Collection Agencies - Getting sued - Canada

a good place to talk about links

RE: Getting sued

Postby CreditHelper » Fri Jun 15, 2012 07:36:02 AM

They won't try suing you unless they actually have grounds. What you want is more than just the "balance" from the original creditor.

Below is a link that may help. As you'll read, they can't contact you more than 3 times a week.
What you need to do is send the collection agency a registered letter sayign you want no further contact unless they can verify the debt, and even then only via registered mail.
If they do for some reason goto court, they'll have to justify every penny of interest. Additionally, Small Claims has a "settlement conference" that is mandatory as soon as you file your defence, at which point (if it gets to court even) the collection agency will likely settle for 40-50%, on a payment plan.
The advice (if any) given above is free and is to be taken as such. While most of it is accurate as it pertains to Ontario, it is not to be taken as legal advice. If you need a lawyer please consult one.
CreditHelper
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RE: Getting sued

Postby Cowgirl » Fri Jun 15, 2012 01:26:06 AM

Hi DanielBl,

As much as I calculated, the interest does not add up either. My only speculations is that some of the interest was from my original creditor and the rest from the collection agencies. My last payment according to my credit report was April 25th' 2011. The amount I owe then was about 9400. This is when it went into default. My account went through in-house collection and sold to the other collections agencies all in one year. The one I'm dealing with now is the 3rd one.

I have requested debt verification. What I received is just a letter with my original creditor name, original credit card number and the amount I owe them. I have ask for more proof but, was told they are under no obligations to send me verification in Canada. It is only good for the States. After a year of being harassed I wanted to get them off my back so, I gave up and decided to try to settle this. I have not made any acknowledgement of the debt yet. They are really standing their ground on getting me to make a lump payment all at once. But they are really pushing me for an amount I can't even imagine affording. I'm really worry and really scared of what could happen to me.
Cowgirl
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Province: AB


RE: Getting sued

Postby DanielBl » Thu Jun 14, 2012 04:29:33 PM

I wouldn't worry that much. Worst case scenario is you get sued and ask the Court for small monthly payments, while no interest while not in default.

I assume the thing hasn't passed the 2 year limitation period and that you didn't get tricked into renewing it by sending them any money or signed written acknowledgements. When was your last payment? I ask because, how could 9K of debt generate 4K of extra interest in only one year?
DanielBl
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Province: ON


Getting sued

Postby Cowgirl » Thu Jun 14, 2012 02:43:32 PM

Hi guys,

I have a 13g credit card debt. 4g is interest added on after it went into collections. It is not passed the Statues of Limitations yet (1 more year). I have been trying to negotiate a settlement/payment plan with the collection company. However, it did not work out.

At the beginning of May I began talking with a debt collector. He was really nice in the beginning. Every time we talked we couldn't agree on a settlement. By the end of the month, he completely changed and started getting really rude and aggressive. Threatened to sued, ruining my credit score, etc.. I stopped answering his calls for a while because I felt really uncomfortable talking with him. I have now received about 6 letters from him. Each one about paying in full or else. Which I cannot do. Hence the trying to negotiate something.

This week a new collector has been calling me from the same agency. He said that he is now taking care of my account. He also said he is on the legal team which deals with accounts that are in the process of going to court. Basically, he said he is the one that makes the last decision on my account. He wants me to pay 75% in full or I'm practically doomed. Nothing less. I can't afford it unless I win the lottery. I don't know if he is buffing or if I'm really going to be sued. I'm really worry.

If I'm being sued, how long does it take to go to court. Like have a court date? What can I do then, once I get those court papers in the mail? Anyone deal with being sued before? I don't really know what to do. Again, I'm really really worry. Any advices? Thank you!
Cowgirl
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Joined: Thu Jun 14, 2012 02:09:54 PM
Province: AB


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