Thank You Footloose,

We figured we would have to speak with a lawyer that knows the laws and can help us. Thank you for the advice of who to call about this matter.We have been trying to research the laws of repossession online and everything we have read indicates they broke a ton of laws but we aren't sure how true these laws are!!

This matter is too involved and complicated to be dealt with on this forum. You are seeking pro bono ( free ) legal advice on a complex matter which is beyond the scope of this website. My suggestion to you is to contact the Law Society of Upper Canada and ask for Lawyer Referral Service and tell them that you are seeking a litigation lawyer or one who is familiar with repossession matters. They will provide the names and phone numbers of 2 - 3 lawyers who practice in your residential area. The lawyer will provide 1/2 hour of free consultation and advice regarding your situation. After the consultation, you can decide how you wish to proceed. The lawyers who are registered with the Lawyer Referral Service agree to provide this free consultation as a means of obtaining clients for their practice. It acts as a form of advertising.

Last thursday I had my truck repossessed due to not paying on a loan for a repair I had done. All of my truck payments are up to date so this has nothing to do with not paying for my truck. We missed a payment back in October of 2010. I received a notice from the company on November 1st indicating that my account was delinquent. I called them the next day as the notice was delivered after their business hours. I worked out an arrangement to pay the full amount owing on the loan in the middle of November. I did not receive the cheque I was waiting for therefore could not pay the amount on the date I had agreed to. I called them again in December and apologized for not paying the amount when agreed. I spoke with them and explained my situation with my cheque not coming and told them as soon as I received it I would pay the full amount. They verbally agreed on the phone that I needed to call them when I received the cheque to arrange for payment. On Thursday of last week a man showed up with the same notice I received back in November and told me he was taking my truck. I asked him for his business card so that I knew what company he was representing for repossession. He became very irate with me and told me I didn't need to know that information. I asked if I could have some time to remove my personal possessions from the vehicle and he told me no I couldn't remove anything and he was taking the vehicle immediately. While the tow truck was hooking my truck up I was able to at least grab my sons very expensive baseball equipment at which time this man swore at me and told me to get away from the truck. At this point my husband became very irate at the way this man was treating me and told him to get off our property which he refused to do. I called the company the next day to arrange for payment to get my truck back at which time he told me how much it would be. It was $1000 more than what was owing on the truck. Clearly I screwed up and I needed to pay the penalty for that screw up. I went to the bank and had a bank draft issued for the amount the company told me it would be to get my truck back. I tried calling and received no response. Left messages that went unanswered. This went on until Wednesday of this week when I received a call from and Ford Lot wondering why my truck was there and if I didn't come and get it they would have it towed off of their lot and impounded. Now I'm panicking because I know I can't go and get it due to the repossession until I gave them the bank draft. At this point I called the police because something didn't seem right. They called the tow truck company and found out the "bailiff" told him to take it there as they needed to get a key cut for it. They claimed that I refused to give them my keys. This man never asked me for my keys. I finally got a hold of the company after this at which time they told me I know had to pay for the cutting of the keys and I told them that I would meet someone there to hand over the bank draft so the keys didn't need to be cut. He told me he would call me back. I never received that call and when I tried to call back I got no answer so I left a message. No response. I then called this morning to speak with them about getting my truck back. At this time he told me that I had to pay for the key to be cut as well as 1 day of storage. I clearly wanted my truck back so I went back to the bank and had another bank draft issued for the difference which was another $300. I told them I would call them as soon as I had the bank draft in my hand. I tried for over 2 hours to get a hold of them. I finally left a message telling them that if they didn't return my call within 10 minutes I would call the police and report my truck as stolen. They finally called me back after this and told me to meet them at the Flying V which is a restaurant/gas bar right off the highway. When we arrived my truck was extremely cold and had not been driven for several hours at least due to the ice on the windshield. The inside of my truck had dirt everywhere on the doors which the guy said happened at the Ford lot and had to have been done by the mechanic. My gas tank was on complete empty when it had 1/2 a tank when they took it. We took pictures of everything including my gas tank being on empty. My husband asked him if he was a bailiff and he said no so he misrepresented himself to the tow truck company. We also went to the address that was listed on their letter and this address did not exist. There was no office located there. My truck was left on 2 lots with no authorization to be there and I was charged for storage. I was told that my truck would be in a secure location. My personal belongings were in my truck and never was it put in a secure location. What recourse do I have?? To me none of this seemed legal and I payed for storage and key cutting when there was no need. I wanted my truck back so I had no choice. They also drove it enough to go through a 1/2 a tank of gas. What can I do?? Again I know I screwed up and I was willing to pay the penalty for that screw up but this seemed wrong in so many ways!!! Do I have any legal recourse?? Please help!!