I see an "O" listed for your province, so I'm assuming that you are from Ontario. If correct, then the good news is, before you even reach the courtroom you'll first enter a MANDATORY MEDIATION process, which will involve yourself, the creditor's representative and an independent mediator. See the following for further details on what the process is all about, and how it can benefit you. (Essentially, you'll have an opportunity to present your arguments and goals in front of an independent mediator, who is assigned by the courts to assist both parties reach a resolution to their dispute)

Courts of Justice Act

R.R.O. 1990, REGULATION 194

RULES OF CIVIL PROCEDURE

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900194_e.htm#sched24.1.01

RULE 24.1 MANDATORY MEDIATION

PURPOSE

24.1.01 This Rule provides for mandatory mediation in case managed actions, in order to reduce cost and delay in litigation and facilitate the early and fair resolution of disputes. O. Reg. 453/98, s. 1; O. Reg. 198/05, s. 2.

Note: On January 1, 2010, rule 24.1.01 is amended by striking out “in case managed actions” and substituting “in specified actions”. See: O. Reg. 438/08, ss. 15, 68 (1).

NATURE OF MEDIATION

24.1.02 In mediation, a neutral third party facilitates communication among the parties to a dispute, to assist them in reaching a mutually acceptable resolution. O. Reg. 453/98, s. 1.

points all well taken. to BKCs earlier point though, all of the documentation received from the C/A prior to small claims action has said that x amount is required to close the account (where x is the full balance) and which we have indicated we will pay. could this not be construed the same way as a settlement letter?

as well and in addition, we have requested a settlement letter now twice and have not received a thing except for a sore ear from all of the messages that are left at home and work.

we are now approaching our twentieth day to file a defense so am just mapping out a strategy to follow. would rather avoid small claims, but i guess if thats the way it has to go, so be it.

ottawa_chap,
very good point!!

Based on your response, it would appear that you are overlooking a key element to the settlement process. That being: Obtain a settlement contract in writting BEFORE you furnish this C/A with any cheques.

Failing to do so may (will most likely) result in your payments being applied in a manner that works out best for the creditor and the C/A. I/E: It's important to remember that the C/A's goal is to keep you paying as much as possible, for as long as possible as this generates increased profits for their firm.

So, before taking any further action, determine what your settlement goals are, then discuss them with either the C/A or original creditor. Once you and the party you are dealing with have come to an agreement, request a signed settlement contract that says something to the effect of "in final settlement", from an authorized member of their office and work from there.

O.C.

thanks BKC...would you recommend just sending the cheques off? as noted we are willing to pay the balance off in full for the original amount when it hit the agency. do we need to hope for the best then, or should this quiet / stop the Small Claims activity?

also, thanks for the terminology - when I wrote a letter to them I said here is what I want, but here is what I define that as...which is the same as the settlement letter you identify.

Well they can't send you a "release" since you haven't paid yet...

What you need to ask for is a written settlement offer outlining the terms.

But your original post makes it seem like you were planning on paying the full balance over six months, so you wouldn't even need a written settlement offer. Just pay it...? (Send them six post-dated cheques. Collection agency would be stupid not to cash them if they represent PIF and also admonished if they decided to take you to court instead)

oreste i would say make sure that you report the agency if they are doing something wwrong so that if you have to go to court you can prove to the court threw organizations and the right way. Keep dates and get the people that you report it to mail you a letter so that you can take that to court.

Excellent letter and I think we will use it to see what we can extract.

No payments were ever made so SoL shouldn't be moved up - the one big thing I have learned on this forum is to never make a payment without a plan and something in writing.

I guess if they want to waste time photocopying...more power to them. In addition to the bills the package also has photocopies of inserts that were with the bill each month. Truly bizarre, but hey, whatever floats their boat.

Sidenote: I thought once the papers were filed, the agency was obligated to stop calling? They haven't. I really don't know what I could say to them at this point.

Although I've never been served with court papers (but would love for any creditor to do that now), I've used the following letter to extract Privacy Information from two creditors so far. That said, RBC sent me a similar package to what you just received (less the court papers). Included in my package were account statements, call logs, etc.., BUT like yourself, I didn't receive a copy of the original contract.

With respect to: "What is the point in including the recent bills"

Possibly to show which months you defaulted? Just thinking out loud here..

Even though they neglected to send you a copy of the original contract, as you know, you've already admitted to this debt and renewed the S.O.L with your recent payments. That said, if you'd like to try and extract the original contract from them prior to entering the courtroom, here's a letter that can help you do just that.

It'll at the very least let Chase know that you're prepared to play hard ball, too. Maybe at the end of the day they'll change their tune and ante up another offer (payment plan) prior to the court date?

Good Luck!

Your Name
Address

[DATE]

Privacy Officer's Name
Company
Compliance Dept.
Address
City, Province
Postal Code

I am writing you in connection with the above-noted account.

This letter will confirm that, under the Personal Information Protection and Electronic Documents Act (PIPEDA), I wish to obtain a copy of all records containing my personal information.

More specifically, I am requesting copies of the following records:

Any recorded telephone conversations with respect to my account involving employees of XYZ or the company's affiliates (i.e. 3rd party agencies);

The contents of your electronic file on my above-noted account, including but not limited to the note lines;

The contents of any hard copy file in connection with the above-noted account;

Outgoing correspondence with respect to my file including any documents sent by regular mail, courier, facsimile (including fax cover sheets) or e-mail;

Incoming correspondence with respect to my file including any documents received by regular mail, courier, facsimile or e-mail;

All contracts that contain my signature;

Any credit reports in your possession.

I understand that under PIPEDA, you have 30 days from the date you receive this letter to provide me with any records containing my personal information, except where you satisfy the conditions for a 30-day extension, in which case you have 60 days from the date of receiving this letter to provide me with copies of the requested personal information.

Regards,

Your Name

cc: Office of the Privacy Commissioner of Canada

Note: You do not need to cc the Privacy Commissioner, but there's no harm in letting them think that you did.

Sounds like a collection agency I know.

At the end of the day not all legal actions are well thought out, some collection agencies still do recklessly throw around money.

Sounds like you are well versed so go ahead and file your defence and have your settlement conference on the matter before the trial.

Make sure you bring up the fact (show evidence) that you made a reasonable offer to pay it off over 6 months and they kept messing you around. The courts dont like to have their time wasted on nonsense.