My Toyota pickup truck was repossessed in August of 2001 without notice to me that repossession was imminent. I was two payments behind: there was a payment in the mail to them. At two previous occasions on being two payments behind, I was contacted by phone and warned by office manager Marcos Mieles, that unless I sent them a payment by overnight mail, the truck would be repossess post haste. On both occasions I responded, each mailing costing me some thirteen dollars.
However, I received no such advanced warning in August. My truck was taken from the front of my barn as witnessed by me from my kitchen window. Very upset, I phoned the State Police as I thought it had been stolen. They informed me it had been repossessed. I became somewhat hysterical, as, at age 72, (having driven since I was seventeen), I'd never had a vehicle repossessed. I had no idea what to do.
I telephoned Mr.Mieles at the Tewksbury, MA office and asked why he had not notified me, as before, that repossession was imminent. He appeared to be nervous and claimed, “We tried to contact you.” I could not believe him, as my daily habits have not changed one iota since his previous two warnings. I am always at home except for occasional brief jaunts to the village grocery or to perform farm tasks with my truck here on my property. As he had no difficulty phoning me previously, he would have had no difficulty in August 2001. It seems quite obvious to me that no effort was made to contact me. Ironically, that same evening, a neighbor, knowing of the financial stress I was in, came over and handed me a check for $500. I told him it was “too late,” as the truck had been taken already.
I did not hear from Toyota again, until I was sent a bill claiming I still owed them $2,000. Having owned the truck for six years, and having traded in my former vehicle for $2,000, I had a total of $11,000 invested in the truck. I have no idea of what happened to it. I was never notified of a private or public sale. I researched some consumer law and found that a debtor has the right to buy back the vehicle (redeem the collateral).
I was denied that right, perhaps under the assumption by Toyota, that I was too “poor” to do so, or two “dumb” to try. As to “poor,” there are ways to obtain financial assistance when a “poor” person finds him/her self in a desperate situation. I was denied my right to redeem the vehicle and confess to being “dumb” about such a situation.
To this day I have absolutely no idea how, where, when and to whom my truck was sold. Nor have I any idea of the price it brought. My balance owed Toyota was $2,000. The truck had no rust, was a 4WD with only 73,000 miles on it, and a paint job like new. I believe heartily that it sold for more than $2,000. I should have been paid by Toyota, any monies garnered at sale over the amount I still owed on the truck. I have received nothing. By law, I should have received reasonable notice of an impending sale so that I would have had an opportunity to exercise my right to bid on my truck.
Also, since I had paid at least 60% of the purchase price, I was entitled to receive money gained by sale of my truck, over what I still owe. I also found while researching, that sale of a vehicle must be “commercially reasonable,” and that “in some cases the creditor would require court approval prior to the sale. I also found that the lender could by written notice demand full payment of the loan, which would be an alternative to repossession. No such alternative was offered me.
I “fell apart” when my truck was taken. Because of a low fixed income I had to at times be late with the truck payment in order to set money aside toward my property taxes. Each time I was late, I added the ten-dollar “late fee” to the payment. Mr. Mieles told me that so long as I did not go more than two payments behind, it was “all right.” Thus in Aug.01, when I was two payments behind and a third was due, I mailed them a payment so I'd still be just two payments behind. The payments were $254 per month. The late fee was ten dollars for a total of $264. Shortly after my truck was taken, I received notice that I still owed $1,995. I find it impossible to believe they sold the truck for only FIVE DOLLARS. I ignored the notice and have heard nothing since.
Mr.Mieles was aware I live on a mountain, three miles down to the village. That truck was my lifeline, as I lived alone. With it I hauled the wood I needed to heat my home, manure and mulch for the garden; stones and rocks for ongoing repair of my driveway. I needed it to go for groceries, to the doctor, and other essentials. Having it taken, cut me off from any social life or entertainment.
For three years I have been unable to sell my produce at Farmer's Market: this cost me much needed income. Losing the truck so suddenly left me emotionally, mentally, and physically stressed (hauling rocks, wood, and manure in a wheel barrel will stress younger muscles than mine.) I also suffered a loss of self-esteem and independence. As I write this, I am in pain from a fractured rib, having fallen on a downgrade while pulling my grandson's plastic sled filled with stove wood to heat my home. My right ankle is afflicted with a chronic sprain. My knees and hips have been causing me pain due to the stress of getting wood to the house without my truck.
In researching consumer law I found the Statute of Limitations for legal action as regards vehicle repossession is six years. Why did I not take immediate action against Toyota Motor Finance? As stated, I “fell apart.” As a widow with a farm to run completely on my own, I was unable to hire an attorney. Beset with a deep depression due to the sudden loss of a vehicle indispensable to my very well being, I faced battle against a large corporation employing a battery of lawyers: I simply “lost heart.” Of late I have recovered my wits, and the anger at what was done to me.
Falling down as I hauled wood with a child's sled instead of my truck has propelled me into taking action. It appears I have been taken advantage of and very possibly defrauded in a deliberate act of repossessing an excellent vehicle with a minimum owed on it. This of course would create a quick profit for Toyota Corporation, Toyota Motor Finance Corporation, and the new owner of the dealership from which I purchased the truck.
It appears advantage has been taken due to my age, low income, and ignorance of legal procedures involved in vehicle repossession. It is logical to assume that others have been, are, and will be in my situation, a widow with no one to turn to for advice, and no time to do so, as the truck was taken suddenly without any notification. For justice to prevail, such incidents should be dealt with by a company like Toyota, on a case-by-case basis rather than cold-bloodedly “by the book.” Nor should such a company treat a customer who has purchased a total of three Toyota's in the recent past.
Certainly Toyota Motor Finance set a precedent on two occasions in notifying me of imminent repossession thereby allowing me the opportunity to resolve the matter. I question why they suddenly change their method of procedure. I would have managed to get a payment to them by overnight mail as I did on the two other occasions. The payment I mailed would have reached them on time. I felt the truck was safe from repossession. That they took it as they did came as a shock. I would like to sue them for the legal procedures they failed to take, and the stress and hardship their actions caused me. I would seek compensatory and punitive damages, the latter to have them think twice before they so unjustly repossess another person's vehicle.
Ruth
Marshfield, Vermont
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