Wow if you do hire a lawyer to deal with this and they continue to harrass you even they received a letter from your lawyer, it's sooooo breaking the law. They are begging for trouble for sure.... maybe your lawyer need to send them a registered letter? Or is "registered mail" here simply meaning a verifiable mean? Educate me on this please.

One thing for sure, these bottom feeders alyways think they are above the law.

Jamiedude, what do you think of this?

Prohibited Practices and Methods in the Collection of Debts

22. (1) If a debtor sends a collection agency or collector, by registered mail, a letter stating that the debtor disputes the debt and suggests that the matter be taken to court, the collection agency or collector shall not thereafter contact or attempt to contact the debtor, unless the debtor consents to or requests the contact. O. Reg. 103/06, s. 2.

(2) If a debtor or his or her lawyer sends a collection agency or collector, by registered mail, a letter requesting that the collection agency or collector communicate only with the debtor’s lawyer and setting out the lawyer’s address and telephone number, the collection agency or collector shall not thereafter contact or attempt to contact the debtor other than through the debtor’s lawyer, unless the debtor consents to or requests the contact. O. Reg. 103/06, s. 2.

Hi, further to my earlier email, my lawyer faxed a letter to the collection agency on February 11, 2008 asking them not to contact me or my family any further and all future contacts be made through his office. He further advised the collection agency that his client (ME) do not recognize the debt and that they should respond to my lawyer in next 10 days time with documentation/evidence substantiating the legitimacy of debt. To my surprise, I received a call from the collection agency today. I advised them that I have retained a counsel and they should contact him. The lady at the other showed ignorance to the letter and said that she doesnt want to speak to my counsel but me. I said it seemed that you have not received the fax which clearly set out that you should not contact me directly and that I do not recognize the debt to which she responded that she will check the file and if there is no fax, she will call me again next week.

I advised my lawyer about this and he is sending another letter warning the collection agency to contact only him and provide the documents to substantiate the debt. Any comments on this situation will be highly appreicated. Was collection agency just ignoring the letter of my consel?

Regards

You're right... it has to be by verifiable means... registered letter, email, fax (so long as printout shows page being faxed), etc. Forgot to include that part.

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Should the collection agency call you again, simply tell them the "debt" is in dispute and you wish to be sued by the original creditor for the "debt". It is illegal in most provinces for them to call you afterwards.
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Angella, this statement is untrue. You can tell an agency anything you want, but without written response to back your statement up, the agency is well within their right to try and collect the debt their client states is owed.

With the original question(s) at hand, I have to agree with everything that has been said other than what I noted above.

I would file the complaint with Equifax, as then the creditor would need to provide proof to back their reporting. If the investigation is faulty, then you have this in your favor.

As for telling a collection agency that you are going to sue their client, depending on the client, most of them take this seriously. They don't know what the potential is, and usually put your file on a support desk and seize collection calls until they hear from the client.

canadahopeful, what I would do if I was in your shoes, is speak to an organization that handles financial matters to act on your behalf. They know the rules of the game like the back of their pimp strong hand, and are pretty decent negotiators (knowing this from personal experience).

If the agency has registered it with the credit bureau, it will have affected your rating. You will have to order a copy of your Equifax and Transunion reports to know for sure.

If so, send in a dispute claiming you have never borrowed money from this person and that you do not owe this money to equifax. Ask them to investigate the item.

Also, state the same thing to the collection agency, in writing, registered letter, and ask for verification (ie signature, statement of account) of the debt.

Let us know if that doesn't work.

Thanks for all the help and it has really given me some peace. Can you please let me know if this letter sent to me by the collection agency may have already affected my credit ratings or does it have any consequences.

Oh.,.. one more thing that just occurs to me... you cannot deduct from a paycheque, or invoice for repayment, funds that you believe somebody has stolen from you. You must press charges and/or obtain a judgment against the alleged thief.

They have not.

Should the collection agency call you again, simply tell them the "debt" is in dispute and you wish to be sued by the original creditor for the "debt". It is illegal in most provinces for them to call you afterwards.

Agree with Angela 110%. At the end of the day you can even sue them back for damages for causing all the stress you went through.

Contact a lawyer. If what you are saying is true, then they are engaging in defamation, harassment, etc.

Demand proof of the debt. If what you are saying is true, they will be unable to substantiate the debt. If they do falsify evidence, do your own research to counter it... contact the alleged clients whose money you stole for proof of the payment they allegedly made to you. They will have it, and it will contain info as to where and how it was cashed.

It is not that easy to falsify fraud. Don't be scared. If what you are saying is true, a trip to the RCMP and/or a lawyer should fix it ASAP. If this is occurring, it is criminal behaviour on the part of your former employer and there will be legal avenues you can pursue to end it.

ranzzz, thank you for your detailed response. Its so very comforting.

Since I was working as their employee, their allegations were that I took monies from the clients directly and issued receipts to the clients on behlaf of the company. In other words, their allegation was that I committed a fraud and communicated this fact to the immigration which was dismissed by immigration after hearing my version of the story although they took 2 more years undertaking background checks to acertain they are issuing visa to someone who doesnt have any criminal record as alleged by the ex-employer. I didn't have slightest of idea that this issue will come up again and this time more seriously as I am in Canada and dent in credit rating is a serious concern for me and my family.