Thanks to Nameuser for that link. I wish I was more familiar with Manitoba. Anyhow, with that info, you can settle if you want for whatever or tell them to take you to court. If they haven't done so by now, it's pretty unlikely they will. You could also complain about them, but you'd have to take 2 weeks off your life to do all the paperwork.

That's probably why, all along, they avoided giving out any account info. They wanted to sucker you into paying all sorts of bogus penalties and interest. Normally, they could be penalized for up to 300% of any excess if you filed a complaint. But once they knew you didn't have any bank statements or receipts, they figured they were safe to try and scare someone who didn't know the system into over paying big time.

It's too bad that you couldn't make a formal complaint against these scam artists because they are going to continue the same scheme with others.

Ray

Thank you for that link I went and so far no claim againest me at all

Casey,

The collection agency is the only ones you have to deal with now. The rental company has written off the loss and has passed it on to the collection agency to see what they can collect from you. The rental company has done this as they do not want any negativity/bad press, in the news paper if this did go to court. Most companies handle it this way.

The collection agency should have sent you a letter, stating the company name, their registration number, their contact info and the amount they say you owe.

They should not have contacted you by phone until 3 days after receiving this letter. If you haven't recieved a letter, when they call, tell them to send you a letter stating what they are claiming, and that you will only responed to it, and nothing else by phone. (they will keep calling until they recieve your registered mail)

When they call, you do not have and shouldn't respond to any of their questions. Ask for their name, company, and record the time they called for you records. They can only call during certain hours and only so many calls.

You need to send them a registered letter, so that you have proof that you have responded to them .

All you need to have in it is:

The date, the number of the claim, and state that you disbute the charges.
Do not contact me by phone or mail, at my home or place of work, about this claim any further.
Do not put this clam on any of the 3 major credit reporting companies and if you already have, follow up and let them know this is being disputed.
sign it, send it registerd mail, over night service, so they won't be able to call or contact you in any way.

They can not contact you after receiving your letter.
They should not have and can't threaten to take you to court.

If they do decide to take you to court, it is in your home town in Alberta and not BC. It will cost them more to pay a retainer ( far more than what they will be able to collect)for a lawyer in your town, or send their own, so I would bet you never hear from them again.

In Ontario, if it went to small claims court, you may have to pay the full amount if you loose and the maximum is 500$ for their lawyer and the court cost of 85$.

Hope this helps.

Expect debt collecters to be very demanding on the phone for payment. They are trained to intimidate you. They can only make you feel intimidated when you do not know what they can and can't do. The canadian goverment has websites on this topic... not for $99.95.. $24.95.. not even $19.95.. but belive it on not... FREE!!!

Here is a letter I sent to a collection agency for a disputed charge from my insurance company:

Written without prejudice.
Registered Mail # ________________________________

My name here
My adress here.

D&A Collection Corp.
131 Brunel Road.
Mississauga, Ont.
L4Z 1X3

Nov. 16 2006
Re: Dispute of Collection Action: Case # ___122****00_____

Dear, Manisha @@@@@y

I do not believe that I owe this, and I dispute it and I suggest the matter be taken to court.

In accordance with Consumer Protection Act, I am hereby requesting that you confirm and validate the fact that I owe this debt, in writing and the following information mailed to me:
1.What the money you say I owe is for.

2.How you calculated this amount, in a way I can understand.

3.Show me my signature on the contract, and a copy of the contract, with T&D, where I agreed to pay what you say I owe.
4.Provide me a record of all my payments to T&D.

Please provide this letter to the company for whom you are collecting so that they have notice of my dispute.

Furthermore, any reporting of this matter to a credit reporting agency is premature. Until you have investigated my dispute, you and T&D, should not relay negative information to a credit reporting agency. If negative information has already been reported, you and T&D will need to notify the agency to remove said report until the disputed case is over, so that my credit report remains accurate, or at the very least, my credit report should be updated to reflect my dispute. I demand proof that you and T&D have done so.

Finally, cease and desist from contacting me in this and any and all related matters, except via Canada postal mail, to the above supplied address, and only then to inform me that you are terminating all efforts to collect or the above validation documents requested or that you are taking specific court or legal action. All future communication must be in writing only. Do not contact me by phone at home or my place of employment.

Sincerely,

Tex #$^%

I went into: http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/ and filled out form 9A, so that I was prepared if this was to go any further, as you only have so many days to responed to the court.
I have'nt heard anything back since sending this letter.

Transunions website: http://www.transunion.ca/ca/personal/creditdisputes_en.page has all the info on what happens with them on how things get put on or taken off and how long it is on your report.

Goverment website for what collection agency can and can't do, and how to deal with them http://www.gov.on.ca/mgs/en/ConsProt/STEL02_045978.html

Hey Casey,

My ebook has examples of dispute letters.
/canadian-credit-repair-ebook.html

You need to send it to the creditor, collector and respective regulatory bodies.

Question:

I am preparing to write a letter to dispute this claim.

Can anyone let me know where I can find a good sample online regarding dispute letters?

And do I need to send it to the collector or the creditor?

Thanks,

Casey

I am honest and am prepared to go to small claims to fight this, as I believe the cost and the nature of the repair are totally unreal and unacceptable.

My reasons for wanting to call their bluff and avoid court is that I am in Alberta and they are in BC, I don't want to necessarily pay to fly out there to defend such a thing. I will if I have to though (at least I can visit my family while I am out there)....

Speaking of disclosure, the collection agency has decided to start calling me without sending me proper written notice of the supposed debt. I intend to use that as well...

I also intend to inform Equifax of the upcoming dispute so that the creditors/collectors are unable to affect my rating...

If your story is honest I would tell them to bring you to court. Without a signed acknowledgement of damage and the fact they rented to 3 other people after you the onus will be on them to prove you did the damage. Worst case, if they do file in court...ask for disclosure to see their evidence. If you think you'll lose, settle with them. I highly doubt they'll take you to court.

The story is a bit long, if people want to jump right to my question look near the end of this post. Thanks

Story Starts
********************************

In August 2006 I rented a car using my own insurance (a lesson I won't forget) and there was a small accident where the lens of one of the tail lights was busted (backed into a bush)...

The amount of damage was small and shouldn't have cost more than 150$ and the agent working the desk told us not to worry about it as the waiver I signed should cover it. He made out a damage report but neglected to have us sign it.

Anyways, fast forward to late Septemebr 2006 I get a call from the rental company that I owe them money to fix the damage to the truck and the final bill came out to be 1053$... They argue that there was a scratch near the light that needed to be fixed... I think that they and the autobody shop (or one of them at least) decided that since it was on my dime that they should go ahead and charge as much as they could, which they did...

I am arguing that I am not liable for the repair of the scratch on account of a couple of things.

1. Three other parties had rented the vehicle in between the time when I had returned it and the time they had taken it to the autobody shop for estimates.

2. The autobody shop did not provide an explanation as to why the repair was deemed "necesary" (a key word in the rental contract). I figure if they are going to get the insurance company involved they need better documentation than some poor photos, which don't identify the scratch, and a simple estimate for parts and labour.

3. No one signed the damage report admitting responsibility.

4. They charged me 200$ for "loss of use" when in fact they were able to rent out hte truck to other parties before taking it in, demonstrating that they were able to take it in at their own convenience.

***************************
End of story, more or less...

Anyways, they charged my Visa card and I disputed that charge, which Visa agreed with and told the rental company to go away. Visa said since they applied the charge beyond the 90 day window they are given it was rejected.

Now, a year later I have received a call from a debt collector telling me that I need to pay up or I will have to go to court...

I am thinking that they are bluffing, does anyone think that a collection agency (Fraser Collection Services ltd) would go to small claims for commission on a 1000$ debt?

They supposedly have their own legal department (but I don't think they have their own laywers) which would suggest that they may be more prepared to go to small claims since they have a legal department already on payroll...

Any thoughts?

Thanks,

Casey