Collection Agencies - Questions about a legal threat - Canada

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RE: Questions about a legal threat

Postby ergergerg » Sat Aug 06, 2011 01:41:58 PM

Just an update:

I contacted the Ministry of Consumer Services after this all happened, I had completely forgotten about it until yesterday when I received a letter from them in the mail. It had the full correspondence back from Charles Manchester as well as one of the `supervisors` that I spoke with over the phone. Essentially he stated that it was me hanging up and that I`m repeatedly ignoring my debt to them and have not made attempts to settle at all.

I am very pleased to state that he provided the ministry with a copy of my full payment history and also stated to them ``I have included a copy of our electronic notelines of the file with the continued condition that they are for the Ministrys eyes only``, which they photo copied and mailed to me the day they received it :)

I am almost tempted to call him and thank him kindly for essentially providing me with all the details I initially wanted, I`m not too worried about being garnished through the courts as my account balance is now down to 1800 and they are continuing to cash my 150$ bi-weekly cheques.

Also thought I would include this very professional (verbatim) statement Charles made in his correspondence with the Consumer Services Ministry in regards to his false accusations that I hung up on him

``This lady puts the telephone down on me not once but twice then accuses me of hanging up the telephone on her???(sic)"

The three question marks add a very professional flare to the entire two page letter he sent to them.
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RE: Questions about a legal threat

Postby ergergerg » Tue May 24, 2011 09:47:27 AM

Yea I'm starting to doubt more and more they are willing to take it to litigation. I told them to stop calling me and to take it through to litigation and I just got another call this morning. I've stopped picking it up and let them start to leave messages.
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RE: Questions about a legal threat

Postby DanielBl » Sun May 22, 2011 07:06:48 PM

Suspicious of FDR? Good Heaven's lad! Are you serious? Look, getting advice from a collection paralegal is like asking a fox to protect your chicken coop. This is the farce you get when you let an ex-debt enforcer like Brian Pitkin rule collection agencies. Maybe, things will improve if Denna Natale gets his gig, now that's she's been forced out of collections.

FDR has a litigation lady on site at West Wilmott. If they were going to sue you they'd have done so by now. But why should they, when they can have so much fun knowing they can ignore the law with impunity?
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RE: Questions about a legal threat

Postby bwettlaufer » Thu May 19, 2011 07:38:46 AM

Umm ... yes, they do need to provide you a detailed account of your payments and balance. And unless they are willing to provide it in writing, I would be very suspicious of such an agency.

Send a registered letter to the original creditor outlining your issues, and request a detailed statement of account from them.
----------------------- Blair Wettlaufer Receivable/Accounts - www.receivableaccounts.blogspot.com
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RE: Questions about a legal threat

Postby ergergerg » Wed May 18, 2011 09:52:08 AM

I have all my payment receipts as I paid them by cheque. When I questioned how it would all of a sudden go back up to 8 thousand dollars I was informed that its their legal right.

What really pisses me off is that they have no idea what they are talking about, originally I was told 3000 dollars of back dated interest would go on and now its 1700. But I calculated it myself and it should be 1197 based on my original card holder agreement.

Update:

I just called in to ask if I could get something on paper about what my current balance is as well as my payment history. The guy on the phone laughed at me and said they "didnt need to do that" when I insisted that the only way I would continue to deal with them was if they send me something with my current balance on it he said "well I guess we will see you in court" and hung up.
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RE: Questions about a legal threat

Postby Hayden31 » Tue May 17, 2011 08:57:36 PM

As long as you have proof of your payments, they cannot sue you for the full amount all over again. They're trying to scare you. It's what they do. And I doubt they would take you to court for the remaining amount. I really don't think they stand to gain anything from it. If you're already making $300 monthly payments, and 20% wage garnishment would amount to less than that, then it's you who stands to gain from going to court, not the other way around. It'll take 9 months before they're paid in full. Sit tight, don't miss a single payment and they will more than likely just keep accepting this until it's paid off in 9 months.

Good luck!

Ps., my opinion is merely an educated one, but I wouldn't impart this information if I didn't believe in it full heartedly.

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RE: Questions about a legal threat

Postby DanielBl » Tue May 17, 2011 08:05:50 PM

Yet another illustration of what happens when you give a collecton agent money without FIRST obtaining a clear, written, signed (in original ink) FINAL settlement. I pointed only last night that the characters over at 40 West Wilmott St., Unit 10 in Richmond Hill were among the worst in the industry. Hope you kept your receipts.

They might have at least sent you a free pizza (with anchovies) like they've done with others.
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Questions about a legal threat

Postby ergergerg » Tue May 17, 2011 09:15:04 AM

In Sept of last year I was contacted by Canadian Debt Recovery and informed of that they had my Presidents Choice mastercard. The original balance was 6300$ and I needed to make a payment immediately otherwise they would push through to court. My Fiance let me put 1000$ down on his credit card and I made arrangements to pay 125$ bi-weekly.

About a month ago I was contacted by them saying my account has been with them for a year now (even though I was not contacted until September) and that if I did not make a payment in full they were going to garnish my wages,

They convinced me to try and get out a consolidation loan from TD which obviously came back declined as a direct result of the account I wanted to pay off being in collections.

Now the total balance of what they have is $2850 (I started making higher payments of 150$ bi-weekly sometime in december I believe) However I was informed today that if they take me to court it would be for the full original amount plus back dated interest plus court fees. Totaling about $8500 ($6300 + $1700 interest + court fees).

I understand the back dated interest and the court fees, but I guess what I am struggling to understand is how they can take me to court for the full original balance when I have paid off nearly half of it?

Also the concept of them garnishing my wages is rediculous since the most they would get is about 20% (if I'm correct), and right now $150 bi-weekly is higher then 20% of my bi-weekly pay.
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