I had had a car loan in 1998. In 2002, due to a consumer debt proposal I was told by the bank that they wanted the vehicle back. I surrendered the car and told them that because I was never in arrears on those payments that this was just nuts. Since then I have always stated that I owe then $0 money. Now it is 2010 and a collection company (cbv scotia) is calling third parties, sometimes more than once. Long story short I talked to them today and reiterated my point, I owe them $0. The rep hung up several times and finally said " have you got the money can you pay $500...a9and) I hope you have a good lawyer. I responded with "even if I owe the money, which I don't, the Statute allows for dismissal of all debt and the harassment to stop.She hung up again. What's the story? Thx A

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Originally Posted by UncBunk

I had had a car loan in 1998. In 2002, due to a consumer debt proposal

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Hello Unc:

I've been around this earth for quite some time... I've never heard of a "consumer debt proposal" that caused someone to give up their car... Why don't explain what that was.

excon

I have to agree with excon, unless you were in arrears on the payments I see no reason for the creditor to ask for the return of the car. There has to be more to this story.

I'm not sure what Statute you are referring to. Also, with matters of law, you need to indicate your general area as laws vary.

I believe that because the C.D.P. is covered under the Bankruptcy Act the Bank just got nervous. No payments were in arrears and the vehicle would have been paid off in 6 months. I was referring to the Statute of Limitations on debt in Ontario as quoted by a previous post. I also found that " " in other places. 6 years max up until June 2004 and now 2 years. I would fall under the former and the time is up. Is it not? Is there a Law pertaining to this new harassment and such?
Oh and I never will trust a trustee again. She was the one who asked me if I wanted to keep the car and the house. I said yes to both and she said "okay' that won't be a problem.
Debt Collection Laws would be the area. The collector actually called a relative and told her that she (collector) was from the post office. I have now opened a file with Can Post and they are investigating this individual.

I believe that because the C.D.P. is covered under the Bankruptcy Act the Bank just got nervous. No payments were in arrears and the vehicle would have been paid off in 6 months. I was referring to the Statute of Limitations on debt in Ontario as quoted by a previous post. I also found that " " in other places. 6 years max up until June 2004 and now 2 years. I would fall under the former and the time is up. Is it not? Is there a Law pertaining to this new harassment and such?
Oh and I never will trust a trustee again. She was the one who asked me if I wanted to keep the car and the house. I said yes to both and she said "okay' that won't be a problem.
Debt Collection Laws would be the area. The collector actually called a relative and told her that she (collector) was from the post office. I have now opened a file with Can Post and they are investigating this individual.

Hello again, Unc:

I'm not sure I understand yet... But, I'll try. It appears that you DIDN'T put the car into your bk, but the bank thought you might, so they asked for the car back, and you gave it to them WITHOUT concluding your contract with them.

Leaving it UNDONE, has come back to bite you today. Because you left it UNDONE then, I don't know what you can do about it today. You may be right about the statute of limitations, and if so, then why are you worried? They can't DO anything except call and write letters. You can hang up the phone and throw the mail away.

excon