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Please Help! huge insurence corp after me

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  • Please Help! huge insurence corp after me

    I relize this is the wrong forum so forgive me, but the more appropriate ones seem very inactive and I really need someone who knows legal matters to read this so here goes, thank you in advance for reading this

    Okay here is the story, I will try to recall all the detail and events as possible and hopefully some law student/professor/lawyer supreme court judge =)reading this can give me some feedback.

    From the age of 16-19 (about 6-7 years ago) I racked up a lot of motor vehicle fines, such as speeding tickets and missed insurence payments for a total of about 3000 canadian dollars. I relize now, how crazy and irresponisble i was, but I have grown up since then. I currently go to college and I plan to move to tiawan to learn mandarin chinese, then return to canada to become a police officer, but that is beside the point, lets continue on with the story

    My license eventually expired and the only way I could ever drive again was to pay off the fines, which i couldnt afford to pay at the time. So here i was with a car that i couldnt drive, however I had a very close friend who did drive but didnt have a car. After some talk between him and I, I decided i would sell the car temporarly to him, until the day came that I could pay off my fee's, then under our agreement he would sell the car back to me for the same amount that I sold it to him.

    Well about a year later that day came. I called up my friend and told him i was able to get a loan from my bank to pay my fee's so you can sell me my car back.

    Him and I met at the insurence place to do the transfer. The car was transfered back into my name but when i went to insure it, Cristine the insurence lady from ICBC said "So sorry, I cant insure your car because your friend has 800dollars in outstanding fees which will need to be paid."

    Now the thing with banks is they protect their investments, they would not give me the loan unless I agreed to insure and keep my car insured, or else my bank would consider it to high risk (because the bank used my car as collateral for the 3000 dollars, so if anything happened to the car and i stopped paying my payments, they would lose out) So Cristine from ICBC said "oh really?? Well tell your bank to fax their rule regarding that and I'll see" So i go back to the bank and tell them, they fax it and i go back to ICBC. After seeing the fax, Cristine agreed. She said she would cancel my friend license until the 800dollars were paid and my friend surrendered his license and that was that.

    Everything was fine for about 2years. Many things had changed however. My friend became a drug addict and started to get really, really wierd (wierd as in he started to think he was a chick, wearing girl cloths, even gave himself a new girl name, really believing he was infact, a women??) On top of all his problems he dropped out of school and couldnt hold a job longer then a month. I tried my hardest to help him out of his rut, but he just didnt seem to want to improve his life and while i tried to accept his issues, they were just to much for me to handle and I couldnt be his friend anyway while he did drugs excessively (considering i'm going to be a police officer in a couple years they frown about associating with those types of people). So we went our seperate ways about a year ago and I havent talked or heard about him since.

    Until today. I went to renew my insurence and apperently they say the car has a 1800 dollar dept on it from unpaid fines (the fines my friend had from way back then have moer then doubled) I tried to explain to them that all parties involved including ICBC had an agreement that my friend would surrender his license and in doing so, I would be allowed to insure my vehicle. They said "Sorry there is a fine on the car and we can't let you insure the car"

    I replied "So how did I insure it 3months ago?"

    She said "oh you did??? Hang on"

    I waited about 5minutes until she finally came back to which she replied "I just noticed the problem thats why!"

    To which i said "You just noticed the problem? ICBC has known about this for 3years now, i dealt with this with you guys 3 years ago!, I have been driving the speed limit, paying all my fees/insurence flawlessly for years, where is Christine, the lady I had orginally dealt with?"

    She replied "She doesnt work here, she replied "regardless there is a debt on the vehicle and it needs to be paid before you can insure it"

    I then got her managers number and of course he wasnt there so nothing could be done then. I ended up missing my classes and I was suppose to attend a trial for one of my other law class's which i missed and overall i have had a horrible day

    Now i think this is total BS, the fees my friend got so long ago were his own doing. I wasnt even aware he got traffic fines until the day I bought the car back. So here is a short list

    1. ICBC, my friend, the bank and I all came to an agreement, my friend would take the fee's (800 dollars) and surrender his license and I would be allowed to insure my vehicle and by doing so the bank would consider the 3000 dollars a safe investment and send ICBC the 3000 dollars I owe, and I would pay the bank back over the next year.

    2 3years later, Cristine from ICBC is gone and now ICBC wants to make me responsible for the money my friend owes.

    3. This money he owes has more then doubled since then, from 800 to about 1800. Had I known ICBC would go against our agreement and hold me responsible for it, I would have paid it then, rather then 3-4 years later for moer then double the amount

    4. I havent spoken to this friend in over a year, I dunno if he's alive or dead or even what part of canada he is in.

    Thank you for taking the time to read this. I will be talking to my law professors on monday to see if I can get some bonus marks for doing a little outside project, where I take this guys to court (pending if the manager doesnt clear everything up)

    So my question is.. Do i have a case or am i SoL ?

  • #2
    Sounds like only an attorney can truly advise you.

    Can you insure the car with full liability with the debts owed, or not at all?


    • #3
      I can not insure my car at all, which means I can not drive it at all. I live about 15miles away from my college and it requires 3 different buses which takes approx 1.5 hours of commuting each way. These recent events have defintily put my life on a rollercoaster ride and at a time that I should be really consentrating on school but there isn't much I can do. The fines have a 30% intrest rate and I fear if they get any higher, the insurence company just might repo my car which i just recently spent 7000 dollars to fix up to be in mint condition (this was before i knew ICBC would break their agreement and slap me with the previous owners bill)

      I do know that contracts/agreements are legally binding, even if they are verbal. The bank statement showing its regulations regarding insurance on vehicles and the mere fact I have been insuring my car for the past 2 years should be evidence enough that we had an agreement.

      I'm currently taking a law course right now at a local college and while it deals more with criminal matters it does cover some topics on civil/private courts and laws. So I've deciding to use this new problem (the broken contract) to my advantage and learn about the courts first hand. I have spent the last few days gathering any document that I feel may be relevant to the case such as all the repairs i;ve done since I bought the car back showing that it wasnt worth all that much and the bank regulations stating the vehicle must be insured. I also want to get Christines contact information as well as the ICBC file the shows the insurance company prematurely canceled my old friends license in response to allowing me to insure my car, however I dont think i'll be allowed access to that information.

      Tommorow i'm going down to the courthouse to inquire about a "writ of summons" and exactly what offenses (if any) the company has commited. Hopefully they can help cause I have to do this without a lawyer. I feel my toughest challenge will be getting access to the informationon and filing any legal document correctly

      Thanks for your reply


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