Collection Agencies - Draft Plaintiff's Claim From Natale Law Office - Canada

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RE: Draft Plaintiff's Claim From Natale Law Office

Postby Illegal Firms » Fri Aug 27, 2010 10:50:28 AM


Hi Everyone,

Here are some helpful hints in dealing with this company:

If you are receiving calls from this number:
1. Do not reply or acknowledge them
2. Contact the following resources

File Complaints with:

Law Society of Upper Canada
- File a direct complaint against
http://www.lsuc.on.ca/public/a/complaints/

Natale Law Firm
c/o Deanna Natale
1490 Denison Road
Suite 100
Markham ON
905-413-8545

2.Ontario Privacy Commissioner
File a complaint against:
http://www.ipc.on.ca/english/Resources/IPC-Corporate/IPC-Corporate-Summary/?id=668

Global International Inc (Global Credit and Collections)
1490 Denison Street,
Markham, ON
L3R-9T7
905-479-2222

3. Minister of Consumer Affairs
- file a complaint Both firms for they are one and the same.
http://www.sse.gov.on.ca/mcs/en/Pages/Complaint_Steps_to_File.aspx

4. If the harassment is excessive, please contact a local lawyer that specializes in consumer law and they will take up your case.

Reasons for complaints:

Firm are conducting business practices’ in breach of the Canadian collections act, as well as breaches of Canadian Privacy Law.

Some of the breaches are as follows:

Registration

4. (1) No person shall carry on the business of a collection agency or act as a collector unless the person is registered by the Registrar under this Act. R.S.O. 1990, c. C.14, s. 4 (1).

Name and place of business

(2) A registered collection agency shall not carry on business in a name other than the name in which it is registered or invite the public to deal at a place other than that authorized by the registration. R.S.O. 1990, c. C.14, s. 4 (2).

Use of name to collect debts

5. No creditor shall deal with the debtor for payment of the debt except under the name in which the debt is lawfully owing or through a registered collection agency. R.S.O. 1990, c. C.14, s. 5.

Conditions of registration

(2) A registration is subject to such terms and conditions to give effect to the purposes of this Act as are consented to by the applicant, imposed by the Tribunal or prescribed by the regulations. R.S.O. 1990, c. C.14, s. 6 (2).

Notice requiring hearing

(2) A notice under subsection (1) shall state that the applicant or registrant is entitled to a hearing by the Tribunal if the applicant or registrant mails or delivers, within fifteen days after service of the notice under subsection (1), notice in writing requiring a hearing to the Registrar and the Tribunal, and the applicant or registrant may require such a hearing. R.S.O. 1990, c. C.14, s. 8 (2).

Confidentiality

17. (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

Use of unregistered collection agency

24. (1) No person shall knowingly engage or use the services of a collection agency that is not registered under this Act. R.S.O. 1990, c. C.14, s. 24 (1).

Employment of unregistered collectors

(2) No collection agency shall employ a collector or appoint or authorize a collector to act on its behalf unless the collector is registered under this Act. R.S.O. 1990, c. C.14, s. 24 (2).

False advertising

25. Where the Registrar believes on reasonable and probable grounds that a collection agency is making false, misleading or deceptive statements in any advertisement, circular, pamphlet or similar material, the Registrar may order the immediate cessation of the use of such material, and section 8 applies with necessary modifications to the order in the same manner as to a proposal by the Registrar to refuse registration and the order of the Registrar shall take effect immediately, but the Tribunal may grant a stay until the Registrar’s order becomes final. R.S.O. 1990, c. C.14, s. 25.

Practices prohibited

22. No collection agency or collector shall,

(a) collect or attempt to collect for a person for whom it acts any money in addition to the amount owing by the debtor;

(b) communicate or attempt to communicate with a person for the purpose of collecting, negotiating or demanding payment of a debt by a means that enables the charges or costs of the communication to be payable by that person;

(c) receive or make an agreement for the additional payment of any money by a debtor of a creditor for whom the collection agency acts, either on its own account or for the creditor and whether as a charge, cost, expense or otherwise, in consideration for any forbearance, favour, indulgence, intercession or other conduct by the collection agency;

(d) deal with a debtor in a name other than that authorized by the registration; or

(e) engage in any prohibited practice or employ any prohibited method in the collection of debts. R.S.O. 1990, c. C.14, s. 22; 2002, c. 18, Sched. E, s. 3 (1).
Illegal Firms
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Posts: 13
Joined: Fri Aug 27, 2010 09:40:58 AM
Province: ON


RE: Draft Plaintiff's Claim From Natale Law Office

Postby nameuser » Thu Aug 26, 2010 10:35:05 PM

BC 6 years

AB 2 years

But check the individual provinces websites on this, I don't keep up much with any changes that happen.

If it's stat barred then it's an easy wash but they can still try collections for up to 6 years. They just can't sue you for the debt after 2 years.
nameuser
Member
Posts: 206
Joined: Tue Sep 16, 2008 09:03:33 PM
Province: BC


RE: Draft Plaintiff's Claim From Natale Law Office

Postby DanielBl » Sat Aug 21, 2010 08:30:15 PM

A family matter.
DanielBl
Member
Posts: 647
Joined: Sun Aug 08, 2010 06:13:58 PM
Province: ON


RE: Draft Plaintiff's Claim From Natale Law Office

Postby Mandinder » Sat Aug 21, 2010 08:15:07 PM

Thank you Daniel:) What is the other matter they are busy with if you don't mind me asking?
Mandinder
Member
Posts: 3
Joined: Fri Aug 20, 2010 03:03:24 PM
Province: BC


RE: Draft Plaintiff's Claim From Natale Law Office

Postby DanielBl » Sat Aug 21, 2010 08:30:52 PM

The debt contract was taken out in Alberta so the 2 year limitation rule applies.

I think Natale is busy with another matter currently, to worry much about you..
DanielBl
Member
Posts: 647
Joined: Sun Aug 08, 2010 06:13:58 PM
Province: ON


RE: Draft Plaintiff's Claim From Natale Law Office

Postby Mandinder » Sat Aug 21, 2010 12:18:54 PM

Thank you for your response. Do you happen to know whether the statute of limitations applies to province I now live in, or the province where the debt was incurred, which was Alberta? I suppose she still couldn't sue me in Alberta if she couldn't sue me in BC...but I would like to know what the statute rules are.

Mandinder
Member
Posts: 3
Joined: Fri Aug 20, 2010 03:03:24 PM
Province: BC


RE: Draft Plaintiff's Claim From Natale Law Office

Postby nameuser » Fri Aug 20, 2010 08:49:03 PM

This is such BS. That lawyer was told to stop sending draft claims by the Ontario ministry years ago because they always use it as a scare tactic. She is an Ontario lawyer, she isn't one in BC.

If it's a 'draft claim' there is no 'real' or 'fake,' it's just a draft copy of a statement of claim.

Call the Ontario Ministry, the Ontario Law Society and file another BBB complaint on this witch.

Based on BBB files, this business has a BBB Rating of F on a scale from A+ to F.
Reasons for this rating include:

* Length of time business has been operating.
* 28 complaints filed against business
* 4 complaints filed against business that were not resolved.
nameuser
Member
Posts: 206
Joined: Tue Sep 16, 2008 09:03:33 PM
Province: BC


Draft Plaintiff's Claim From Natale Law Office

Postby Mandinder » Fri Aug 20, 2010 03:25:31 PM

I received a phone call yesterday, from Natale Law Office, regarding a debt owed to Capital One. I currently reside in British Columbia, but the card was last used in early 2007 , in Alberta, where I signed up for and incurred the debt. The story behind the debt is long, but resulted in a broken friendship. In any case, I recieved a "Draft Plaintiff's Claim" from Natale Law Office today, in the mail. It says to pay Capital One Services, LLC within 10 days, or I will recieve a "Statement Of Claim". My questions are as follows: As I now reside in Bc, does the BC statute of limitations apply, or is it the Alberta statute, as that's where the debt was incurred? How do I know if this "Plaintiff's Claim" is real or not? I've read about them sending out fake notices to people, so that's why I ask. Last but not least, can this law office really collect money from me, from Ontario, if I live in BC? Any help is much appreciated!
Mandinder
Member
Posts: 3
Joined: Fri Aug 20, 2010 03:03:24 PM
Province: BC


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