remove and fix the repo... mistaken or not.
It's a very curious situation you have presented here, and being devil's advocate... maybe we are missing parts of the story.
Remember,
There is one side of the story
then the other side
Then the Truth
Good luck and keep us posted!
It's a very curious situation you have presented here, and being devil's advocate... maybe we are missing parts of the story.
Remember,
There is one side of the story
then the other side
Then the Truth
Good luck and keep us posted!