Collection Agencies - needing advice on CSR - Canada

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RE: needing advice on CSR

Postby stevehodd » Wed Jul 11, 2012 05:24:20 AM

Not really sure about your case, but upon review, I would suggest you take footloose's advise:

Say no to fraudulent loans - Educating one consumer at a time !
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RE: needing advice on CSR

Postby lifechallenge » Tue Jul 10, 2012 06:04:40 PM

I have just received a writ of seizure of my property from CRS for a Canadian Tire debt that was over 6 years old and it $1200.. it got knocked off my credit file in January 2012.

According to the letter sent they claim to have received the judgment February 2012... the form 20D was stamped at the small claims court on June 21.. can they take my house or just place a lien. Is there a way to fight back..
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RE: needing advice on CSR

Postby average_joe » Fri Jun 10, 2011 06:19:38 AM

I would not erase the telephone messages.
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RE: needing advice on CSR

Postby boy3696 » Thu Jun 09, 2011 09:41:36 PM

It's all scare tacticts. I would suggest doing like the one posts suggest and dispute the debt and tell them to take you to court. There is a 2 year limit like the other person mentioned.
Start being rude back. They can't put a lean on your house, they can't call your employer and they have to notify you by a letter of the debt. They won't do this because it's more than 2 years old.
Just don't anwer their calls, and erase the phone messages. Do not by any means sign anything otherwise that puts you into a contract.
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RE: needing advice on CSR

Postby average_joe » Fri Feb 18, 2011 10:53:56 AM

I would save the recording in case you need to sue them.
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RE: needing advice on CSR

Postby fedupwithignorance » Fri Feb 18, 2011 10:34:59 AM

Received a call today from the ignorant woman at CSR today, I was at a funeral and unable to take the call ... the message was this..

I am calling to let you know that we will be contacting your cellphone provider as well as your banking institution and also taking legal action today .. you dont need to call us back, i am just letting you know what we are going to do to you. Have a nice day!

what does my cellphone provider have to do with anything as well as my bank?
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RE: needing advice on CSR

Postby footloose » Wed Feb 16, 2011 11:44:13 AM

It means that they are trying to sue you. Many debtors fall for this trick because they do not know the law and what to do. What many creditors will do is to sue a debtor, and hope that the debtor does not file a defense, wait 20 days and then apply to the court for a DEFAULT JUDGMENT. Once a default judgment is granted to the creditor, the creditor will then seek an ENFORCEMENT ORDER called a GARNISHEE from the court in order to garnishee your commission or salary. But now, you are too smart for this "nonsense". If this happens, report back on this website and I will show you exactly what to do so that you don't fall into this "trap".

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Educating one Consumer at a time
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RE: needing advice on CSR

Postby fedupwithignorance » Wed Feb 16, 2011 11:29:25 AM

If on the oft-chance that you receive a Statement of Claim regarding this debt, report back immediately on this website.

What would that mean?
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RE: needing advice on CSR

Postby footloose » Wed Feb 16, 2011 11:26:39 AM

Based on the information that you have supplied, this debt is statute barred. That means that the creditor cannot sue you in a court of law. In order to garnishee your commission or salary, the creditor would have to sue you and get a court judgment in order to garnishee your income. In Ontario, there is legislation called the Limitations Act, 2002 which simply says that if a debt is more than 2 years old, the creditor is barred from suing you. That doesn't mean that the debt disappears; it simply means that a creditor cannot sue you, take you to court and get a judgment from which they can get a garnishee.

The next time that a collector contacts you about this debt, tell him/her that you dispute this debt and request that they initiate legal proceedings and take you to court. Follow up this telephone call with a letter to CSR sent by registered mail confirming your telephone call, that you now dispute this debt and request that they take you to court. You won't hear from them again.

If on the oft-chance that you receive a Statement of Claim regarding this debt, report back immediately on this website.

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RE: needing advice on CSR

Postby fedupwithignorance » Wed Feb 16, 2011 09:10:35 AM

i have never received anything in writing nor have i signed anything. Apparently the last money ever received was in 2005. Now I dont know when in 2005 that was. This was something i was unaware of. She originally said someone was being out to assess my house for a lein and i said i live in an apartment. she gave me an address and i said that is my ex husbands address and he rents the basement. i have explained that i am a single mother trying to make ends meet, i work on commission, im up for a managemnet promotion (in the works now - awaiting approval) and if i am garnished i will NOT be promoted! she doesnt care .. she was willing to work with me and then all of a sudden she wasnt.
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