I woke up on Tuesday, 1/15/08, to find my 2003 Toyota Matrix GONE. After searching the parking lot, I first notified my apartment complex to see if they had had it towed and then I notified the Police.
While I was notifying my insurance company the police called to say that they found the car and that it had been repossessed.
I immediately called TFS to ge the whole story and they claimed that I had not sent back the signed leased extension, back at the end of November.
I had spoken to TFS about extending my lease for 6 months. I was at the end of a six month extesion to the original 48 month lease. I had NEVER missed a payment, nor had I ever been late.
They sent me the paperwork and I signed it and faxed it back as well as sent the original by mail. They claim to have never received the fax or the mailed original.
I asked them about why they hadn't contacted me and they said they tried on the two numbers I had given them back in 2003 which were not my current numbers. I asked them if they failed to reach me then they should have sent a letter as they had been sending me my monthly statements for the previous 55 months.
They restated that they have documented numerous attempts to contact me at the numbers they had on file.
I had continued to make payments, they even show my November and December payments, the December one was processed on January 2 and they issued the notice to repossess on January 4th!!!
What kind of company does this???
Their defense is just because I make payment, without the lease extesion, does not qualify as an extension to the agreement.
I disagree, a contract exists as long as TFS receives consideration (payment) for my use (lease) of the vehicle. I sent the required documents and they fail in due diligence to contact me by phone, which they said they did, although they never reached meor by mail, which they had as I had been receiving monthly statements even though I have moved three times in the last 4 years.
This has been very frustrating and even escalating to the managers ahs resulted in the same story. "We tried to contact you at the numbers we had available." "We never received the extension".
Now they tell me that I can get the car back if I pay it off and pay the towing and storage fees.
I don't know what to do, but I will NEVER use TFS for a new car purchase.
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