***Consumer Proposal - Urgent help needed by a Lawyer!***

[Dean 'MF' Jones]

I signed on to a consumer proposal with a Trustee in Toronto in July 2012. For much of the time I've been in good standing. A few bumps in the road with payments made monthly for $200 but ok for the most part. The consumer proposal 'was' supposed to be completed this past Friday, October 24, 2014. However I forgot to update my new banking info for the Trustee this month. Actually last month a payment was made to the Trustee (Automatic withdrawal) on the 24th. I had moved and therefore wanted to change my chequing account since the old landlord had post dated cheques. So for security reasons opened up a new chequing account with the same bank being TD. So this past Friday, I had checked my bank account yo be sure the Trustee had withdrawn the final payment for the consumer proposal. I then realized that the funds had not been debited due to the new bank account. I couldn't believe how I forgot to provide the new bank info and the thought of the consumer proposal being annulled is sickening considering this is the final payment!

On Saturday the 25th I went to TD to find out what I could do if the payment could still be made somehow. The bank manager said the a Trustee will receive notice the account was closed not NSF. Well, I didn't know what I could do at this point. I drove to the Trustee's office on Saturday hoping to leave a post dated cheque with the new account and a note to explain why the old account was closed. The building was locked up but a business tenant let me in. I left a cheque dated the 24th along with a TD debit form and a brief not to explain. The Trustee would not know I dropped this info off on Saturday because the building is locked up on weekends.

Do I have a case against the Trustee if they annual the Consumer Proposal since the new cheque has the 24th on it? Again, I could say I dropped off the cheque just after the office was closed.

In any event, if a Lawyer here has any suggestions or how I can hire a Lawyer to help me it's much appreciated. I'm hoping the Trustee can take this error in to consideration since it's the very LAST payment that's due.

Please help?!?!? A private message is welcomed thank you!

 

[SchlongConery]

If your story is exactly what you say it is, that being that your last payment due on the 24th was late by a few days for administrative reasons, you'll be just fine.

 

[fuji]

Don't hire a lawyer until you hear what the Trustee does. Unless the Trustee is a real jerk, I think they will accept your attempts to pay. Contact them ASAP in the morning. They may be reasonable about it.

 

[thumper18474]

You get 2 chances at missing a payment
since it's your very last payment and assuming you haven't missed any others you'll be fine

 

[katsrin]

I'm no expert, but this link suggests you need to miss at least 3 payments before it would be annulled.

http://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/br02051.html

"f you are making monthly payments and miss three payments, or if your payment schedule is less frequent but your last payment is more than three months past due, the proposal will be deemed annulled."

[I see someone beat me to it ... well, I contributed the link anyway.]

 

[nobody123]

Not a lawyer and don't play one on TV, but methinks the trustees/your creditors aren't interested in forcing you to default (or whatever the hell it's called in the case of a consumer proposal). Bet you'll be fine. Stop panicking. Have a scotch. Call them in the morning.

 

[Dean 'MF' Jones]

Thanks so far. Yes, unfortunately this is the third missed payment over the two year span. But in this case it was not purposely missed. I forgot to provide the new banking info. It wasn't an NSF issue but account closed. October 24th was the last payment of the proposal that's the frustrating part. I wouldn't want two years of payments to go down the drain. I left the new banking info with a cheque on Saturday placed it through the mail slot so that the Trustee would see the envelope Monday morning. Would they be so cruel to ignore this even on the final payment of the proposal. This is why I may need a Lawyer to see what options I have. I didn't purposely miss my last payment.

Any Lawyers help me out? Two years of payments to come down to this mishap is frustrating. Thanks.

 

[thumper18474]

You will probably have to meet them and explain it in person
Don't sweat it..all the creditors save maybe 1 will have been paid out anyways
the trustee wouldn't get notified by the bank of the NSF until Monday anyways and as you have stated they would have seen your check on the floor in their office yesterday (Monday)
The only thing you might be on the hook for is any charges THEIR bank may levy against them
40 bucks ..tops!
Chill out its no biggie

 

[Dean 'MF' Jones]

You will probably have to meet them and explain it in person
Don't sweat it..all the creditors save maybe 1 will have been paid out anyways
the trustee wouldn't get notified by the bank of the NSF until Monday anyways and as you have stated they would have seen your check on the floor in their office yesterday (Monday)
The only thing you might be on the hook for is any charges THEIR bank may levy against them
40 bucks ..tops!
Chill out its no biggie

I'm just concerned because this is the third incident in two years. Although this is under different circumstances I hope the Trustee is understanding since it's the last payment. I didn't know that about the creditors. The Trustee has yet to withdraw the funds from my chequing account so that worries me. Although I'm sure they have many clients and the bank notice hadn't arrived until late yesterday. I just don't want this annulled. Thanks!

 

[fuji]

You posted at 10:17AM, haven't you already spoken with them?

 

[Dean 'MF' Jones]

I wanted to thank everyone for their advice and suggestions. Seems as though when I contacted a Bankruptcy Analyst
with the Office of the Superintendent of Bankruptcy Canada, they contacted the Trustee. An explanation was given by the Analyst and the Trustee did not take too kindly about being contacted by the OSB. Oh well, I was getting help unless the Trustee were to annul the proposal. The Trustee said the check they received would be deposited this week and the certificate for completion of the proposal will be sent in due course. Wow that was close!

 

[fuji]

I don't get why you didn't just call the trustee first thing in the morning, you create your own problems.

Trying to find a lawyer, escalating when there is actually no problem at all. Makes no sense.

 

[thumper18474]

The term
making a mountain out of a mole hill
comes to mind

Glad it all worked out
now take your first 200 and go get laid