Consumer Proposal was filed without my consent

July 30th, 2014 by Questions

Hi,

Recently I got a call from my Car Financing Company stating that they have received a consumer proposal request from a company/trustee with my name and VIN.

FYI, I paying all my car loan on time and I haven’t engaged any trustee/company.

Is this possible? What should I do now?

Posted from: Ontario

Questions

One Response to “Consumer Proposal was filed without my consent”


July 30, 2014 at 1:19 pm, Doug Stuive, CA | Trustee | CIRP said:

Filing a consumer proposal is a legal proceeding that cannot be completed unless you attend at the office of a licensed trustee and sign the appropriate paperwork. The trustee will also request copies of your identification. Consumer proposals also require a regular monthly payment obligation so there is no incentive for someone to try to file a proposal in your name.

More than likely this is a case where the consumer proposal debtor and you have the same or a very similar name. The trustee may have completed a search to see if there were any assets registered against the name of their debtor. If your names are the same, it may be that they mistakenly assumed that your vehicle loan belongs to their debtor.

To clear this up you would need to get in touch with the administrator of the consumer proposal that made the request to your car company. They should be able to share that information with you. Explain what you think has happened. If they complete a new specific search using the date of birth of their client your car should not come up on the search. You can also ask the car finance company to verify more detailed information on the account to see if there are any discrepancies. Chances are the date of birth for the person that filed the proposal is different than your date of birth.

If this does not seem to rectify the situation, you may also wish to contact the Superintendent of Bankruptcy to see if they have information on a consumer proposal filing that matches your information. If there is something filed in error they can assist you in correcting it.

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