Just a thought,how about changing the W to B. That wouldnt offend anyone would it?

That's alright. You don't have to worry about offending any collection agent.

No Mind = No Feelings

Ray

So sorry! Thanks for the clarification...certainly didn't mean to offend anybody or group.

Sorry Mel & Alex, we can't use the word "witches" anymore. I got the following complaint by private email last weekend from a guy who took umbrage at his wife (who is actually a witch) being compared to Natale and Crew.

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"Raymond, I have dealt with Natale, and I have dealt with Wiccans. I'd prefer to deal with the Wiccans. In fact, my wife is a Wiccan. I do not appreciate you using the term in a derogatory fashion to denigrate a group of soulless pariahs. Would you call them Jews...? I do not think you would, or at least I'd hope you wouldn't."

[Name deleted]

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In future, perhaps you could refer to them as "the 'ladies with the pointed hats" or "the creatures with the pointed hats" or "the creatures with the brooms" or........... oh heck, I dunno any more.

Ray

Good to know. Now they have a man calling. I guess the witches have turned it over to the warlocks to put the heat on. I will tell them to go ahead and sue and stop calling and harrassing us.

Thank you all for your advice. Thank God for this website and forum.

By doing that, the lady with the broom was basically telling you that she has no intention of suing you. Maybe suggest that she sharpen the broom handle and stick it somewhere if she calls back.

The sheriff's office doesn't take people to court; they only enforce judgments through writs issued after judgments are awarded and defaulted on.

Ray

A woman called today and after she began her song and dance, we hung up on her. We suspect it was CBV, although they said they wouldn't call again...so it could be this new collection agency. She called back and started carrying on saying we had no right to hang up and that we'd better get a lawyer because she is going to send someone from the sheriff's office to serve my grandson because they are suing him in Small Claims court. She claimed to be from a lawyer's office, yet her phone number was not displayed. We told her fine, go ahead and sue.

Whoever, the lawyer is, I wouldn't worry about it too much. They're not going to take a 16 year old to court. The kid is a minor and you can't sue a minor for things that don't involve the necessities of life. And they can't take his parents to court either, given the circumstances of the case. Notwithstanding that, realistically, nobody would sue a 16 year old in Small Claims Court anyway.

Just tell whatever collection agent that may contact you in the future to get lost; and if they want to take you to court, to go ahead. [Don't worry, they won't.]

Ray

Thank you both for your responses. It has been a big help and relief.

The lawyer is Brian McNulty who states he works for Credit Bureau of Canada Collections so it looks like this is now a different agency. CBV did say they would no longer call and will be taking him to court.

After speaking initially with the boy's mother, when we tried to follow up the calls just went to voicemail or we got her daughter (12 yrs old) and she never returned any of the calls. Even when she answered the phone one time, she pretended to be her daughter and of course she never responded to that message either. My grandson was surprised the kid gave him the $40 (that was another random encounter at the mall). We were hoping the parents would pay the entire debt and then make their son pay them back so this was not on my grandson's record.

So, if I'm understanding your suggestion, my grandson should respond to this lawyer's letter informing him that he never purchased a phone from that cell phone company and ask for proof of the debt?

And yes, my grandson was not told he would be financial responsible (or he wouldn't have signed it) and after he signed (and gave his SIN/ and license) the salesperson told him he could leave because that was all they needed him to do. He didn't receive any documentation of the transaction.

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