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Welcome to the Consumer Proposals category of the Support Group. Don't want to file bankruptcy? A consumer proposal is an alternative. This is the place for discussions about Consumer Proposals.
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Discussion: Proposal not done right  (Read 410 times)
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« on: November 21, 2011, 10:30:30 PM »
Geoff
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Have to keep this short but will fill in more details or answer any questions later.

I filed a proposal way back in 2005, I thought everything was done right but still to this day I am having issues with it namely with the CRA.

Everything the trustee told me was pretty much wrong and have had issues with anything they told me to do in regards to getting a vehicle etc etc. They even told me I could not include payday loans which I found out that was wrong and had a bad feeling that the proposal was not done right after I filed. I took the trustee to court over the payday loan business and will be going after them for this again due to this recent issue.

In regards to the CRA, they filed a claim which was more than what was owing, i told the trustee this at the time of filing but they told me they have to go by whatever the creditor says! Anyway the trustee negotiated a amount for a settlement of the debt and was told if I paid this amount their would be no further issues with them, even though it was more than what was owing I agreed cause I wanted to get on with my life.

well the trustee I picked was the wrong choice and i have had issues on and off with the CRA trying everything to get the other part of their original claim about every year and a half! which includes recently 3 years after the proposal was discharged! I like other's on here from what I have read, I had creditor's still contacting me after the proposal with CIBC being the worstl

Is there any insolvency lawyers on here by chance? as now the trustee after telling me over and over their is nothing to worry about are now turning their backs on the issue cause CRA are now saying about some new law regarding proposals and they are sending every debtor a letter collecting on past debts due to this new law.

Again I will fill in more details and if anybody has any questions regarding proposals I will try and answer but I am just a regular guy mind you but have been really through the process as you can see.
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« Reply #1 on: January 12, 2012, 03:38:21 PM »
FamJam
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So, are you still getting collection calls even after the proposal? From Cibc? I'm worries now..lol I thought that was supposed to stop.
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« Reply #2 on: January 12, 2012, 09:41:07 PM »
Geoff
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Hi

I wanted to update this a lil more, I don't want to scare anybody of course but I want to make people aware.

I am going to say the company, if that's a no no than sorry, but again people need to know.

I dealt with A Farber and partners here in Ontario Canada, they basically just took my money and told me lies.

1st oh geez don't even get me started about cibc, I still got collection calls and mail form pretty much everyone after I filed the proposal, some did stop after I told them about the proposal but nobody cares about following the laws nowadays I am afraid. I had to go right into cibc and tell them I closed the account already and it is under proposal as they were still trying to charge interest, I am so glad I got rid of cibc, worst bank ever!

Right now I am still dealing with the canada revenue agency and the trustee had to negotiate a sum and terms so they would accept the proposal which they did, unfortunately the trustee did not tell me of a important term even after I asked them numerous times if this was a final amount with them. I went to a lawyer just before Christmas( which I had to pay a fee just to talk to him) and he said right out of the gate trustee's don't give a crap, they are not getting paid much from you cause well your already broke and the employee is most likely a middle aged woman making maybe 15 bucks a hour( which he was bang on,lol).

The lawyer says I can pursue this issue against the cra as they are just bullying people into paying money, but that is going to cost mega money, so right now I sent the cra a letter this week to settle again on my terms and I will be pursuing the trustee in court yet again( I already had to take them to court once for not letting me include creditors that should have been included, they told me to go pay them off Shocked at time of filing. I got the standard answer nowadays from the lawyer, just pay them what they are asking to get them off your back as it is going to cost more to fight them than what they want from you.

So cause of these 2 massive mistakes they made, there was not much point of me filing as the 2 biggest things I needed to be in the proposal and resolved by proposal they screwed me on.

If anyone is thinking of filing a proposal I can give you this advice, go see more than 1 trustee and ask questions to see if you get the same answers and who you feel more comfortable with, research the trustee you are going to visit and make sure they are licensed( don't really make a difference of they are cause nothing will be done anyway if they do something wrong but still.).

Research all the insolvency laws and try to learn as much as you can about the process before seeing any trustee, you will be better prepared and know if the trustee is bulls!@@ing you.

Get EVERYTHING in writing, a proposal is a legally binding contract so make sure all terms and what was discussed with the creditors is in writing!.

I tried to do some of the above and I still got burnt.

As of January 20th, the proposal comes off my credit report, so hopefully the score will go up, all I have is a credit card right now with my bank which is up to date, never missed a payment and just got approved for a higher credit limit.

I wish anyone going through the proposal process best of luck to get through it and hopefully you have no problems with it and enjoy the day when you get your certificate of completion and like me in just mere days, wiped off your credit report. Smiley
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