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07-12-2010, 03:26 PM
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#1
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2nd Gear Member
Join Date: Sep 2009
Location: Toronto
Posts: 184
Car: 1997 328i
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MTO title experts please help
So the story is: my grandma's old car a 1994 plymouth sundance hasn't been roadworthy in years so my dad called a junkyard for her to take the car away. They came by and took the car, but she accidentally gave them the title to her current car, a 1998 voyageur. She never realized until now when she had to get her sticker renewed, they told her the car is now scrapped and they she's out of luck. Obviously the car isn't scrapped because it's sitting right there in her driveway. She didn't tell me exactly how it was branded (salvage or irreparable), but I guess if it's branded irreparable there's nothing I can do using normal procedures.
First of all, whose fault is it that the wrong title got taken? Isn't the junkyard supposed to check whether or not the title actually belongs to the car in question?
Second, is there anything we can do to prove tot he MTO that there was a mistake and that the car in question is actually still roadworthy?
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07-12-2010, 03:31 PM
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#2
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4th Gear Member
Join Date: Jul 2009
Location: Durham Region
Posts: 864
Car: '98 328ic
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I'd call the junker and see if they have anything to say advice wise. It must have happened to them before.
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07-12-2010, 03:42 PM
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#3
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2nd Gear Member
Join Date: Sep 2009
Location: Toronto
Posts: 184
Car: 1997 328i
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My dad called and they were being uncooperative, but I'll try calling them myself to see if I can get anywhere.
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07-13-2010, 03:08 PM
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#4
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2nd Gear Member
Join Date: Jun 2010
Location: Markham
Posts: 229
Car: 3Series
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At the junkyard, the car probably went into the yard, and the paperwork went to the office. All the clerk will do is register the car as "Salvage" or possibly Irreparable based on papework.
so, the fault is probably providing the wrong ownership.
If it is Salvage, you could get it inspected (structural check).... there is a process of putting salvage cars back on the road...
The 1998 van is worth $1500 - sell it for $800 as is, no title.
or at this point, I'd probably drive it with an expired plate until the police stops you and then sell it for parts.
Try a different MTO office.. there are a lot of stupid people working there.
Someone might give you some tips.
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07-13-2010, 03:34 PM
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#5
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6th Gear Member
Join Date: Nov 2008
Location: Oakville / Mississauga
Posts: 1,592
Car: BMW
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if ownership is lost you can have it replaced for $10 - there is a form you need to fill up.
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07-13-2010, 08:42 PM
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#6
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2nd Gear Member
Join Date: Jun 2010
Location: Markham
Posts: 229
Car: 3Series
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Yes, they can get a new ownership..... but the Vin for the 1998 Voyageur was provided with the 1994 Sundance scrap car.
They have reported this VIN as now "Salvaged"....
if the car has a salvaged title, you can probably have it classified rebuilt after an inspection....
pay the $10 to get the ownership again... also get the ministry package to see where you stand....
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07-29-2010, 07:20 PM
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#7
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2nd Gear Member
Join Date: Sep 2009
Location: Toronto
Posts: 184
Car: 1997 328i
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We had the car towed away, so I would think it's the tow truck driver's fault for not checking. Is it more likely to be branded salvage or irreparable? And wouldn't the junkyard transfer the ownership to them, making getting the title back impossible for us?
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07-29-2010, 08:10 PM
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#8
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JUICY J CAN'T
Join Date: Jun 2004
Location: T.
Posts: 16,965
Car: S54 titties
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dude, go to the ministry, act like nothing happened, say you lost the title, and ask for a replacement. Most likely that will work with no further complications.
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07-29-2010, 11:16 PM
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#9
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4th Gear Member
Join Date: Nov 2009
Location: Bowmanville On Canada
Posts: 771
Car: 95 325i 4 door
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doesnt work like that, wreckers have to register the vin numbers from the cars they recieve so the ministry knows what cars are scrapped. so those numbers are not used for theft purposes. so the voyager is considered crushed or destroyed. basically doesnt exist. you have to get the scrap yard to write a letter stating that there was a mix up and you have to go through a bunch of paperwork. plus cert and replate the van just to get it legal again.
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07-29-2010, 11:47 PM
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#10
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JUICY J CAN'T
Join Date: Jun 2004
Location: T.
Posts: 16,965
Car: S54 titties
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yeah, they gotta write it, but do they report it? Its worth 10 minutes of time, and, it might be over before you know it.
edit: if he didn't sign the ownership before he gave it to them, technically they wouldn't even have right to salvage the car.
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