In reply to: Notice To Cure Default- Retail Account # 704-022-62993749-0001
Dear Lexus Financial Services:
Subject: Estate of Elijah Williams 2001 Cadillac, Deville - VIN #1G6KD54Y71U16XXXXXXXX
On June 2, 2008, I received a formal Notice of Right To Cure Default for the retail installment payments (April and May 2008) I have been making on my deceased brother, Elijah Williams' vehicle. In an effort to keep this vehicle in our family as my brother was gruesomely murdered in September 2007. His reasons for falling so short behind was due to my younger sister Shondell Williams' death on April 15, 2007; and the personal toll it had taken on him and the family at large; she was only 35 and died of a severe seizure. The reason for my brother, Elijah falling behind with his payments was due wholeheartedly to the death of our sister, Shondell. This began to take a toll on his work and personal life to the point that he took a personal leave of absence. Shortly after taking that leave, my brother, Elijah Williams was murdered on September 19, 2007.
In correlation, After my brothers death I immediately made contact with Dorschel Automotive, Lexus Financial Services, Toyota Financial Services and Weltman, Weinburg & Reis Co.,, Probate Department to find out what action and procedures were required on the families behalf in an effort to keep the car in the family. I was immediately told that before anyone would even talk to me; or share information referencing his account I had to make the account current.
Using my own funds from my personal account, (after assisting financially in burying my sister and brother) I came up with those funds totaling 4 payments at $373 per month. Prior to doing so, I expressed adamantly to Ms Richardson, in Probate that I merely wanted to make a title transfer and continue making the current installment payments on my brothers existing loan due to personal credit issues and fear of being turned down for financing and losing my personal money. I was assured as long as I kept making the payments there would be no problems. Ms. Richardson explained, in short if financing became an issue (but it wouldn't), in cases similar to mine special financing would be an option.
Because, I believe we had a mutual understanding the monthly payments were made and accepted by Toyota Financial Services via electronic transfers from my personal checking account with Bank of America for tracking purposes. I urged your financial people repeatedly of my concerns for making these payments and maintained casual contact. After expressing my concerns repeatedly, I was assured that there would be no problems later down the road!
About a month ago, I received another phone call from the Probate Department, this time from a Mr. Sloan who was very rude, controversial, impersonal and non-resourceful to say the least. Mr. Sloan in a very sharp tone, simply spoke to me in the most condescending tone using the most harsh words I've ever heard! He stated, that he could careless what my circumstances were, implied that I had a short memory and that I MUST get the car financed in my name in order to get a duplicate title. You see, I had been complaining from the date of the first payment In January of 2008 that I was making payments on a vehicle that I was NOT driving. It has been parked in my garage since the date of cargo transport to North Carolina. I merely requested a duplicate because my brother's original certificate of title cannot be located; at the time of his death he was using my late grandmother's address for his official mail: 325 Fisher Road, Rochester 14624 in Chili. I explained my frustrations continuously to all of the divisions listed above. Why? Because, I have made approximately 7 payments on this car along with full auto coverage (per policy) and it has been stored in my garage since October 2007. I have not been able to register the car in my state!
I was later told that I had to keep making payments while I attempted to get a duplicate title while working with Probate towards getting a title transfer; this was my initial request to start with. LaToya Richardson assisted me in the process for filing the appropriate paperwork and gave approval for account access and Affidavit of Successor instatement.
At this point, I assumed we were over the hurdle. I have continued my efforts for the following reasons: 1. The vehicle was 3 payments behind at the point of contact; 2. The vehicle was in repossession status at the point of death; 3. The vehicle holds strong sentimental value to my family; 4. It was the last wish of my late father, Lewis Williams who passed away on December 1st, 2007. Frankly, after losing 2 children and seeing them buried along with my fathers decreasing health conditions made life all the more unbearable. This too, was pointed out to Mr. Sloan. His response, it's a part of life! How cynical and arrogant!
Mr. Sloan, went on to explain that he would have Toyota send out the finance forms again; and that I had to complete them or they would be coming to take my brothers vehicle. He then, went on to say that the forms that I had initially completed were not totally filled out or notarized. Keeping in mind all of the emotional distress I have endured, I began to grow very short with Mr. Sloan. I explained to him in one conversation that if the forms were not completed properly why in fact had Probate disclosed all of the account information to me and more importantly why were they continuing to take my money each month? He had no answers just threats to repossess!
To say the least, I have become very discouraged. I have completed Toyota's Finance forms; haven't heard back from them formerly or informally. However, Mr. Sloan phone about 3 weeks ago and said he'd received an email communication that Toyota would not be financing the vehicle. Yet you continue to request payments from me, call and threaten me if I don't make a payment and forward correspondence such as what I've attached. However, you refuse to provide me with a duplicate certificate of title so that I can use the vehicle that I've in some form or another assumed payment on.
In an effort of good faith, I have made these payments. In an effort of good faith I have worked with your Lexus and Toyota Teams. I've attempted to get refinancing on my own. Only to be told that your organization should have no problems refinancing the vehicle due to the history involved. I have attempted to make automated payments using my bank account. I've said all of this to say, if you cannot provide me with a title, then I am requesting to be fully reimbursed for all of the payments I've made pertaining to this account as these funds were not used from an Estate Account, they were used from my personal account. I've done all that is in my power to keep my brother, Elijah's car as he would have wanted, but to no avail have you even attempted to work in partnership with me towards making this a reality. Please refund all of my monies and have your people pick up the vehicle or provide me with a title and allow me to assume the loan as I have originally request.
In addition, I have also forwarded a copy of this letter and it's attachments to attorneys representing Lexus Financial Services Rip-Off Reports.com to expedite satisfactory action. My question for Mr. Sloan, How is my memory serving me now?
Mooresville, North Carolina
U.S.A. Click here to read other Rip Off Reports on Lexus