[darkz]

Hi everyone,

I had been reading this site for a while now, and lately I had been in trouble with a so-called car rentel company in Vancouver, BC. To make the store short, I will just point form my stories:

*I live in Edmonton, AB which is 10 hours drive away from Vancouver, BC
*2006 Sept 01. Rented a BMW M5 for 3 days under this company in vancouver, because
*the car rental charge was 800 CAD/day plus 20,000 deposit.
*2006 sept 03. Car returned at the airport, and left my vacation back to Edmonton, AB. Deposit was issued back with a cheque to clear one month after.
*2006 Oct, 20,000 deposit was cleared.
*2007 Apr, the merchant charged 12,000 on my card for no reason.
*2007 Apr, called back to my CC company for prove of my purchase
*2007 May, the merchat provided my bank a "doctored" lease agreemen for 6 month + 3 dayst!
*2007 Aug, I provided my bank the original 3days lease agreement, however they do not believe it. I just got back from my vacation in Asia.
*2008 now, I have heard many fellows in Vancouver who actually lease cars with this company had their cars taken away due to they are not licensed car lease company.
*2008 now, many people had been suing him for this merchant's lease scam, but he had decleared bankerupcy, and nothing is under this owner's name, however, he drives lambo everyday!
*2008 now, my CC bank is going after me for this 12,000 payment, and I do not want to pay it, I have switched my bank to other ones.
*at this point I do not believe there is a point to sue the merchant since he is decleared bankerupcy.

So what should I really do? I am so mad that my CIBC VISA had been treated me like a thief, never had any bad record in my life, but my bank had pined me on this one, I am not making any payment on that 12,000 CAD, because it was not MINE! No one from my bank want to help but getting their money back! I know they will sue me for this charge, and I am going to fight with them till the end!

Any advise? Really really sorry about my story...

Ps, I was paying the min payment, but I have stopped a few month ago, today I just checked my credit report online, its showing 120 days late...

[fjsmith81]

Did he declare bankruptcy or did his company? Because if his company declared bankruptcy you can go after him personally. But first I would suggest to file at the very least a police report because if you have the original lease agreement then you have a fraud case on your hand that can very well set some criminal charges into motion.

[darkz]

I believe he filed bankruptcy, he has about 3 companies under his name which were all closed, and I did file a police report from my edmonton office, it was faxed to vancouver the second day, a week later, vancouver office called me back, they stated it was not their problem due to the small amount of 12,000. I have to file a lawsuit against him in small claim court. I can not believe it...

[fjsmith81]

That is one thing that you should really try to get a definite answer to. I don't know how things are in vancouver but I do know in the states I don't care how much money it is they will go after him. Someone fradulantly signed my credit card and charged like 200 dollars and they charged him. And 12,000 dollars is not a small amount of money to anyone I don't care if you are a millionaire. He committed fraud and forgery moreover. He didn't just steal from you he altered paperwork. And I can't imagine that the police would just say its your problem just deal with it. And like I said the court system may not work like the states but here if you sue him in small claims court a lot of the times the statutory limit is only like 5000 dollars. Call an attorney tomorrow and find out what you options are.
Good luck

[darkz]

Small court claim in vancouver is up to 50,000. I know one thing this guy got away with many lawsuit against was because he was not legally authorized as a car leasing agent, nor his companies. So none of his paperworks were even valid...

Lets say if he is declared bankrupcty, and I sue him for the lost of 12,000. Even if I win. Where can I get the money? Certainly VISA won't stop going after me, they want their payment...

[TheCleaner]

No, you first put together as much documentation about this guy as you can, send it to the bank saying that you are going to sue the guy and the bank if they don't do something.

Inmediatlly without waiting for an answer file suit against the lease guy and the bank and serve them summons. The bank will get back to you. Seems that they are going after you because for some reasson they are unable to charge those 12K back on this guy account.

[darkz]

I had the director of customer relation from CIBC bank called yesterday, the guy is a complete a$$, told me it was my responsibility to know the merchant, it was my responsibility to look after the payment. Of course is my responsibility but only when I approve that transaction!

Is that even reasonable from my bank? CIBC is pretty big bank in Canada here...

[TheCleaner]

No, it is not, they are helping this guy to conmit fraud, just sue them. The same moment he sent that fake contract if you have the original you got'em.

[Iknowalotofstuff]

A debt arising from fraud, false pretenses or fraudulent misrepresentation is not discharged in bankruptcy. See s. 1781(g) of the Bankruptcy and insolvency Act. You can also oppose his discharge from bankruptcy by paying a $50.00 fee. Oppose the discharge of his companies and himself personally. Call the bankruptcy trustee.

[Fr_Chuck]

Where in there have I seen going to the police and filing criminal charges for fraud, Demand the company no longer contact you on the debt until they sue you, and merely prove your case in court. You may also want to consider suing the bank for harassment

[excon]

Hello d:

You are responsible for fraudulent purchases made on your credit card UP TO $50 - NO MORE.

Your argument should be with your credit cards fraud department. THEY should have credited your account for the $12,000 while they investigated your claim. If they didn't do that, I'd sue THEM.

excon

[Iknowalotofstuff]

Civil fraud not criminal fraud. The making of representation that is knowingly false, that intends to deceive and is relied upon meets, on the balance of probability, the civil test in Canada. A debt incurred on this basis is not subject to discharge. The debtor must prove their case in the ordinary civil court after the discharge of the trustee.