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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96432
Experience:  Lawyer
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I have an uncle infirmed who just had his drivers licence

Customer Question

I have an uncle infirmed who just had his drivers licence revoke due to cognative ability. He is in hospital care until a vacancy is available at low income seniors lodge. He bought a car from dealership one day in Feb 2015 of which dealer financing was secured. The registration expires end of October and I need this vehicle seized from Scotia dealer finance.
JA: What state are you in? It matters because laws vary by location.
Customer: Calgary alberta
JA: Has anything been filed or reported?
Customer: Not yet I need to take the now enacted enduring poa into scotianbank to resgister so they will talk to me. The care a 2015 with 3500kms, has a 29000.00 outstanding loan of which when he goes into lodge cannot pay for loan or incurance
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to know if I call scotia, tell them he is infirmed, no dl any longer and cannot afford to even keep insurance on car, will they come and get it with no further obligation?
Submitted: 1 month ago.
Category: Canada Law
Expert:  Legal Ease replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 month ago.

Do you know if this is a conditional sales contract?

Customer: replied 1 month ago.
I have the contract with me for the dealership sale and dealer financing. Where do I look
Customer: replied 1 month ago.
Call me on work line(###) ###-#### my cell no service in this building
Expert:  Legal Ease replied 1 month ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

Look at the top of the contract for financing.

Customer: replied 1 month ago.
Thank you I'll try a Canadian lawyer
Expert:  Legal Ease replied 1 month ago.

I am a Canadian lawyer!

Expert:  Legal Ease replied 1 month ago.

It is because I am a Canadian lawyer that I cannot take your call.

In Canada we cannot do that.

In the US it seems that this is OK so the site offers it.

Sorry about the confusion.

Expert:  Legal Ease replied 1 month ago.

Look at the top of the contract for financing.

Customer: replied 1 month ago.
I see only "Credit Agreement" nothing "conditional"
Expert:  Legal Ease replied 1 month ago.

That's unfortunate. If this was a conditional sales contract they could either seize the car or sue your uncle but not both.

But as this is not they can seize the car and sue your uncle for the difference that they are still owed and it will be substantial as they will be owed all the financing payments as well as all the costs to seize and sell the car.

They will not care that he is now incompetent.

So they will come and seize the car but then will sue your uncle.

If your uncle has no assets at all you can tell them that and perhaps they will give up.

If not you may need to consider declaring bankruptcy for your uncle.

But if he does have assets then he may be sued and they will seek to enforce the judgment against his assets or income etc. They cannot garnish retirement pensions.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 month ago.
It's a crime. A 71 yr senior ( 24K income) decides one day in FEB 2015 to shop for a car as the one he has he is told will cost big dollars to repair. He hobbles into a Hyundai dealership and in one day buys a 2015 Tuscon with "add ins" including 3 different protection plans , extended warranty, ETCH, security pkg, all adding in another 6,000. to total $35606. He has been bankrupt 3 times in his life and has NOTHING. By JUNE 2015 he falls and is hospitalized until November 2015. In June 2016 he falls again and now no licence to even drive the car as declared by medical doctor. Dealerships that sell to low income seniors that barely walk should be held accountable.
I was told to call Scotia, tell them the situation, and that he cannot afford insurance on the car any longer as the Alberta Low income Seniors lodging takes % of income leaving small amount for personal care items etc. Registration expires Oct 31st as well. If they come get it, that I do not deliver it all should be done. Sound right?
Customer: replied 1 month ago.
I have no issues bankrupting him. I also read in contract under "who is bound by this agreement" that The agreement is binding on all parties to it, and also on their legal or personal representatives as well as anyone else to whom the agreement is transferred. I just had the doctor declare incompetent for the enduring POA to enact. They can't come for me can they?
He is my uncle not a parent, he has no immediate family.
Customer: replied 1 month ago.
Except his sister, my mom whom he lived with past 20 yrs, she is also low income senior
Customer: replied 1 month ago.
I also question how they approved him, he can easily be guided and manipulated.
Expert:  Legal Ease replied 1 month ago.

No one can come after you.

But what they can do is come after his estate if he dies and that is what they are talking about.

You can tell them to sue him and good luck with it. Make it clear that he is judgment proof and offer to prove it if they want.

Customer: replied 1 month ago.
I'm assuming "judgement proof" means a client with no assets.
Thank you very much for your time today.
Expert:  Legal Ease replied 1 month ago.

Yes it does. Sorry I should have explained.

There is no point in suing when a judgment cannot be enforced.

Put it plainly to them. This is an old, sick man who has nothing. He will be in a home until he dies and good luck if they want to sue.

Expert:  Legal Ease replied 1 month ago.

Is there anything more I can help you with at this point in time?

Customer: replied 1 month ago.
I have appointment with bank to present EPOA, and will then contact the dealer financing of Scotia to announce the surrender.
I believe I have all the information I need...except are you in Calgary and would you be accessible via a call if I run into trouble?
Otherwise,
Thank you for you help
Expert:  Legal Ease replied 1 month ago.

I am not in Calgary but in any event, I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

Please let me know what happens but also please rate me now. The site will not release my portion of what you paid them to me until they get a positive rating from you.

Thanks and good luck.

Expert:  Legal Ease replied 1 month ago.

Is there anything more I can help you with at this point in time?

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