they contacted me not even a week ago about an old bell mobility account that wasnt in my name and they claim is in my name (being my oreviously married name)....told them impossible cause been divorced for years and never really took on married name solely (always hyphenated) they claim they sent mail to me at my current address going back to 2007 advised that was lie.....she said I beg your pardon.......told her was lie cause that address was a field back then and no home was even there......she said woudl fax me info and I still ahvent seen it.....guess she knew she got caught

Very interesting posts regarding D & A, glad I read them. I too have been receiving calls from them for a so-called debt that is in arbitration and lo and behold they are asking for almost $200 MORE than what is being disputed. I have NEVER received any written correspondense (in any form) from these guys and when I called our provincial Consumer Protection Agency, they weren't registered and therefore not legally intitled to collect ANYTHING from anyone in my province! Hmmm interesting. When I asked D & A to provide us with something in writing as well as their Provincial Consumer Protection Account License Number, I was given the royal runaround and eventually transferred to their Human Resources deptartment (LOL because that is where they have this kind of info apparently) and of course; convienently for them, there was no one there. Has anyone suggested launching a class action lawsuit against these guys? It seems fairly clear they are breaking the law. I keep VERY good records and would encourage everyone to do so - it would be invaluable in a case such as this. I would like to say that I am NOT a lawyer, if you need advice you can be put in touch with a lawyer through your provincial Consumer Protection Agency branch - but I DO know my rights and THIS COMPANY APPEARS TO BE BREAKING THE LAW in hopes that we are all ignorant of it.

Playdoe,

Just had a glance over a few of your older posts and see that you were/are in the collection industry. Given that, I understand your bias towards informing this individual to draft up his own terms, then send in payments based on those terms.

I must admit, this is a route I'd never take. Sending any C/A money without a written agreement in hand first is the same as demanding that they take you to the cleaners. Next thing a person knows (like another poster mentioned a couple days back) the C/A simply deems the money submitted as an interest payment; then one is stuck holding a large portion of the bill once again.

Sure this opinion contains a slice of speculation on my part, however, there is a strong argument for getting a written contract in hand BEFORE making any payments towards one's outstanding debt(s).

First of all they broke several law already when you can use it to fight against them. Tell them you're recording all phone calls and will send a formal complaint to the Ministry of Small Business and Consumer Services.

According to Collection Agencies Act, 1990 Ontario, under Prohibited Practices and Methods in the Collection of Debts

Section 22 (6) No collection agency or collector shall engage in conduct described in any of the following paragraphs with respect to the debtor, the debtor’s spouse, a member of the debtor’s family or household, a relative, neighbour, friend or acquaintance of the debtor, the debtor’s employer, a person who guaranteed the debt or a person mistakenly believed to be the debtor:
1. Make a telephone call or personal call at any of the following times, except at the request of the person being contacted:
i. On a Sunday, other than between the hours of 1 p.m. and 5 p.m. local time of the place where the contact is being made.
ii. On any day of the week other than a Sunday, between the hours of 9 p.m. and 7 a.m. local time of the place where the contact is being made.
iii. Despite subparagraphs i and ii, on any holiday listed in subsection (7).

2. Contact the person more than three times in a seven-day period on behalf of the same creditor, subject to subsections (8) and (9).

So all they can do is to talk to you 3 times a week. What you can do is to pick up the phone and say hi and tell them the law. Do it 3 times and if they don't comply the law, you simply complain to the Ministry.

Owing and trying to pay.

Visa out sources all of their collections for cost reasons that is why you got that answer from them.

Filling a complaint will only prolong the issue and affect your credit rating.

Since you donot want to deal with them they must have sent you a letter. I would simply send what you can via money order and attach a letter stating what your going to pay and over how long, your health and asked not to be called. This should stop the calls and give you some peace of mind. Trust me they will never say no to money. The calls will start again if you miss any payments.

Hope this helps.

Playdoe

Why not file a complaint against the collection agency?

If you dont have the money to pay and resolve your debt, you can't do much other then complain about their conduct.

https://www.cbs.gov.on.ca/compform/english/complaint.asp

Alright..... So I owe about $700.00 to my TD Visa. I have been trying to "hide" from the situation as finances have been very tight since Christmas. BAD IDEA!!! First my account was sent to Collectcorp.Inc., but recently it was "apparently" sent over to D&A Collections. Since at least the beginning of June (2009) I have been receiving telephone calls on a Daily Basis! That includes SUNDAYS! The calls 'usually' begin on or around 8:13a.m. and continue until exactly 9p.m. EDT. However, there have been the odd day where calls have begun BEFORE 7a.m.!!! The messages I have been receiving from a Mr. Matuse (not sure of the spelling) have been abrupt, rude, condescending and threatening. I have never spoken to this individual or the company and I do NOT plan to. Today, I received a call from a friend of mine who received a call from the one and only Mr. Matuse stating that "I" gave him that number to call, was I at home and to give him all of HER information! I may be blonde, but I am NOT stupid by any means.... This is illegal behaviour and goes directly against MY Privacy Act Rights! (Am I wrong?) I REFUSE to deal with Collection Agencies so today I "sucked it up" and called TD Visa Collections Dept. (Apparently they do not do "Collections"!) That's odd!?!

Can ANYONE please offer me some advise on how to proceed? I hate owing anyone anything, but it is what it is and now I have to deal with it. I am also quite ill and on the waiting list to be admitted to the hospital for treatment. (I suffer from and trying to recover from a severe case of anorexia nervosa....and no, it's not about "looks or food" for those of you wondering.) I have been on Disability Insurance for about 2 years now and my husband just finished full-time College which did get him a decent job. However, he is not a doctor and with so many other bills to pay, I cannot afford to pay the min. $700 at this time. Over a few weeks yes. But not in a lump sum.

Help? (btw...I am located in the G.T.A., Ontario regions.)

After I taught there is no lower from of life after TCR but I was WRONG.
D&A called me for an account TCR gave up on because they could not provide proof of debt and after my wife begged them to take her to court they stopped calling , 6 months after that D&A calls me in regards with this account which was included in MY bankruptcy.

I told them this is illegal , to call me about the account and grill me over it, to what a certain L Russo said that they haven't established my bankruptcy yet.... after two years ?

I was a bit harsh with her on the phone because she was lying non stop to me and I asked to talk with her supervisor to what she said he's busy but he will call back. I called him myself and he was very infuriated with me that I knew my rights , he gave me the same "establishing bankruptcy" BS and told me that will complain about my phone conduct to CIBC... BOO! HOO!!!!
.Then they called my wife saying that she was co-signer to the account which is bull and TCR was not able to prove it , the collector, L Russo, told her first that the collection started last Friday, March 27 , then when my wife asked for the collection letter which has not been sent as required by law she said that they sent it on the 13th on March and she took offence when wife called the lie .
Basically my wife denied knowledge of this account and asked Mrs. Russo to take her to court to which Mrs Russo declined the offer and threatened to call until she pays for this bogus debt.
The account is been put in my Consumer proposal in Dec of 2004 with a date of discovery in September 2004 according to my credit report so it isn't even collectible nor enforceable in court due to SOL.

Answering to Monty's question there is a new sleazy player with disregard for law and regulations and is the D&A collections.

They try to present themselves as professionals but they're pathetic bullys trying to scare you into paying whatever they want thinking that all consumers are dumb.

I have just read some of your posts......a debt from 5 1/2 years ago is UNCOLLECTABLE.......that is wrote off to a bad debt and you have 6 months to go to have it off your report......let sleeping dogs lie,....if you pay it then your six years starts from date of payment.......and it will state settled on your report which will hurt you.......leave it alone.......I was advised by them about a debt that apparently I owe to creditor (no intentions of paying because I cant be provided with proof)......advised them if they go to bureau will go to BBB and that will be huge issue for them for sure.......I need proof and they arent willing to furnish this neither is creditor.......I will not pay something that I know is not mine and without proof I told them to go ahead and attempt to take me to court and they will be laughed at by the judge.......stick to your guns in regards to agencies (any of them) I used to be collector (not for agency but for corporation) these collectors should be versed on the collections laws inposed int his country and they should be abiding by them.....if you find they are not report them........and I encourage everyone to check their credit minimal of every six months from both Equifax and Trans Union (both are free).....I didnt check mine for a long time and huge surprise to me when I went to purchase house that there was stuff on my credit from when I was married about 7 years ago but the ex was still using a credit card in my name that went to collections.......I have one left to clear up from his fraud and then my credit score will shoot up again to where it should be......

In regards to my original post in mid April. They have now given me proof of monies owed and I am willing to pay. My question is do you think i can negotiate the original amount owing and not pay the acrued amout considering they can not show me proof of any correspondence they have sent me?