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PA Repo/Toyota Financial Service - Letter and Insight

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Hi Everyone!

 

I am literally the newest member of this board as of the time fo this writing! Thanks for having me! 

 

I need some advice on getting a creditor off of my credit report. The creditor is “Toyota Financial Services.” For a few years I was paying off a loan with them. It’s a long story that is mostly my fault but at one point my car was repossessed. I paid it in full and picked up the car the net day but it happened. During the course of that loan I had a number of 30 day late marks too. It would be great to get rid of the entire thing or at least the repossession.I paid off the loan in 2017 and the repossession was in 2016.

 

I found the letter below for the repossession. I am in Pennsylvania and it was written for Texas. I began to switch it to Pennsylvania but had some trouble finding the most up-to-date repossession laws for PA. 

 

Does this letter work? Should I send it to Toyota Financial Services or to the CRA’s? I began to replace the TC for PA stuff but does anyone know the PA laws? Thanks!

 

Quote

 

To Whom It May Concern:

 

I am requesting proof of the accounting and documentation required under Pennsylvania Motor Vehicle Finance and UCC statutes. I have been unable to have an account for a supposed deficiency from a repo of (insert date acct.#), being reported by (insert ca an address of ca), removed from my credit reports.

 

The laws of Pennsylvania and the Federal UCC require that I was provided full notice of the deficiency, any and all accounting of the repossession. If I was not given full notice and accounting as required by Pennsylvania, you are liable under the FCRA, for any damages caused by fraudulent reports to the credit bureaus.

 

RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. Repossesses must hold valid collection agency license & Regulation, Texas State Department of Transportation, Division of Motor Vehicles, 4000 Jackson Ave., Austin, Texas 78738. Tel: (512) 465-7611

 

DOCUMENTS REQUIRED FOR LIQUIDATION: Title must be in lien holder's name. Forward application for title accompanied by a certified copy of the security agreement and an affidavit of repossession.

 

PLATES: Remain with debtor.

 

Please furnish me with immediate proof that this repossession was done in a legal and proper manner, including notification of deficiency, Repossession Company used, redemption notice, and proof you allowed me to access my personal property and plates off of the vehicle. I also request that you take the necessary steps to insure any derogatory information is deleted and purged from my credit reports.

 

I reserve the right in the event of your noncompliance to report this to the appropriate State and Federal authorities and take legal action to recover damages.

 

Sincerely,

 

Name

 

 

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welcome to CB!

 

I'm no expert on repos but please do not send that letter to anyone!!! What exactly was improper about the repossession?

 

are you looking at paper reports mailed to you by the four major CRAs?

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Concurring with Hege..,

 

A letter crafted for one State, even when poorly written, is not something where you can simply change the name of the State.  Hell, that letter still has Texas references in it.  Laws specific to a State do not always track to another jurisdiction.  You HAVE to know the law for YOUR jurisdiction and point out HOW those provisions were violated or that you are entitled to a request under those provisions of law... 

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