Collection Agencies - Panicking - Canada

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RE: Panicking

Postby AmosNandy » Mon Jun 11, 2007 08:02:28 AM

Dont worry Calendar Girl. There is lots you can do. Depending on what it is you want. I am assuming that you dont want to go to court and you dont want to pay.

I dont blame you. Even the original credit company didnt give you any money. They only monetized the amounts that you signed for at the stores/places of business where you used the card. By the way, those little slips of paper are worth BIG dollars to the credit card companies. They have been paid in spades long before you send them a dime. You are doing THEM a favor by allowing them the use of your signature on what amounts to a legal bill of exchange every time you sign a CC receipt at a store.

The fact that they have the nerve to ask you to pay for it, charge you interest even and then get all pushy with you means they are just as big collection agencies as the collection agencies.

Your account is in the hands of Total Credit Recovery. Did you consent to your account being transferred to them? Not likely.

The fact that they did take an account over(a 2 party account of which you were one of the parties) WITHOUT the consent of one of the parties(you) constitutes legal trespass.

Write them a letter(make a copy for your own records) and tell them that you do not consent to their intrusion into your private contract. Inform them that they have already committed legal tresspass by doing so and committed fraud by trying to extort the money from you.

It doesnt mean that you intent to pursue them in court. But they dont know that--and their legal advisors will take notice that you have expressed that they dont have your consent.

Even if they somehow miss your letter, dont worry about court either. Even the courts of the land cannot proceed against you without your consent. A lawyer cannot proceed against you without your consent.

Sadly too many of us dont know this and dont realize that silence constitutes consent. We get a legal looking letter from a law firm that says we must show up in court to contest...whatever. And we think..."uh oh---I guess I gotta go to court then"

If you do nothing and just show up in court, you have given your consent.

If however, you mail them back and tell them that you dont give them permission to make a legal determination about you--they cant proceed. And they know it.

If you do decide to show up in court. Dont expect the judge to be on your side. He may and he may not--- I know that they get 30% of all fines they levy in court....but I dont know about third claims court.

In any case, he is just a third party collector and court is not about truth but about argument.

You are the one with the power in your own affairs.

Good luck and have fun with it.

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RE: Panicking

Postby Raymond » Sat Jun 02, 2007 12:04:08 AM

Total Credit Recovery Agent Waiting For Next Client: "No account too small - We seize them all."

Methinks they would have filed a statement of claim in small claims court by now if they were gonna sue you. TCR, next to Natale Law Offices (the ex -TCR lawyer), are among the nastiest in the country and so they would quite likely take you to court for that amount, but they may not have the creditor's permission.

Also, if you're in Alberta or Ontario, there's a 2 year statute of limitations on the account, not 6 years. If your account arose in those provinces, they may be out of time by now and bluffing you. Without details, I can't say for sure. Maybe good ol' Wayne Macleod at 416 774-4150 would be good enough to tell you if you give him a call. I understand he doesn't usually return calls; however, just tell 'im you got some money for them - that should do it.

As for me, I think you should call their bluff and tell them to sue you. Nothing to lose really and lots to gain.

Don't bother trying to go higher up. They just get nastier and more greedy the higher up you go. Like blogger Lisa Cohen aphoriized regarding her experiences with TCR: "The fish rots from the head." Ex TCR employees would agree.

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RE: Panicking

Postby CalenderGirl » Fri Jun 01, 2007 07:39:36 PM

Yes I do owe capital one money from when i got the card about 2 years ago ...when i called capital one they sent me to total credit recovery and i called them and tried to offer some way to pay it and the girl informed me that they r trying to take me to court for the blance and the only way to avoid that is to pay the full balance which obviously i dont have. So I am wondering what should I do? should I go to a higher person in the company to dispute this or not?
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RE: Panicking

Postby montyloree » Fri Jun 01, 2007 02:25:44 PM

Hey CalendarGirl,

So... do you owe the money?... It was hard to understand that from your post.
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Postby CalenderGirl » Fri Jun 01, 2007 02:13:08 PM

Ok so I apply for a loan from citi finacial the guy tells me the only thing that stops me from getting the loan is a pat derogatory account ((after my bankruptcy i got a credit card from capital one)) from Guess who Capital one...So he gives me the number to total credit recovery and I find out they wont do anything unless they get payment in full they have already submitted it to court and are supposidly going to be taking me to court to collect the full amount which of course i do not have nor do i have aloan of any kind OR a house or anythign of value...anwyays this has me in a panick the girl says there is nothign she can do unless i pay 1292.46 in full only then will they stop a lawsuit should i panick now?
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