Collection Agencies - collection on a cash deal with no written contract - Canada

a good place to talk about links

RE: collection on a cash deal with no written contract

Postby DanielBl » Thu May 10, 2012 12:28:42 PM

Yikes, you're right. Mea culpa. Snow blindlness after staring at the computer screen all day. Time for a workout.

The collection agency has got to be a bluff. That's why I asked who it was.
DanielBl
Member
Posts: 647
Joined: Sun Aug 08, 2010 06:13:58 PM
Province: ON


RE: collection on a cash deal with no written contract

Postby Ottawa_Chap » Thu May 10, 2012 12:06:09 PM

Hey Dan, this is related to having his a hedges trimmed w/o a written contract. Not a vehicle; you might be getting confused with Steve's post on the other forum.

O.C.
Infuriating one C/A at a time..
Ottawa_Chap
Member
Posts: 680
Joined: Thu Jun 26, 2008 09:03:04 PM
Province: ON


RE: collection on a cash deal with no written contract

Postby DanielBl » Thu May 10, 2012 11:49:57 AM

I'm don't know what will happen with the bureau files, but he had the use of a vehicle for quite a while without paying for it, didn't he? That in itself is a tort, valid contract or not.
DanielBl
Member
Posts: 647
Joined: Sun Aug 08, 2010 06:13:58 PM
Province: ON


RE: collection on a cash deal with no written contract

Postby Ottawa_Chap » Thu May 10, 2012 11:38:28 AM

I don't get it? There's no contract in place, so how can any legal action be won against you in court - this is assuming that you were to show up for the trial. Even then, as T.J. stated, the statute of limitations has expired, therefor your defense should include this fact so that the case can be dismissed on those grounds. In addition, w/o a signed contract, on what grounds does the collection agency have to log any negative action on your credit bureau file?

O.C.
Infuriating one C/A at a time..
Ottawa_Chap
Member
Posts: 680
Joined: Thu Jun 26, 2008 09:03:04 PM
Province: ON


RE: collection on a cash deal with no written contract

Postby downtrodden » Thu May 10, 2012 10:20:51 AM

Yesterday, I wrote that a collection agency was after me, now they have told me they are contacting the creditor about a pre suit investigation. What does this mean? Also, is there anything iIcan tell this collection agency with respect to all of the interest monies he is charging me. Where does one find the statutes on this info. Once again, any help would be appreciated as I feel that I must pay this guy again in order to keep my good credit score. Are there others out there in similar situations? I feel like such an idiot! Please help. Thank you.
downtrodden
Member
Posts: 2
Joined: Wed May 09, 2012 09:03:45 AM
Province: ON


RE: collection on a cash deal with no written contract

Postby DanielBl » Wed May 09, 2012 10:29:31 AM

Another guy from the dumb crook lineup. Just what collection agency was this?
DanielBl
Member
Posts: 647
Joined: Sun Aug 08, 2010 06:13:58 PM
Province: ON


RE: collection on a cash deal with no written contract

Postby TJ.brooks » Wed May 09, 2012 10:00:00 AM

I had a similar experience a few years ago with a roofing company.
What I did was called the police to report a fraud as the invoice was clearly not for the present year. Police could see roof was now showing wear after a couple years. They contacted the roofing company and everything was dropped. They advised the roofers that claiming the job was done now to try and collect from several years earlier was fraud.
They could if they wish give me an invoice clearly stating the exact time work was done.
I never got one. never heard another word from them or collections, and it has never appeared on my report.

Even if they send you a proper one now....Statute of limitations has kicked in and they can not sue you....however they could still sick collections on you.
TJ.brooks
Member
Posts: 1244
Joined: Mon Aug 22, 2011 01:43:46 PM
Province: ON


RE: collection on a cash deal with no written contract

Postby Ottawa_Chap » Wed May 09, 2012 09:53:22 AM

If I was in your shoes I'd probably have a little fun with this threat... That said, I'd advise the Chap or Company that trimmed your hedges to drop this dispute, else your going to go and have a little chat with the "good" folks at C.R.A. about how their establishment enjoys evading taxes.

Regardless, w/o a contract in place, I wouldn't expect much of a claim against you if a case were to make it to court.

O.C.
Infuriating one C/A at a time..
Ottawa_Chap
Member
Posts: 680
Joined: Thu Jun 26, 2008 09:03:04 PM
Province: ON


collection on a cash deal with no written contract

Postby downtrodden » Wed May 09, 2012 09:33:28 AM

3 years ago , I paid cash to have a hedges trimmed at my home. Last month, I received an invoice for this work(complete with interest) with the advisement that it will be sent to collections if I don't pay right away. It is the first invoice, typed up and is dated for this year. Today, received a letter from the collections company basically stating that if I don't pay within a few days, they will file a report with the credit bureau. I have no receipt and there was no written contract. I don't quite understand how an agency can prove that I owe this debt. Do I have to pay this guy again? I realize, I was foolish in doing a cash deal but how can he or the collection agency destroy my credit score? What do I do? Any advice would be greatly appreciated. Thanks.
downtrodden
Member
Posts: 2
Joined: Wed May 09, 2012 09:03:45 AM
Province: ON


,

Return to Collection Agencies - Discussion Area