Thanks for the post. I can assure you it really, really, really, really, really helped. A real genuine lifesaver, those excollection agents.

I trust you are every bit as capable as our old forum friend and admirer, Greg Roberts of CCDR in Regina, Saskatchewan.

By the way, who was "that guy" that really hepled you? I couldn't find any names listed on the website. Just some house address in Brighton, Ont.

Nice (tiny) place, Brighton. Me and some buddies used to do a lot of target shooting down there a few years back in the MNR Brighton Conservation Area.

You wouldn't happen to have any relationship to the owner, would you?

There's a CN train passing through Brighton from Torornto around 6:00 PM each day. Why not do all your customers (suckers?) a favour and be under the next one?

Ray

This may not be completeIy relevant to this blog, but I got help from a company called Canada Debt Settlements, they gave me a free consultation and the only fee was a percentage of what they saved me. I was able to avoid credit counselling/bankruptcy which was a life saver. The guy that helped me was an ex-bill collector and was really knowledgeable and made sure I completely understood how the process worked. They only deal with accounts in collections because they don't want to be involved in damaging people’s credit. I'm almost postive they only deal with debts in Canada myself. (Hence their name) Here’s their website if youre interested. Just to add, I have let others know about this business, their type of business because people I have talked to in person as well have not heard of this option yet, and them being in a similar situation as myself... I feel its a great help to others that I can relate to. Hope this helps.

http://www.canadadebtsettlements.com

The first cardinal rule when dealing with lawyers and collectors is DO NOT PANIC. There is no shame in being in debt nor is it a crime to owe money.

It seems if you want to look at this from a different angel..it is the bank that has the problem, not you. They are out the money..not you.

Collectors and lawyers want you to panic and turn into quivering jelly. Don't give them the satisfaction.

Learn the rules of the game.

To begin with...question 1...how did you get this letter from the lawyer. Did it come in the mail..did you sign something for it... or was it just in the normal post.

If it came just in the ordinary mail, chances are it is not any form of a legal document. These would probably have to be served in a formal manner..such as in person or possibly by signing for a registered letter.

Second question... What is the date of the letter, and on what date did you get it?

If it is a formal demand notifying you you are being sued, then you have only a short period of time to file some form of a defence..usually ten days. But if it is marked DRAFT..then it is NOT A LEGAL DOCUMENT.

So again..don't panic.

Go back to my original post. Contact the CREDITOR..the company that gave you the credit in the first place with a proposal for so many post dated cheques. They want payment,...not a court action and other costs.

Post on this site the name of the LAWYERS and the name of the law firm, and the Collection Agency involved. Also check on the envelope the letter arrived in or the document itself to see what address is on it. Then compare it with the address of the collection agency that presumably dealt with you prior to the lawyer involvement...ARE they the same address.

These questions can be answered for me before Monday..and on Monday..still call the Barristers Society or Law Society of Upper Canada or whatever it is called in Ontario to ask if the Lawyers name on the document and their firm is a member of that society. and Post what you find on this site.

If you have been legally served and the ten days have lapsed it is not the end of the world. Go back and read my earlier post re consequences if this is the case.

But to be honest, this sounds to me like some collectors playing with you. And if it is, I'll show you how to play with them in a way they will not forget.

BA

I'm in Ontario. I didn't take any actions. I try to phone this laywers, but their is just voice mail . I left message and ask them to call me back, as soon they receive my message.
Still no response. I hope I can reach someone on Monday. If not, I don't know what to do. I do not have money to pay laywer, but I'm not sure if Legal Aid cover this kind of case. Draft is prepared, but not delivered yet, this what stay in letter ,that's I received .

Look like this lawyer office exist, because represent Credit card. Not sure ,really.
Please if you can give me more instractions. I was thinking to send them posted checks for monthly payments. Or? What do you suggest? Send Credit Card company payment checks? They will accept this? Uff. I don't want to be in debt and have problems at all.

Please advise

As a new participant on this site, it seems the site it is to help those that have accounts still at the collection stage.

It appears yours has gone beyond this and more serious intervention may be needed.

Collectors often impersonate lawyers so the first thing 1'd want to do is call the Barristers Society or equavalent in whatever province you are in to see if such and such a firm actually exists or if it is collectors just playing a game of intimidation with you.

You mention that you want to enter into some form of payment. Sit down and immediately write a letter to the creditor, send a copy to the "lawyers" and keep a dated copy for your files, and propose a reasonable payment plan.

If the matter goeds to court, an honest offer to make arrangements, but an insistence to go to court may be in your favour. (However, if you are served papers to go to court, and you do not attend court, they will probably get a judgement against you in your absence.)

Short of that, it may be time to consult a lawyer or legal aid of some form in your province.

Keep in mind that if the matter goes to court, and there is a judgement, the creditor then has to take steps to collect by hiring others to execute on garnishee etc. This costs money. And if you have no assets is unlikely to happen. (Further more, whist you will never hear this from a collector, it is a standard practice in most courts to allow you to keep a reasonable percentage of any earnings before any garnishee can dip into the pot. You need to check what that level is in your province)

Also keep in mind that if the matter goes to judgement and you have no assets that are seizable at law, didlly happens except the documents are on file and you have a furhter credit problem. But the interest may well drop from the ridiculous bank rates to possible 5% or lower.

So what's better 28% or 5%. Da!

Without more detail in your post it is hard to offer further info.

hope this helps somewhat.

BA

Layers/ Solicitors send me the letter ,they are authorized to collect money in behalf of Credit Card Company, with this letter is included DRAFT for Superior court of Justice?
I need advise what to do? I do not have time, and I'm willing to arrange payment, but problem is they want money within 10 days. I don't have way to have this money,because I lost my job, I can't get any assistance, no support at all. I can't go into my private details, but I really need help ASAP , WHAT I SHOULD DO?
Thanks