Yea I did deal with TD for a while, but they weren't happy with what I could afford, even though a few times I paid more than expected.

I already called them and said I am willing to pay around 250 every month. So, I will just see what happens next. Thank for letting me know what to look out for.

Hey, don't worry; just settle for 10 cents on the dollar like "average joe" says. .........Sorry, I couldn't resist.

Actually, if you owe a bank, the TD is a probably one of the more tolerant or less nasty among them. It would have been with their internal recovery department for at least 3 months before getting assigned to a third party agency like TCR. Previously, TD used to sell off their lines of credit to PMS/Aktiv Kapital if recovery didn't appear imminent or viable.

Since the amount outstanding is $15K, it makes everyone's position a little tentative. Everyone that is except for TCR. You can be sure TCR would sue in a heartbeat for that amount if they had TD's permission. Hell, they'd sue their own mothers for a nickel (plus post judgment interest and legal costs.)

$15K used to be around the limit they would sue for. In fact, one internal recovery employee opined it might be as high as $20K - but that was 4 years ago. However, times change and so do internal policies. It also depends on how much assets and income you have. If you have only a nominal income and not much equity in real property, then the prospect of a payment order of $50 a month hardly makes suing worthwhile. Better to write the debt off for tax benefits.

That's according to TD's view. Left to their own devices, TCR would sue a guy living in the missions if they could. You really should look at the Sept.10, 2008 article from Ruth E. Hall to get a glimpse of how nasty they are. (Deanna Natale was their lawyer until she stomped out the Christmas before last. The current lawyer is Eli Seth Antel, but the "Merchant of Venice" philosphy remains the same).

Having said that, the Ontario Small Claims Court limit is $10K. To get more, they'll have to take you to Ontario Superior Court at 393 University Ave. For amounts between $10K and $50K, they go through what's called the "simplified procedure."

http://cfcj-fcjc.org/inventory/reform.php?id=11

It's simple and cheap compared to the "discovery" process in claims over $50K, but only relatively so. As you can see from the above link, there's still a pretrial conference. If TD decided it wasn't worth going through all that, they would have to settle for the $10K limit in Small Claims Court.

You need to determine what you will be able to afford to decide how you should meet this crisis.

If you can pay $150 or $200 a month, you should call TD's Recovery Dept. at 1-888-453-0334 and let them know what amount you are willing to remit. Yes, they'll say you have to deal with the collection agency, but since TD is the one governing what tactics the collection agency will use, it's important TD, itself is aware of what you can afford. It might well prevent TCR from suing you if TD feels what you are offering will be more than a court action payment order will likely yield. Or TD might choose not to sue anyway even if you don't pay and, instead, rotate it to other third party collection agents. I don't have a crystal ball.

Ray

Depending on your circumstances, it's also possible the bank might choose to sell off the debt if they feel recovery is not likely to occur soon.

To clarify: my loan is about 15 000 for a line of credit from TD, which at this point is racking up interest. I have paid here and there, but not enough, it went to TCR only about a month ago, maybe not even, but about a week later, AFTER leaving a message at TCR and trying to contact them about a payment schedule (without them calling me back of course, and now they are denying I tried to reach them) some Nazi "lawyer" is calling me and saying to pay up.

From what you mentioned above 10K it should go to the University location, that's if it does. At this point I sort of hope they do as I can probably get a fairer deal from the judge.

It honestly seems that TD really up on this one. if anyone saw the doc "Maxed Out" a lot of banks, esp. in the US are now bargaining off their unpaid accts to the highest bidder!

Oh and they are bluffing on contacting payroll, I'm pretty sure they have the wrong employer info from me.

"If you pay them out of a bank account, make sure it's not a regular account but preferably at a different bank, not just a different branch. Money orders might be best; however, credit card payments to these bottom feeders is asking for trouble."

Ray,

I follow your logic on this one - those bastards will rack up whatever they can. What I'm curious about ["again"] is: If there's a contract in place before the CC payment is withdrawn, then wouldn't any over-allotment (charge) be considered theft - and thus punishable by law?

I know if I had an outstanding debt of say, two-thousand dollars, and obtained a written contract from some debt-terrorist agency which indicated that they would charge my CC for 2g's, then I discover that they charged $2500.00 (or whatever), I'd be calling the police and doing every thing in my power to ensure that these people wind up in court (and [hopefully] behind bars).

Is that on the same page as you were thinking, or, were you thinking along the lines of owing say $2000.00, but agreeing on 2 payments of $1000.00 – only to discover that a charge for $2000.00 in one shot was applied?

O.C.

I have no idea of what "slitchak's" loan involves. All that's been said is that one of Krieser's financial Nazi's is embarassing and blackmailing her for payment by haranguing her payroll dept and one of Christian Briet's/Eli Antel's lackeys is vowing a lawsuit.

Impossible to know if they are bluffing; but what should be really feared is them trying to sneek through a default judgment by falsifying affidavits (sworn statements) that the court documents were served properly. In Ontario, they can be sent out by general mail, deliberately to a wrong address. Then the defendant never has a chance to provide a statement of defence or obtain a pretrial conference.

Ontario Small Claims Court judgments are good for up to $10K plus interest. If it's for more, it has to go to Superior Court, 10th floor, 393 University Ave. (if it's in Torornto).

Getting a judgment through the proper channels takes a lot of time and judges generally grant lenient terms geared to the financial circumstances of the debtor on payment orders.

Unless TCR is willing to negotiate some kind of a discounted settlement, I fail to see what the rush is about. If they want to sue, Briet and his lackeys know where the court house is. If a debtor defends a claim, they are guaranteed a professional unbiased mediation process; something alien to TCR.

TCR works on all the latest psychological scare techniques. Desiring the path of least resistance, they try to terrorize and bully debtors into complying without resistance. The same method Deanna Natale used when she was with them, she uses now with Global. See thread # 457, Sept. 10, 2008 post by Ruth E. Hall for a graphic example.

If you wish to pay them, watch out! Any agreement, they will likely disavow later in order to add on illegal interest and costs. Hardly surprising why they refuse to issue proper accounting statements. Sending them money without a carefully drawn up legal agreement seems pure folly. They don't pay attention to the law because they know Brian Pitkin and Consumer Protection will do nothing. Also be wary that they may try to avoid providing a written signatures on any agreement.

You'll notice that Christian Briet, who heads the legal department is not even licenced as a paralegal as required by the Law Society of Upper Canada. And yet their actual in-house lawyer, Eli Seth Antel, remains in the background. If Antel doesn't put his signature on a document or it doesn't go out on his letterhead, then he can avoid getting in trouble with the LSUC and let Briet take the heat if anything goes wrong.

At least if you go to court, you can request the money be paid into the court clerk. Even if you complete your payments, they may refuse to sign a release in an effort to pry more money out of you OR just because they're nasty.

If you pay them out of a bank account, make sure it's not a regular account but preferably at a different bank, not just a different branch. Money orders might be best; however, credit card payments to these bottom feeders is asking for trouble.

Ray

Pitkin was with the Criminal Injuries Compensation Board and the SIU before he went to Consumer [Non]Protection. I think he also was with the sheriff's bailiff [property seizure] dept. Currently, he gives business talks to creditors. Whose side is he really on?

You think that's bad. I remember investigating several years ago the fact that innocent victims of crime received almost nothing from all those "victim surcharges" that are added onto traffic tickets. To make a long story short; a complete farce.

Ontario Ombudsman, Andre Marin's recent remarks about the SIU weren't much better.

Ray

I was just wondering why with all the complaints people have against Brian Pitkin and the Consumber Protection Agency, who I agree are quite useless, why more people don't write to the Ombudsman of Ontario regarding the Ministry not enforcing its own laws regarding Collection Agencies. It seems to me that when the Ombudsman gets enough complaints against one government agency they do a thorough investigation of that agency. If people would go to the Ombudsman when the Ministry does not enforce the rules perhaps we could get some action taken against the do-nothing Ministry of Consumer Protection. I think this agency counts on people being to embarassed by their situation to fight back. Just a thought.

Oh....So should I deposit payments into the bank acct they gave me, or even stay away from that, I mean I want to get this off my credit report...

I have 15 0000 from the line of credit to pay off.

And now I must also worry about false affidavits, I guess if I get that I should check with an Ont court clerk to make sure that there is no court action against me or smth.