I have had many telephone calls and e-mails from various people who have been harassed and threatened by Paul Kupferstein's Law Office and his monions, and I thank you all very much.

Again, as Mr. Kupferstein is responsible for his staff's conduct, and as his staff are violating not only the Rules of Professional Conduct, but also the Criminal Code of Canada, and he is responsible for any damages you may have suffered.

Mr. Kupferstein's staff is not allowed to call your employer, your friends, your neighbours, your relatives, your parents or grandparents in order to collect this debt.

If Mr. Kupferstein's staff does this, you can sue them.

My firm would be most agreeable to being retained by anyone who want to sue Paul Kupferstein for harassment and damages.

I bill my time at $150.00 per hour, and I request a retainer up front of $500 plus 5% GST, and I look after all steps of the action.

The limit in Small Claims Court in Ontario is $10 000, but on 1 January 2010, that limit rises to $25 000.

And Mr. Kupferstein is not going to be thrilled about any matter such as this get in front of a judge.

you can reach me at 289 285 0181, 866 306 8111, or at gowlingsinc@mountaincable.net.

I look forward to hearing from you.

Allison Gowling

christal Posted - 4/20/2007 8:55:30 AM

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hey everyone i got a letter from the natale law offices signed from deanna l natale, i was wondering if anyone ever got taken to court for her, im trying to settle the debt with the person whom i cosigned for so that i dont hve to worry bout it, i cant pay off the loan im a single mother, out here in novascotia, does anyone know how far they actually take it, its been about a year since i cosigned the loan?????/ plz help

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http://www.gov.ns.ca/legislature/legc/statutes/limitatn.htm

Above, is a copy of a letter from christal (who lives in Nova Scotia) over at the Vancouver forum. Truly, the motto in the Natale Law Office is: "From sea to shining sea." From Nova Scotia To British Columbia. I'm sure we'll be getting an inquiry from someone about Natale on Baffin Island pretty soon.

Christal doesn't say much about her situation except that she co-signed for a loan a year ago. The Limitations of Actions Act of Nova Scotia, Section 2(e) indicates that the limitation period is 6 years. Thus no limitation period would apply to Christal for another 5 years. That, and the fact that Natale generally will sue anyone for anything she can, might make things look somewhat pessimistic.

However, Christal doesn't mention whether the form she received was one of those phoney Form 7A's from Ontario Small Claims Court located in Richmond Hill. If so, any action would have to be filed in Nova Scotia, not Ontario, and so the letter would likely be another bluff with Natale just working the numbers. Also, if the original creditor still owns the debt, Natale would have to get their permission to sue. And that's unlikely, unless the amount is substantial. And even then, it might not happen. Other than that, there's not much to say unless Christal includes more details.

Ray

hmm... interesting. I should read that act in its entirety.

But not tonight...

I've posted this a few times already. This is a copy of Sections (7) to (9) of the latest edition (March 12, 2007) of the Alberta Limitations Act, which came into force on March 1, 1999.

As you can see by section 8.2, you can only acknowledge a debt and restart its SOL period BEFORE the limitation period of 2 years expires.

Sections 8(3) and (9) deal with what legally constitutes an acknowledgement of a debt.

Pay REAL close attention to Section 7.1 with regard to any agreement you may have signed, as it may have extended the statutory limitation period.

Once again, this Act is for general unsecured consumer debt, not student loans, real property and other secured loans.

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7(1) Subject to section 9, if an agreement expressly provides for the extension of a limitation period provided by this Act, the limitation period is altered in accordance with the agreement.

(2) An agreement that purports to provide for the reduction of a limitation period provided by this Act is not valid.

ACKNOWLEDGEMENT AND PART PAYMENT

8(1) In this section, ?claim? means a claim for the recovery, through the realization of a security interest or otherwise, of an accrued liquidated pecuniary sum, including, but not limited to a principal debt, rents, income and a share of estate property, and interest on any of them.

(2) Subject to subsections (3) and (4) and section 9, if a person liable in respect of a claim acknowledges the claim, or makes a part payment in respect of the claim, BEFORE the expiration of the limitation period applicable to the claim, the operation of the limitation period begins again at the time of the acknowledgment or part payment.

(3) A claim may be acknowledged only by an admission of the person liable in respect of it that the sum claimed is due and unpaid, but an acknowledgment is effective

(a) whether or not a promise to pay can be implied from it, and

(b) whether or not it is accompanied with a refusal to pay.

(4) When a claim is for the recovery of both a primary sum and interest on it, an acknowledgment of either obligation, or a part payment in respect of either obligation, is an acknowledgment of, or a part payment in respect of, the other obligation.

PERSONS AFFECTED BY EXCEPTIONS FOR AGREEMENT, ACKNOWLEDGEMENT AND PART PAYMENT

9(1) An agreement and an acknowledgment must be in writing and signed by the person adversely affected.

(2) An agreement made by or with an agent has the same effect as if made by or with the principal.

(3) An acknowledgment or a part payment made by or to an agent has the same effect as if it were made by or to the principal.

(4) A person has the benefit of an agreement, an acknowledgment or a part payment only if it is made

(a) with or to the person,

(b) with or to a person through whom the person derives a claim, or

(c) in the course of proceedings or a transaction purporting to be pursuant to the Bankruptcy and Insolvency Act (Canada).

(5) A person is bound by an agreement, an acknowledgment or a part payment only if

(a) the person is a maker of it, or

(b) the person is liable in respect of a claim

(i) as a successor of a maker, or

(ii) through the acquisition of an interest in property from or through a maker

who was liable in respect of the claim.

In Alberta... not sure of other provinces... if you acknowledge the bill in writing it does revive the SOL. The SOL is the date of last payment or last written acknowledgement.

Nah, you can't revive a SOL debt that way or any other way unless it's a student loan. But if the account Elizabeth Morgan was talking about wasn't SOL yet, then she might be renewing the SOL period at least.

Anyhow, whatever else is true, Bilowus would ask Morgan to send in those letters of complaint simply as a proforma smokescreen.

iQor, Inc formerly CBCL - Canadian Bonded Credit Limited - Now Iqor Collection Agency has 400 hundred employees in their Toronto location alone, who make thousands of obnoxious calls each day. The government isn't going to do anything about them, and it couldn't even if it wanted to - it would be like trying to stop every speeder on the highways. That's why they have all these useless complaint forms to make it look to the consumer like something is being done. It makes it look like the government is doing its job and the collector is actually accountable to the law (nudge, nudge - wink, wink). Everyone loves a good line of fiction.

Ray

I wonder if, in these letters that had to be written, the debt was acknowledged and/or a promise to pay made?

I don't trust collection agencies.. and my gut says that this is just a clever ruse to restart any statutes of limitations.

She was a iQor, Inc formerly CBCL - Canadian Bonded Credit Limited - Now Iqor Collection Agency branch manager. Need more be said? She's working in the SOLE interest of iQor, Inc formerly CBCL - Canadian Bonded Credit Limited - Now Iqor Collection Agency .

Ray

Raymond,

That's what I suspected.
While I'm sure Debbie Bilowus is a nice lady.... she's still the employee of iQor, Inc formerly CBCL - Canadian Bonded Credit Limited - Now Iqor Collection Agency . She's working in the best interests of iQor, Inc formerly CBCL - Canadian Bonded Credit Limited - Now Iqor Collection Agency ..

ADDENDUM TO PREVIOUS POST REGARDING OMBUDSMAN

Futher to my previous post, I made some phone calls to iQor, Inc formerly CBCL - Canadian Bonded Credit Limited - Now Iqor Collection Agency and to the Ministry of Consumer Protection to confirm what I said.

No, there isn't any obligation on the part of collection agencies to appoint an ombudsman (in Ontario, at least). Collection agencies, of course, don't fall under the jurisdiction of the Financial Services Commission of Ontario, but under the purview of Consumer Protection. As I pointed out, there is nothing in the Collections Act that mandates the creation of an ombudsman by an agency.

Debbie Bilowus was NOT appointed by any government agency but, instead, has been an employee of iQor, Inc formerly CBCL - Canadian Bonded Credit Limited - Now Iqor Collection Agency for 25 years, previously occupying a position as a branch manager in Edmonton, Alberta. Her salary is paid for 100% by iQor, Inc formerly CBCL - Canadian Bonded Credit Limited - Now Iqor Collection Agency , not the government. A collection agency is not obliged to have an ombudsman; nonetheless, one may be quite sure her role at iQor, Inc formerly CBCL - Canadian Bonded Credit Limited - Now Iqor Collection Agency is not superfluous. She speaks proudly of the compliance and satisfaction record of her office. No, they're not busy at all. Almost like working at Maytag.

When one talks to people like Debbie Bilowus at iQor, Inc formerly CBCL - Canadian Bonded Credit Limited - Now Iqor Collection Agency , or, for example, to other ombudsman or associated spokespersons at Highway 407, such as Denise Pelletier, Ian Shore, or Dale Albers, one is immediately disarmed by their affability. You almost feel chagrined for complaining. At last, I got someone on my side, someone who understands, someone who'll make things right - or so you think. It's all psychological manipulation, so well done that you think that there is none.

People have an innate capacity for self deception. Appearance is not always reality. With enough training, a collection agency can be taught to walk like a duck. Most assuredly, they are still collection agencies, no matter how their walking or quacking may look or sound.

Ombudsman and (euphemistically titled) "customer service advocates" ARE THERE FOR ONE PURPOSE ONLY: to protect the interests of their employer, NOT yours. Personnae presented to the public to oil their interaction with it can be put on or doffed like baseball caps.

Think about it; Bilowus was a collection agency manager for much of her 25 years: someone responsible for the bottom line, and all the things necessary to achieve it. Think of the character formation that would give someone.

Ray