Collection Agencies - What do I do... - Canada

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RE: What do I do...

Postby teknido » Thu Mar 04, 2010 01:14:31 PM

I'm sure it's more than 600...Don't they keep adding on Late fees every month? I had a rogers phone and the last 4 months on that one I didn't pay and they kept adding money to it. I ended up paying $1,000 for the last 4 months of no use after it hit my limit of 500. Oh well...I'm not to worried about a job right now I was just thinking of one soon and was curious if they'll garnish me. There is no way they can find me unless they somehow know I have a job once I get it. There is nothing under my name with the address I have now and before this oh and I guess before the two with my bf...interesting. I think my bill for telus was at my dads ho use but my dad said I don't get telus mail there so who knows wth is going. I'll see soon.
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RE: What do I do...

Postby Millie P » Tue Mar 02, 2010 03:08:42 AM

Not much better to ruin your credit over text messages and phone downloads. You'll see how much this ends up costing you going forward.

With respect to being garnished while Telus likes to sue people it is still a pretty small amount. If you figure $400 + I'm assuming you got a free or discounted phone so another $200 for a total of $600. I hope they sue you but they likely won't so until you get a statement of claim I wouldn't lose any sleep over it. I'd say less than a 0.1% chance you get sued.
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RE: What do I do...

Postby teknido » Mon Mar 01, 2010 11:54:26 AM

No one is going to get a judgment over $75 so garnishing isn't going happen but congratulations on ruining credit over a pathetic amount.

Not 75$...the first payment was 75$ and I didnt pay it for at least 3 months and I downloaded lots of stuff + I did lots of texting. The bill was probably around 400, I believe that was my cut off. And since then I have not been to Telus to pay...ever. It kind of just slipped my mind and I forgot about it so long that I literally forgot I was even with them.
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RE: What do I do...

Postby Millie P » Mon Mar 01, 2010 03:48:30 AM

It was taught if Civil Procedures but I don't remember the specific legislation. It is called substitute service and allows a plaintiff to request permission to serve either a relative, your employer, or just post the statement of claim somewhere where they believe you will see it. You have to have tried to serve via traditional methods first and if that failed apply for permission to do this.
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RE: What do I do...

Postby Ottawa_Chap » Sat Feb 27, 2010 08:13:27 PM

"Re: frustration of service -- you don't get an extension but if you can argue that the individual has made it impossible for you to serve them you can go before a judge and petition for alternative service which doesn't requiring finding the individual. "

This is interesting information, I don't recall ever coming across this rule before? That said, Millie can you tell me/us if this is a Provincial law, or, Federal? I'd like to have a copy of that legislation in my database.

Thanks,

O.C.
Infuriating one C/A at a time..
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RE: What do I do...

Postby Millie P » Sat Feb 27, 2010 02:53:46 AM

No one is going to get a judgment over $75 so garnishing isn't going happen but congratulations on ruining credit over a pathetic amount.

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Re: frustration of service -- you don't get an extension but if you can argue that the individual has made it impossible for you to serve them you can go before a judge and petition for alternative service which doesn't requiring finding the individual.
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RE: What do I do...

Postby Marquisse » Fri Feb 26, 2010 08:16:38 AM

They can only garnish you if there has been a judgment in their favour.

They can only garnish you if they know where you work, as well.

If they have not commenced legal proceedings against you and it has been 2 years since the date of last activity on your account, then they no longer have any legal remedy in which to sue you given that the Statute of Limitations is 2 years and would be run out. They can only harass you until you give them sufficient and provable notice (registered letter) to cease and desist from contacting you.

Finally, and perhaps one of our more knowledgable posters on here can clarify, but I remember in debtor/creditor law class (ontario) hearing about provisions that allow the creditor to ask for extensions to the court (to properly serve) if they can prove that they have done everything reasonably possible to find the debtor and that it could be reasonably ascertained that the debtor is purposely hiding from his/her debts. So, if they cannot serve the debtor because the debtor is hiding from their obligations but have commenced proceedings, there are provisions available to them. I can't recall the specifics.
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What do I do...

Postby teknido » Fri Feb 26, 2010 07:43:00 AM

Hi.

Over two years ago I signed up for Telus and got it free right at the counter, didn't even have to pay anything up front till my first bill...which was good! because it was going to be around 75 bucks. After having my phone for 3 months letting the bill rise they cut me off and since then I have not contacted them and the day I was cut off I left my job. So now I haven't had a job, phone, or any address they know of for over 2 years and they have no way of contacting me. I'm thinking of getting a job soon since I've had a nice free ride for a while thanks to my new bf and I wanted to know if they will garnish my wages right away or notice I have a job and start calling them? Because I don't plan on getting a phone plan, just minutes. ;D Any help is appreciated.
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