Collection Agencies - Is this a bluff? - Canada

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RE: Is this a bluff?

Postby montyloree » Sun Jun 28, 2009 08:10:41 AM

patrob69,
did you agree to pay the "roll-over" fee? if so... you're legally bound to pay it.

People need to read the fine print.
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RE: Is this a bluff?

Postby montyloree » Sun Jun 28, 2009 08:09:39 AM

I would check the agreement to see which province the contract is legally administered under.

IE... in agreements it says, "This contract will be bound by the laws and courts of "province",

So...if a creditor from Ontario has a client in BC, the creditor will usually want his province to be the one that legally administers the contract.
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RE: Is this a bluff?

Postby patrob69 » Fri May 22, 2009 05:23:58 AM

Thanks for your advice guys!

I'm not paying because I was paying the "roll-over" fee every 2 weeks which ended up being more than the loan plus interest. I refuse to pay more!!!
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RE: Is this a bluff?

Postby nameuser » Fri May 22, 2009 12:06:16 AM

I've heard pay day loans don't actually like going to court because it is quite common for judges to question the excessive fee's and interest. But I'm sure they do sue but would rather avoid it.

You'll have to check with a lawyer on this but it should be stat barred. The law would be that the contract you signed follows the laws of your province and not the creditors but you really need to look into that with someone who knows.

If they sued you in BC they couldn't do anything anyways, they would have to refile the judgment in Ontario after that, it'd be too expensive.
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RE: Is this a bluff?

Postby improvemycredit » Thu May 21, 2009 08:21:25 PM

Just curious, but why not just pay it or make arrangements to do so. (or a payment agreement of a lower amount )

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RE: Is this a bluff?

Postby average_joe » Thu May 21, 2009 07:47:40 PM

I believe since you’re in Ontario and the statue of limitation would be two years. It would be no different when I defaulted on my credit cards; the creditors were all in another province when I signed the contract. When I defaulted the statue of limitation would apply in my province which is six years, I wish I could go by the creditor’s province statue of limitation. If payday loans are going to sue they have to go by your provinces law or the judge will throw it out.
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RE: Is this a bluff?

Postby patrob69 » Thu May 21, 2009 12:12:13 PM

My question is...can they sue me in BC if this was done online and faxed from my Ontario address? Wouldn't the transaction take place in Ontario? Thus, the statute of limitation would've run out (2 years)
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RE: Is this a bluff?

Postby average_joe » Thu May 21, 2009 10:31:13 AM

Nice article
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RE: Is this a bluff?

Postby RichardC » Thu May 21, 2009 10:35:13 AM

Hmm email collection notices now eh? All creditors have the right to sue when you are in default, but they rarely do. Expect to get the threat.

You might find this article informative:

The threat of legal action

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RE: Is this a bluff?

Postby patrob69 » Thu May 21, 2009 05:29:07 AM

So, my question is...do you think this is a bluff or are they seriously intending to sue me?
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