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Confusing situation with leased car/HELP


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Posted by Texan (64.200.91.194) on October 02, 2003 at 14:51:27:

We filed chapter 7 in Texas Sept. 2003. We didn't include the house or my leased Toyota. We surrendered my husband's leased Mazda. We had the house on the market, were able to keep paying on time and then ultimately sold it. Meanwhile, Toyota Financial told me and my attorney (who sucked BTW), that we could re-affirm the debt for the lease and just keep making payments. After several attempts to get Toyota to send us something in writing, I was told through the attorney's office that Toyota doesn't offer any kind of paperwork-they said just keep making your payments. Of course having us flagged in their system as a bky didn't help. We finally got someone to talk to us and they confirmed that we just needed to keep sending the payments but no statements would be mailed.

We relocated to the DC area for a better job and kept sending payments. Our case was soon discharged (in Dec. 2003). A month ago, Toyota attempted to repo my car. They said we were three months behind! I was able to fend them off and keep the vehicle by sending all monies due via western union. They were so rude to me and that's another story, I digress. What I found out was that over the course of almost a year, we had in fact missed payments. It was not for the lack of funds. My husband is absent minded and does all of the bill paying. Without a statement in hand, he forgot on three separate occasions. Believe me, we've got that situation under control now :)

Here's my question, does not reaffirming in writing sound right? what's my recourse at this late stage? the lease is up in six months. I am scared to death of what my happen, I've heard horror stories about turning in a leased vehicle. They are either going to stick it to me to re-fi, not allow me to because of my credit and stick me with no wheels or I am going to owe extra. what should I do? Some say to save up and buy a used car outright and let Toyota have it back. I really like the car, it's 4 yrs old and would like to keep it. Any suggestions would be appreciated.


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