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    dannavan's Avatar
    dannavan Posts: 3, Reputation: 1
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    #1

    Nov 5, 2010, 08:09 AM
    What's the sol on suing a company for breach of trust and gross misconduct in ontario
    I use my 2001 bmw to secure a loan of three thousand dollars,the company that I got the loan from had someone broke in my garage and took my car when I was behind on my payments
    Eileen G's Avatar
    Eileen G Posts: 1,571, Reputation: 286
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    #2

    Nov 5, 2010, 09:06 AM

    I don't think you have a case. You used the car to secure a loan, then didn't fulfill your part of the contract by paying on time. Unless your contract says they can't, they have a right to take your car.

    What exactly does the small print in your contract say?
    dannavan's Avatar
    dannavan Posts: 3, Reputation: 1
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    #3

    Nov 5, 2010, 09:17 AM
    Comment on Eileen G's post
    Its says they have that right,but they are not allowed to break in your home,no one was home and they broke the side gate lock,broke the garage side door lock and went inside
    dannavan's Avatar
    dannavan Posts: 3, Reputation: 1
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    #4

    Nov 5, 2010, 09:23 AM
    Comment on Eileen G's post
    The reason I did not pay him,I realized he was trying to rip me off,I had two vechiles,two separate loan,for the same amount of money but the payment for the bimmer always higher an he never yet had time to sort it out when I brought it to attention
    Eileen G's Avatar
    Eileen G Posts: 1,571, Reputation: 286
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    #5

    Nov 5, 2010, 12:19 PM

    Then you have to resolve it legally. You can't just not pay and then complain when he takes his legal right to your surety.

    Did you report the illegal entry to the police at the time?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Nov 6, 2010, 03:57 AM
    Quote Originally Posted by Eileen G View Post
    Then you have to resolve it legally. You can't just not pay and then complain when he takes his legal right to your surety.

    Did you report the illegal entry to the police at the time?
    Correct advice, but it's "security", not "surety". A surety is one who co-signs a note. Security is collateral, in this case the car.

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