The outstanding balance will be about $420.00 in a week when they cash another of the postdated cheques I have sent them. They are actually two people from this company calling now, one is a woman who seems to read and leave exactly the same message every day and there is a guy that calls and leaves a message asking to call him back. I wrote, on the letter I sent them a few months ago -along with the cheques- to stop calling me, otherwise I would put a stop payment on all the cheques I sent them, and I indeed feel tempted to do so when they continue to call me. I cannot afford to pay more than they are asking for. I have nothing on my name right now, not a house, not a car, I got a new job and these people only know my home address and phone number... Thank you!!!

What's the outstanding balance? And are they still collecting on behalf of CIBC?

It's less likely they would want to sue someone making payments (harder for them to go to CIBC and request they approve suing) but it is possible.

And example where someone could be sued while making payments is if they have a house to lien or you have a secure job they know they could more out of you from a garnishee.

But if the balance is almost paid or less than $2k it's very unlikely. Especially in BC because even with a judgment, garnishee orders can be thrown out really easily by just filing for court ordered payments.

The creditor can't do anything when the court approves court ordered payments, they have to accept them and can't garnishee.

Thank you for your replies. Is the fact that I am paying $100 a month something on my favor? I have sent them several post-dated cheques that they are cashing every month and a letter asking them not to phone me anymore but they still do. Why would they keep calling me if they are cashing these cheques and the balance is going down? I think it would very very hard to sue someone who is at least paying a little bit each month.. Am I right? Regards

Peter

Footloose: I used to advise CIBC on which people should be sued by one of these large collection agencies. So please avoid posting complete lies here, there are many people who have been sued by collections agencies.

ptbrother: No they won't sue you. The cost to sue you and get a judgment is more than you owe. It's just a complete scare tactic they use with everyone.

With souljah, they purchased a piece of paper (probably at $0.04 on the dollar) and legally owned his debt. They spent a few hundred dollars in Ontario to get a judgment against him to recover a few thousand dollars. It will be a good ROI for them IF they get paid. (Good luck souljah).

Contact the ombudsman at CIBC and they'll forward your complaint to the people that deal with the agencies.

As souljah said, the registered letter is required to cease and desist phone calls. Also, when requesting written correspondence request your account balance with each payment. You need to keep track of the balance going down and they're required to give you that info.

But it sounds like they are collecting on behalf of CIBC and don't own this debt. Creditors usually sell them off after a year or so of non-payment and collection attempts.

footloose: They CAN take legal action.. bc I'm currently having legal action against me from CRS.. lucky me

Peter: I would contact CRS right away, and ask them HOW MUCH you actually owe them. Chances are they've added interest to the $1000 balance, and you probably owe over $400 (bal +interest that've decided to tack on). I say this bc this is what has been done to me.

I had a MC as well in the past, sent to collections with a balance of $2493. I have been paying over the past 2 yrs, since Jan 2008, checked my credit report consistently, and watched the amount owing go down over time. As of March 2010, it showed I owed $123.

Imagine how surprised I was when I received a Notice of Garnishment, stating I owe over $3800! I have called CRS numerous times in the past about why they're asking for an extremely larger amount than what's showing on my credit report. No one can answer that for me.

Now I have to go to court to dispute the amount. So get your credit report right away, check what you actually owe, and also call them! Also, if you have time, send them another letter, this time registered, stating to only contact you via writing. If they continue to contact you by phone after they receive the registered letter, you can take legal action. By law they are required to honor a debtor's request to 'cease and desist' as they call it.

Oh, and apparently CRS 'purchased' my debt from the original creditor, so the original credit has no say with the issue being taken to court. It's all the agency's decision.

Hope this helps.

RELAX Brother

"Don't get your shorts in a knot"

No Chartered Bank in Canada will authorize a collection agency to begin legal action against anybody. CRS is bluffing and trying to intimidate you. Take it with a grain of salt.

No Chartered Bank in Canada will begin legal proceedings for an amount under $5000. It's too expensive and time consuming and the banks have got bigger fish to fry.

So, go pour yourself a nice "hot toddy", sit down and enjoy your favourite TV program It sounds that you are sincerely trying to pay off this debt and I congratulate you for that. If CRS keeps calling you, listen politely and if you feel that they are intimidating you, just hang up the phone.

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Educating one Consumer at a time

I've got a question regarding phone calls I am receiving from CRS INC (Contact Resources) a collection agency from Ontario. I am in Victoria, British Columbia. I used to have a MasterCard with a balance of about 1000 dollars that I could not pay about two years ago for a number of reasons. I lost my job, etc. I contacted the bank (CIBC) myself and offered them to start paying as soon as I got a new job. It took a while and my account was eventually transfered to CRS. I sent the a check for 200 dollars as an advance back in September last year and offered to send postdated cheques when I got a new job. I eventually did and I sent them 8 postdated cheques, each for 100 dollars. I wrote them a letter telling them that I could not pay anymore than that a month and asked them to stop calling and leaving me messages sometimes twice a day. The point is that they have been cashing these cheques every month but they keep calling me. They are calling me from Ontario and other number apparently from BC. They are leaving me messages threatening with legal action if my account is not paid in full. They say they are acting on behalf of the CIBC and that they have their authorization to start legal action against me. I have paid them 600 dollars out of 1000 so far and the balance is 400. I would really like to know if this people can actually take me to court to collect the outstanding 400 dollars in spite of having been cashing the post dated cheques I gave them, every month. Please help me, I am losing sleep over this