by Raymond » Thu Aug 07, 2008 03:33:10 PM
Generally, it's true that mindless collection agencies won't sue someone without assets; nonetheless, sometimes they do. However, in this case, my advice is
DON"T WORRY, BE HAPPY!
The lawyer's letter is probably from Mark Silverthorne or Joel Miskin, but they're not going to sue you. CBV, probably their Yonge/Eglinton location, are a completely mindless, moronic bunch of misfits and pathological bluffing liars. Almost as bad as those at Financial Debt Recovery, Total Credit Recovery, Total Credit Recovery or the wiccans who work the cauldrons at Natale Law Offices. (Right Jamiedude?)
Next time they call you, have a laugh and tell them, "Let's get it on in court!" Seriously, have your grandson pull free copies of his TransUnion and Equifax reports. I'll bet the item's not even on there. Even if was, no matter by now.
The age of majority in Ontario is 18 and so your grandson's erstwhile 16 year old friend would not be allowed to legally engage in contracts except for the necessities of life - which I doubt a cell phone would be considered as. The Age of Majority & Accountability Act sets the minimum age in Ontario to enter into contracts, and thus to be sue or be sued without a guardian as 18. That's why your grandson's signature was required.The cellphone salesperson needed someone they could put on the contract who was at least 18.
By the way, if it's true that your grandson was not EXPLICITLY told or otherwise, was implicitly mislead by the unconscionable and eager salesperson that he would only be a witness, instead of the principal in the contract, there would likely be a basis for voiding the contract through misrepresention - even if that conflicted with what was in the written agreement.
As a practical matter, I wouldn't worry about CBV too much. Trust me, they are a bunch of jokes. If they call again, have a good laugh and tell them to sue you. Of course, they won't. The problem, now, is they know they've got you scared and on the run. You have to be proactive and change that notion.
Ray