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    atmMatrix's Avatar
    atmMatrix Posts: 11, Reputation: 1
    New Member
     
    #1

    Dec 14, 2006, 12:05 PM
    Statute barred collection agency.. draft letter
    Hi
    Canada Bonded Credit Limited recently some how got hold of me.
    They are trying to collect on a debt which came into effect on Jun22, 2004. According to the Ontario Statute of Limitation, they can no longer collect on this.

    I wanted to send them a letter to "validate" the debt.
    Can anyone give their opinion if this letter is OK. My primary concern is whether I am admitting anything in this letter.

    Also, do you think I should add a "without Prejudice" at the top?

    The letter draft is as follows...




    Canadian Bonded Credits Limited
    1210 Sheppard Avenue East
    North York, ON M2K 1E3
    Date: 14th December, 2006

    Re: Acct #

    To Whom It May Concern:

    This letter is being sent to you in response to a notice sent to me on December 11, 2006). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Collection Agencies Act that your claim is disputed and validation is requested.

    This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Act. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

    Please provide me with the following:
    • What the money you say I owe is for;
    • Explain and show me how you calculated what you say I owe;
    • Provide me with copies of any papers that show I agreed to pay what you say I owe;
    • Provide a verification or copy of any judgment if applicable;
    • Identify the original creditor;
    • Prove the Statute of Limitations has not expired on this account
    • Show me that you are licensed to collect in my state
    • Provide me with your license numbers and Registered Agent

    At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
    • Violation of Collection Agencies Act
    • Defamation of Character

    If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

    Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

    If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
    I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

    It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
    Best Regards,
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #2

    Dec 14, 2006, 12:45 PM
    Looks good, straight and to the point, not admitting anything.

    Your request for validation is good, request a certified copy of the original contract to see if they even have it.

    Good Job!
    atmMatrix's Avatar
    atmMatrix Posts: 11, Reputation: 1
    New Member
     
    #3

    Dec 14, 2006, 01:22 PM
    Mr. Yet, thanks for the kind words. What about "Without Prejuiice". Do I need to add that as well?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #4

    Dec 14, 2006, 01:24 PM
    Quote Originally Posted by atmMatrix
    Mr. yet, thanks for the kind words. What about "Without Prejuiice". Do I need to add that as well?

    That would optional on your part, but wouldn't hurt.
    Kaoz's Avatar
    Kaoz Posts: 1, Reputation: 1
    New Member
     
    #5

    Jan 21, 2007, 12:49 AM
    Putting "Without Prejudice" on the letter would be a wise move on your part. This way, it can not, in ANY way be used as any kind of acknowledgment of the debt.
    syedmuradali's Avatar
    syedmuradali Posts: 4, Reputation: 1
    New Member
     
    #6

    Jan 21, 2007, 05:25 PM
    Kaoz,
    I agree with you. I DID put it in when I sent it. Ever since I sent the letter, the calls stopped, automated and manually operated. I have read lots on this forum about Canada Bonded Credit being a pain and not listening to you and not stop calling.. but it seems they have changed their habits. Perhaps this forum has been a vital component in setting them straight. I would like to thanks peiple like the type of Mr. yet, and captain, who use their busy time to help people like us out!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Jan 21, 2007, 06:29 PM
    Actually I do have some problems with the letter. It appears that letter was designed for a United States agency. There are references to Federal and State that I don't think apply to Canada.

    Second, If the notice you are responding to was the first notice you received, I don't understand why you are taking such a belligerent and adversarial position. I think you need to throttle it down a few notches. Drop the threats, for example, almost the whole last paragraph.

    Third, if you are going to cite the law, then do it right. Make sure you cite the exact law which would include the year and any statute number. The same thing goes for specific provisions of the law.

    I would change it like so:

    To Whom It May Concern:

    This letter is being sent to you in response to a notice sent to me on December 11, 2006). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Collection Agencies Act (full cite here) that your claim is disputed and validation is requested.

    I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Acceptable evidence is listed below.

    Please provide me with the following:
    • What the money you say I owe is for;
    • Explain and show me how you calculated what you say I owe;
    • Provide me with copies of any papers that show I agreed to pay what you say I owe;
    • Provide a verification or copy of any judgment if applicable;
    • Identify the original creditor;
    • Prove the Statute of Limitations has not expired on this account
    • Show me that you are licensed to collect in my state
    • Provide me with your license numbers and Registered Agent

    I will expect that, under the terms of the Collection Agencies Act, you will not proceed with further action to collect this debt until the requested info is provided and I have a chance to review it and respond to it. Such action will include, but not be limited to filing any negative information with any credit bureau, dunning calls or letters or similar activities. Any such action will force me to take appropriate legal action.

    If your offices are able to provide the proper documentation as requested, I will require at least 30 days to review investigate this information. I will contact you within the 30 days with my determination of the validity of your claim.

    If your offices fail to provide the requested information within 30 days from the date of your receipt, I will assume that you cannot provide validation of this debt. Further I will expect all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

    I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to pursue further legal action. All future communications with me MUST be done in writing and sent to the address noted in this letter.

    Sincerely
    ,

    Some more points on the changes I suggest. Since you are sending this letter on your own, they are not going to take threats to sue too seriously. If you were that serious, this letter would come from your attorney, not you personally. If you want to be taken seriously then don't come on with threats and bluster.

    On the other hand, you need to show them you are serious and that you have done your homework. That's why you need to be specific when you cite the law.

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