by ttbeg1234 » Sat Nov 03, 2012 02:14:33 AM
Hello All:
I’m hoping that someone can provide me with some advice on how to deal with a demand letter I received. My question is should I even bother to reply to a 72-hour demand letter? Has anyone else seen these types of letter and if so did you bother to reply to it since I want to go to court anyway? Do they ever follow through with their threats. Thank you.
Oh I should point out the letter was not signed by anyone it just says Govern yourself accordingly, accounts manager.
Some Details regarding this issue:
Citifinancial has been a nightmare I have been dealing with them for over 10 years now and have paid them well over $22,000 on a $10,000. I even went to a debt payment program which just made things worst so last year Oct 25/11 I told the debt payment program to stop sending them payment I had enough they were changing terms of my contract moving my file from one location to another and changed file numbers and losing info etc.
I wrote their insurance dept to asked for a credit for loan insurance I was charged for but never asked for they provided me with a statement of my account which including a document showing the terms of my contract this is one that Citifinancial never sent me or showed me this statement was very interesting because it showed terms I never seem before they had extended my loan agreement to 2015 without my consent this contract indicated that the loan was for $8,000 the cost of borrowing was $25,000 plus interest. These were not the terms I had agreed to.
They drove me nuts called my house day and night, called my work and told my HR/Payroll lady that I had applied for a loan and requested financial info from her, she refused. The bottom line is I told them that I believed the account had been paid in full and provided them with proof that I had paid double the original loan plus more. I asked them for info on the above contract they had shown but they refused, their customer service people called me day and night, they threaten me, called me name sometimes calling my house 10 times a day, so I started sending them letter after letter requesting info on my account documenting the calls, I would call and asked questions but never got the answers what they did was send me a ceased and desist letter telling me I can’t call them again I can’t contact their staff.
So to get to the point of my question I sent them a ceased and desist letter and they stopped calling they would only send notices every month for just over a year until Oct 2012 when I started receiving calls from a Collection Agency called General Credit Services their main office is in Vancouver I live in Toronto, but it would appear they have a office in Markham. This company called me several times for about 1 week they had never sent me a letter so I told them must first send me a letter before calling my home and that I never owed the money the man on the phone told me he didn’t care if I owed the money and that he didn’t have to send a letter that he was going to court and have a garnishment placed on my salary without me being in court because they are allowed to do that, I know they can’t get a garnishment without a court judgment but you never know with these companies what they might do they might lie to a court and say they didn’t have my address and try and get a judgment against me so I let them know I would fight any judgment against me. The man called me a lie low debtor that didn’t pay her bills I didn’t care what he said I know I paid the loan twice over.
I now sent General Credit Services a ceased and desist letter on Oct 20th asking them not to call my home and that I would like to go to court now for my questions I received a reply to my letter it’s a demand letter it doesn’t look like a draft statement of claim. The letter has “72 Hour Demand” highlighted in Black with White lettering. It says that “this notice is sent to you in accordance with Provincial Legislation” It says that Citifinancial has sold my past due account to Razor Capital LLC and the General Credit Service Inc. has been appointed as the authorized collection agency. Up in the corner it says I owe Razor Capital/Citi-Loan $7949.10. Interesting since Citifinancial is a subsidiary of Citi so does this mean they sold the account to themselves? What I like to know is should I reply to this letter and tell them I don’t owe the money and remind them that I wanted to go to court or should I just not bother with them and wait for court papers?
This letter doesn’t look very professional lots of capital letters highlighted, underlined etc. It says, “You should know that after obtaining a Provincial Court order, our client may be able to garnish you wages, seize and sell assets at auction, have my financial affairs examined in front of the court and seize all monies in my personal bank accounts. The letter goes on to say that that I still have time to deal with this matter voluntarily to avoid embarrassment (I’m not embarrass) it goes on that if I don’t contact them they will have no choice but to consider a referral back to their client for Immediate Legal Action (all caps) with no further notice to me. This wording annoyed me and I think that’s what they wanted when they say no further notice to me, what do they think they can go to court and I don’t have a right to defend myself NO way I’m going to take them down if they try that.