Collection Agencies - Requesting Proof - Canada

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RE: Requesting Proof

Postby Ottawa_Chap » Wed Apr 21, 2010 10:56:31 PM

Glad to hear you were able to make use of that letter and obtain some peace as a result of putting it (or something like it) to work.

You might still receive the occasional letter in the mail demanding payment, etc., but from my experience those can be ignored. I still have one agency (I believe) calling me from time to time, I don't have a clue which one, because whenever they call I tend to answer with "Juan's Pizzaria and Pet Store", and well, nobody bothers to ask for me. ;-)

O.C.
Infuriating one C/A at a time..
Ottawa_Chap
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RE: Requesting Proof

Postby Marquisse » Thu Apr 15, 2010 07:39:20 AM

I'd also like to thank you, OttawaChap. Recently, I posted a letter that was a second letter I sent to a C/A in Ontario. The first was a request for proof and c&d in contacting me in any way except via Canada Post. This letter was a Validation Request, as they call it in the U.S., requesting proof that the debt is legitimate with such things as the contract I signed, etc.,etc.

I was told here they did not have to provide this to us, however I obtained legal advice before sending the letter and was told that C/A's must provide the information proving the debt (such as the original contract). It seems that you are backing up the advice I received.

Just so you all know, my request for proof letter was never responded to, and I have not heard from the C/A since early February. It seems to have worked for me.
Marquisse
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RE: Requesting Proof

Postby lilvixen » Mon Apr 12, 2010 05:47:25 PM

Thanks so much for the info!
Yes, the statute of limitations has run out, at least a few years back. That is our main issue! They've been contacting us and harassing us about this for months now and they can't even legally collect it!
GRRRRR....
But thanks for the advice. It was really helpful! :-)
lilvixen
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RE: Requesting Proof

Postby Ottawa_Chap » Mon Apr 12, 2010 05:44:14 PM

Go here and D/L my Cease and Desist template. Just update the first line to read: "Pursuant to my rights under ONTARIO REGULATION 103/06," as the act was updated.

http://www.docstoc.com/docs/16640811/Cease-and-Desist-template-letter-for-Ontario-residents

Fact is, the agency is legally required to supply this information upon request. Gut feeling is that they would rather avoid putting in the effort to dig up the requested information. Show them you have a grasp on the law by faxing down a written request. It'll go a long way should they opt to drag you into any courtroom - that's assuming that the debt is not Stats Barred by now?

O.C.
Infuriating one C/A at a time..
Ottawa_Chap
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Requesting Proof

Postby lilvixen » Mon Apr 12, 2010 10:18:54 AM

Hi all,
We have requested proof of debt from a collection agency that keeps calling us. When we reminded the agent of this request (months after the initial request) she said that proof of the debt is only provided when they sue us and we see them in court.

Is this correct? Are they not supposed to provide us with proof if requested? And can they continue to contact us while we are waiting for the proof to come in the mail?
We live in Ontario, if that helps at all.
Thanks so much!
lilvixen
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Joined: Wed May 06, 2009 06:56:11 AM
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