Vehicle Reposession in BC
Okay, this is the situation. I kind of know the answer, but I would appreciate a confirmation.
I had a vehicle when I was married. When I left my husband, I couldn't afford it anymore so I had to return it in the middle of my finance contract. Please note that this is NOT a lease, but a finance contract. This is what I know of vehicle reposessions and returning of vehicles:
- on finance contracts, if the vehicle is returned, then the person cannot be sent to collections for the remainder of the contract
- if a voluntary reposession form has NOT been signed, the person cannot be sent to collections. The rule is SEIZE OR SUE. Since they took the vehicle without a voluntary reposesion being signed, they seized the vehicle.
- if a leasing company had seized the vehicle, they have to do it in a manner where they hire a bailiff. If not, the seizure is illegal.
Now, I had voiced my interest in returning the vehicle, but nowhere did I sign a voluntary reposession. I had told them to pick it up and they did that day while I was at work.
They are now sending me to collections for over $8000 for a car that I don't have anymore. I had initially sent cheques into the collections office to start to pay it (I used to work there so I knew who the cheques were going to) and then I called them shortly thereafter to advise that I forgot all I knew about reposessions and for them to return my cheques. They didn't cash any of them... until August 27th. I have since called them and explained the story and they are on the same page as I. They advised that I go to the bank and cancel the rest of my cheques and they are still going to return them to me.
So, I guess I am looking for some clarification on what the legalities of this are. Even though they have emails (apparently) from me indicating that I didn't want the car anymore and I didn't sign a voluntary reposession, can they still send me to collections?
