by bcgirl07 » Sun Aug 22, 2010 11:52:32 AM
Ok, I'll try to help you, Kat.
1. Zellers charged off the debt in April 2000 > my best guess is you live in Ontario. There isn't a SoL in Ontario, which is why they're still contacting you.
2. ARO puts in a claim and serves it to an address I don't live at. year 2006 > most likely because that is the last address they had for you, which they most likely got either from Zellers or from the previous agency
3. ARO serves this to my employer by Canada Post, no signature > hmm, uncommon but it might have been forgotten. obviously though it at least had a company name and address, if you knew it was from ARO
4. I go to the Small Claims desk to ask how they got this. They advised me that they won judgement and that I was served. My signature is not on file??? > they don't need your signature to sue you.
and now as for this
"I was paying a different collection agency in December 2000 and in 2001 with post dated cheques. Why is this not showing? They payments in 2001 and with another collection agency?"
Collection agencies only have an allotted amount of time from the client to get the job done. if they don't get the debt paid off in that time, it is given to a new agency. Unfortunately, that agency does not have to keep up with the post dated cheques, as the agreement was made with the previous agency. however if you wish to still do PDCs, just call ARO now and tell them so; they can set it up.
And as for charging ARO, you probably won't get very far. You do owe a debt, so ultimately they're not responsible for your time lost from work. They're just doing their job, crappy though it is, and the courts will not be able to do anything about it. Not to mention, they don't fax anything without your permission, so someone at your work obviously said they were you to get the fax. I'd stop telling people my DoB and private info in that case. And, anyone can get your information from Transunion. How do you think car dealers and cell phone companies find out your credit rating to see if you can have those things? It's not illegal; it's public information.
As much as it sucks, unfortunately ARO has done nothing wrong. The harassment of your family members is probably because they were trying to find you, and a simple "don't call here anymore" would have fixed the problem. Now if that was the case, and they have a recording saying so, the only way ARO isn't liable is if that was your contact number, if you lived at the residence. if you didn't live there, and the family members said as much, and requested they stop calling, then that would be harassment.
Hope this helped a bit.