In 2002 I enlisted in the US Army to help defend my country. Prior to entering service, I informed Toyota Motor Credit Corporation/Lexus Financial Services about my change of employment, told them to expect a disruption in payment, but assured them that I would allocate a portion of my check to be automatically payed from DFAS to them. The customer service representative agreed verbally to this arrangment. TMCC/LF had worked with me in the past when I had trouble making payments on time, so I presumed that all was well.
Prior to shipping out from MEPS to Ft. Benning, I packed my posessions and drove to my hometown to put them in storage, and leave the car with my parents.
About my second month of combat infantry training, I managed to earn a rare phone call home. I decided to call my mother, who was worried sick that I would be going to war soon (this was mere months before my unit deployed to Kuwait). At this point I was informed that a tow truck had taken my car. She said she had not received any kind of notice or letter, or she would have personally made good on the payments. TMCC/LF refused any such offer, and reposessed my vehicle.
Under FEDERAL LAW, upon entering military service creditors are disallowed from simply reposessing a car. Section 531 of the Soldiers and Sailors Civil Relief Act (50 U.S.C. 501) without first getting a judicial hearing. At no time did they do this; had they even followed the law, I would still have my car - and my credit score - today.
I'm now considering a lawsuit for damages, and since their offices are located in California's 5th 'circus of appeals', I think we'd have a very good chance of either getting our credit cleared up with a little barratry, or taking a huge bite out of their bottom line and maybe costing some of these unscrupulous individuals their jobs.
I still love Toyota. But I'll never finance a car through them again. Oh, and Support Your Troops - even if the finance companies wont!
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