Debt Settlement - crs sent notice of claim - Canada

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RE: crs sent notice of claim

Postby DebtFighter » Thu Mar 27, 2014 06:17:25 PM

Great to hear! Now you can use their statement to "garnish your wages" against them as it clearly violates the debt collections act that clearly state that debt collectors cannot provide false and/or misleading statements.

Stating that they will garnish your wages is false and misleading because they need to have a judgement that allows them to do that. Without one, it becomes misleading.

Now to turn the tables, send them a registered letter to state that if they dare sue you, you will counter sue for providing false and misleading information.

Once a debt collector sees that and they know you will fight, they will likely avoid the court battle route.
Fighting debt collection: Knowledge is POWER! Disclaimer: I do not provide legal advice. I am affiliated with former debt collectors and only provide help to consumers who need assistance with debt collections. If you require legal advice, I recommend consulting a lawyer. I do not condone not paying debts on purpose and using strategies I provide to elude payment and responsibility.
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RE: crs sent notice of claim

Postby geralds » Sun Feb 24, 2013 02:19:21 PM

So I found out that crs has not put in a judgement yet. I am still able to put in a reply :)
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RE: crs sent notice of claim

Postby geralds » Sun Feb 17, 2013 09:30:51 AM

Statement date -December 14,2012
Date stamped on form from registry -December 27,2012

Are these the dates you are wondering about?
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RE: crs sent notice of claim

Postby geralds » Thu Feb 14, 2013 05:00:02 PM

ok crs has offered that if i pay this today by borrowing money from family if i can, that they will take off the interest of over 2000. I have an appt with legal aid, my mom might help me but not until i speak with someone about it first. Why are they doing this if they can get all of the money?
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RE: crs sent notice of claim

Postby TJ.brooks » Thu Feb 14, 2013 03:18:49 PM

What would be your defense and you would need a damn good reason for the court to entertain a motion to file one now after the 14 days. Why did you not reply?
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RE: crs sent notice of claim

Postby geralds » Thu Feb 14, 2013 02:51:54 PM

can I still try to put in a defence even though it is past 14 days?
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RE: crs sent notice of claim

Postby geralds » Wed Feb 13, 2013 03:15:25 PM

The last payment was march 22, 2010.
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RE: crs sent notice of claim

Postby geralds » Wed Feb 13, 2013 03:12:42 PM

The original loan was with MBNA master card for 4,365.44, last payment was made March22. Contact Resource services Inc. purchased it on November 26, 2010, with interest and fees included the total owing is now 6,623.38.
This document is from the provincial court of B.C. (small claims court) it has been stamped and signed and includes a registry file # in top right corner.

In my first year university MBNA had a table set up and basically anyone was approved, no one had to co-sign and some of us didn't even have a job. I though I would get it for emergency but quickly found I needed it just to get by and eventually I had to drop out due to expenses. I live with my grandma and am trying to get on my feet I work part time and am doing courses at the college. I have a car thats not worth more than $2,000. I have no extra $ and they want full payment. I can't do it and I don't know how to talk to them so i do avoid them.
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RE: crs sent notice of claim

Postby TJ.brooks » Wed Feb 13, 2013 03:06:38 AM

Was it an actual statement of claim issued by the courts? Or just a letter saying you owed money?
If it was then they must first win a judgment before they can obtain a garnishee.
How old is this debt and what kind was it?
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crs sent notice of claim

Postby geralds » Tue Feb 12, 2013 06:59:09 PM

my grandma signed for a registered letter that was for me, it was from contact resource services. They sent a Notice of Claim with 14 days to reply. I didn't reply , now they say they will garnish my wages. Can they do this?
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