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sloppy paperwork by carcap

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  • sloppy paperwork by carcap

    I leased a car through carcap. It broke down after a year and a half. We were given the option to return the car to be sold for auction which then cancel out our debt owing. We agreed, they picked up my car, and advised us that our statements and receipts will arrive via post. We harassed them for about 3months before giving up. A year after, we received a call from trend financial who took over carcap saying we still owed a balance. The new company has incomplete paperwork that states this. We on the other hand didnt receive any paper work until now. Because of the sloppy paperwork by carcap, we are stuck with this bill. What rights do consumers have?

  • #2
    re: sloppy paperwork by carcap

    I wish to inform you that the provisions of Consumer Protection Act, 2002 (CPA) will have jurisdiction in this matter. You may make a written complaint to the leasing company explaining your position. If they do resolve the matter then you may report the matter to Ministry of Consumer Services, Consumer Protection Branch in Toronto by fax or email.

    AFF

    Comment


    • #3
      re: sloppy paperwork by carcap

      Originally posted by Mery21 View Post
      I leased a car through carcap. It broke down after a year and a half. We were given the option to return the car to be sold for auction which then cancel out our debt owing. We agreed, they picked up my car, and advised us that our statements and receipts will arrive via post. We harassed them for about 3months before giving up. A year after, we received a call from trend financial who took over carcap saying we still owed a balance. The new company has incomplete paperwork that states this. We on the other hand didnt receive any paper work until now. Because of the sloppy paperwork by carcap, we are stuck with this bill. What rights do consumers have?
      I'm not sure that you fully understood the situation and what was to happen.

      When you made the alleged agreement to return the car, have it sold at auction, and have your debt wiped out, did you get that IN WRITING? Do you know if the car sold at auction for your total outstanding debt balance, did it sell for less, or did it sell at all?

      As you said, the car had broken down. A nonfunctional vehicle isn't going to sell for the same price as a similar vehicle that works well. In the normal course of business, you would have remained liable for the difference in what the car sold for and your outstanding balance. I suspect that the auction sale didn't result in paying off the unpaid balance, and that what you owe now is that remaining amount plus interest since the car was sold.
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

      Comment


      • #4
        Re: sloppy paperwork by carcap

        Originally posted by sandyclaus View Post
        I'm not sure that you fully understood the situation and what was to happen.

        When you made the alleged agreement to return the car, have it sold at auction, and have your debt wiped out, did you get that IN WRITING? Do you know if the car sold at auction for your total outstanding debt balance, did it sell for less, or did it sell at all?

        As you said, the car had broken down. A nonfunctional vehicle isn't going to sell for the same price as a similar vehicle that works well. In the normal course of business, you would have remained liable for the difference in what the car sold for and your outstanding balance. I suspect that the auction sale didn't result in paying off the unpaid balance, and that what you owe now is that remaining amount plus interest since the car was sold.
        Yes this is a very expensive lesson. It was verbal. I asked for the paperwork. I asked if I should sign something. All they said was it was in the mail. Should the vehicle be sold for more than what I owed, the money will go to carcap and should there be a negative balance from the auction, it would come from my pocket. Carcap called the shots, we complied with their requests because we thought they knew better.

        Comment


        • #5
          Re: sloppy paperwork by carcap

          Originally posted by AFFA View Post
          I wish to inform you that the provisions of Consumer Protection Act, 2002 (CPA) will have jurisdiction in this matter. You may make a written complaint to the leasing company explaining your position. If they do resolve the matter then you may report the matter to Ministry of Consumer Services, Consumer Protection Branch in Toronto by fax or email.

          AFF
          Thank you for the advice. I will contact the Ministry tomorrow.

          Comment


          • #6
            Re: sloppy paperwork by carcap

            Originally posted by Mery21 View Post
            Yes this is a very expensive lesson. It was verbal. I asked for the paperwork. I asked if I should sign something. All they said was it was in the mail. Should the vehicle be sold for more than what I owed, the money will go to carcap and should there be a negative balance from the auction, it would come from my pocket. Carcap called the shots, we complied with their requests because we thought they knew better.
            Unfortunately, anything that was promised, but never put into writing, is pretty much unenforceable. And in your situation, I truly believe that you misunderstood them to be saying you'd be let off the hook entirely with an clean slate. The broken down car would have sold for far less than the retail price if at all. If they miraculously managed to sell it for MORE than the unpaid balance, why would you give that money away if it didn't benefit you to do so?

            All of this would have explained to you in the paperwork you never bothered to chase down.

            Originally posted by Mery21 View Post
            Thank you for the advice. I will contact the Ministry tomorrow.
            You can certainly do that, but you have no basis for a claim against the company. You are being charged for the unpaid balance due when your vehicle was voluntarily repossessed, as is standard procedure. The problem is not that the company did something wrong, but that you did not fully comprehend the consequences of what you chose to do. The Ministry should be able to explain that to you.
            "If it ain't in writing, it never happened."
            "A lack of planning on your part does not constitute an emergency on my part."
            "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

            Comment


            • #7
              Re: sloppy paperwork by carcap

              As Sandy indicated, the issue appears to be sloppy paperwork on your end. You should have obtained this agreement in writing. Otherwise, it looks like a standard "We are going to stop paying our lease, come pickup the car" situation.
              Due to a recent promotion, I should now be referred to as Major Obvious.

              I would not be trying to provide information and knowledge if I did not sympathize.

              Some days it is just not worth chewing through the restraints to face life.

              Comment


              • #8
                Re: sloppy paperwork by carcap

                [QUOTE=sandyclaus;299211]Unfortunately, anything that was promised, but never put into writing, is pretty much unenforceable. And in your situation, I truly believe that you misunderstood them to be saying you'd be let off the hook entirely with an clean slate. The broken down car would have sold for far less than the retail price if at all. If they miraculously managed to sell it for MORE than the unpaid balance, why would you give that money away if it didn't benefit you to do so?

                All of this would have explained to you in the paperwork you never bothered to chase down.

                It was plain english. There was no misunderstanding. Carcap advised us that should the vehicle be sold for more than our owing balance, they would keep the money. Should there be a balance, a statement will be sent via post. Nothing for a year. This was their policy and we agreed. Carcap called the shots, we simply complied with their requests. We attended a small claims court on April 18th. The Judge advised us all that ''no one will act on a deed unless told to do so. Just because it is verbal, does not mean it is not valid. This is a case of 'sloppy paper work' from carcap." This is where I got the "sloppy paper work" from.

                Comment


                • #9
                  Re: sloppy paperwork by carcap

                  Originally posted by Disagreeable View Post
                  As Sandy indicated, the issue appears to be sloppy paperwork on your end. You should have obtained this agreement in writing. Otherwise, it looks like a standard "We are going to stop paying our lease, come pickup the car" situation.
                  Carcap called the shots, we simply complied with their requests. We attended a small claims court on April 18th. The Judge advised us all that ''no one will act on a deed unless told to do so. Just because it is verbal, does not mean it is not valid. This is a case of 'sloppy paper work' from carcap."

                  This is where I got the "sloppy paper work" from.

                  Comment

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