Personal Bankruptcy Forum


Author:   scorsar
Date:   September 9, 2002
Question:  

My wife and I financed a car 18 months ago, and in January of last year we consolidated 2 other loans onto the same debt because we found we could not make the payments. The loan remains at 18000 to date, although the car is worth 10000. In February due to health reasons we were went on the OPD program with the unsecured debt we had, about 7000 dollars. My wife is expecting in a month, and we have to trim our expenses. Our credit counsellor suggested selling the car and adding the deficiency (10000) onto the opd program. Our bank is not willing to do this and point blank told me that we have no other options but to keep paying the loan. We have not missed any payments in 8 months. Is there anything we can do to convince them to allow us to put it onto the OPD program? The bank told me that because we did not opt to sell the car when we originally went on the OPD program, that now it is to late. Our only other options is working an extra job full time, or bankruptcy. What can we do?

 


From:
 

Ann Clarke, Collins Barrow Limited
Date:   September 9, 2002
Answer:   My first suggestion is to talk to your OPD counsellor to see if they can help you negotiate with the bank. If you sell the car and immediately turn the sale proceeds over to the bank I'm not sure why the deficiency couldn't be included in the OPD order. Sometimes individual bankers take a hardline position that isn't always correct.

If the OPD payment becomes too much for you, bankruptcy is still an option. In a bankruptcy the bank will definitely take back the car and the deficiency will be included.

Ann Clarke
phone: (403) 296-2972
aclarke@moneyhelp.ca




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