just had a question for you folk and hopefully i can get somewhere with this issue.

I had a capital one credit card. I received a letter from Deanna L Natale Law office saying it was a "draft" but also mentioned that i would be sued if i didn't pay what i apparently "owe" Capital One. I thought the letter looked legit with me being a single dad i opted to begin payment on what i had apparently owed Captial One. That is until today.

Heres how it all went down....after being out $350 from Deanna's law office i decided to google her name and began reading which lead me to posting here today.

I called Capital one this morning and spoke with a few representatives a few transfers later i ended up at the Natale Law office. Spoke with Khrista regarding my account. She informed me that the Law office is not governed under the collection act of ontario which kind of confuses me because when i spoke to a representative from Capital One named Duncan he said that Capital one only sells off the accounts to 3rd party credit agencies in ontario after 6 months of non payment. I smell something fishy going on so i call back Khrista and she tells me to call up capital one and ask them to get transferred to the national recovery center. I comply and both the agent and her supervisor have never heard of this apparent "national recovery center". But the supervisor named Debbie(Capital One) took some of my information down and said she would call me back within 4 business days regarding my account. Now my question to you guys is this. I stopped payment on the account through Natale Law Office because i feel that seeing as i hadn't gotten a statement from capital one in about 3 years i don't know how much i exactly owe them. What should be my next course of action with regards to her sending me a letter saying i would be sued. Even though it has the word "Draft" on it isn't that misleading just a bit? And second what should i do with regards to the payment plan after i hear back from capital one that i've already paid $350.00 into from the Natale Law Office.

Any help would be grateful and appreciated

thanks

Poisonthewealthy

Yeah, but he might have to get a bigger dumpster to file them in.

Ray

Writing letters to Brian Pitkin is a good thing..

The more complaints he gets, the more he's obliged to deal with them.

For the record, I was referring to sending Pitkin the actual draft court documents referenced, not worms or anything else.

If I'd had a slight bit more time when I was typing out that post (or a slight bit more coffee.....), I'd have made that clearer.

A lot of people (probably including guys like Brian Pitkin, himself) view this website. I know that certain members of the Law Society of Upper Canada Discipline Department do.

There's a boundary that remarks must obey even when expressing valid reactions of annoyance and disgust. And so, it's not helpful and completely destroys the forum's credibility when people suggest doing illegal things like sending noxious and illegal substances in the mail. Some of these comments should be at least reedited because they do more harm than good. No one is going to take the Forum seriously with posts like that.

Ray

I'd actually send them directly to Pitkin.

So if one has received one of these bogus documents, is it best to stay silent, or, say, respond by sending the ontario lawyers their original letter?

Ok..I've received one of those documents I'll choose to remain silent - and ignore their letter. I/E no worms will be sent on my behalf. I don't aim to provoke trouble, but I'm also not oppose to anyone choosing to vent their frustrations to companies of the sort, either.

O.C.

Oh no! What's the D-Rex of Debt, Deanna Natale gonna do now?

It appears our complaining about those phoney "Form 7A's" (draft/pseudo Statements of Claim) which collection agencies pay lawyers $15 a pop to send out may have had a hand in motivating Brian Pitkin, Registrar of Ontario Collection Agencies, to no longer tolerate them..

Mark Silverthorn's website contains info on his interviews about the above issue by the Toronto Star Newspaper and CFRB 1010 radio.

http://www.collection-calls.ca/breaking-news-for-ontario-residents.html

The article also informs readers that collection agencies' manipulation through needlessly racking up debtors' cell phone charges will no longer be tolerated.

This forum has been hammering Pitkin's lack of action since Deanna Natale started flooding the country with bogus Court documents and legal threats. She did so immediatley after dumping piranha outfit, Total Credit Recovery and going with nearby Global Credit and Collections in early 2007 to spread her misery.

As Mark states, he, along with countless other collection lawyers, mailed out thousands of psuedo court documents which they knew were in clear violation of the Collections Act of Ontario, Reg. 74. But since Brian Pitkin refused to do anything, collection lawyers had little to fear.

** It should be noted that Reg. 74 (1990) of the Collection Agencies Act of Ontario has been updated by Regulation 103/06 and contains the prohibition about serving misleading court documents in Section 23(1)

http://www.e-laws.gov.on.ca/html/source/regs/english/2006/elaws_src_regs_r06103_e.htm

(Please don't get Reg. 74 confused with RSO 1990, Chapter 14 of the Ontario Collection Agencies Act.)

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c14_e.htm#BK25)

Silverthorn, on his website, fails to mention, what I've been saying all along about such practices being a direct violation of the Rules of Professional Conduct 2.02(6) of the Law Society of Upper Canada. Being a lawyer himself, who's sent out thousands of these rubbish documents, and likely not wishing to offend his peers who still do, (like David Pomer of Pomer & Boccia), he conscipuously avoids this important fact in his media interviews.

Perhaps our endless criticism of Pitkin's lethargy (or divided allegiance) may have motivated him to announce his Ministry will take enforcement action. Personally, I'll believe it when I see it. but at least he's put collection lawyers on public notice.

Ray

Has anyone had a chance to use Mark Silverthorn's services yet? If so what did you think? Surprisingly, for all the exposure and promo this forum has given him and his book, I thought at least a few people by now would have consulted him. Nevertheless, an outfit like his requires big money to keep it going. But if you're in debt, you're hard pressed to begin with.

Monty, in fact, mentioned that he wanted to talk to me. I'm not sure about what. Probably to thank and tell me what a wonderful guy I am.

Ray

With the increase in frenzied collection calls expected this Christmas season as collectors and debt buyers vie for who's going to get the biggest Christmas bonus by chasing down the most accident victims, it seems appropriate that this forum should run it's own contest to determine who the top collector in Canada is.

Admittedly, the idea was reinspired by Mark Silverthorn's gathering of the 1500 "most influential" people in the Canadian consumer collections industry; but before he sues us, we should qualify that this contest is different - we are only interested in those directly involved in collections themselves - that is to say debt buyers, collection lawyers, and of course, collection agents. Everyone knows they have friends in government regulation, consumer protection and commercial lending; nonetheless, we are confining ourselves to collections per se. Besides having only one category, it's far more practical to restrict the list to the top 10. Who the hell can remember 1500 names? Besides, what honour is there in being 1237th out of 1500? Forget that!

Also, our criteria are different. Unlike Silverthorn, we are not looking for the "most inflential," but instead, like Bud Hibbs, the "best of the worst," er I mean, the "worst of the worst" or the "worst of the best" or.......Oh hang it, you know what I'm trying to say - the biggest baddest bottom feeders out there.

It'll be a tough contest because there are so many deserving candidates. I certainly know who would be on my list. However, so as not to influence anyone's vote, I won't mention "you know who" and let you decide for yourself.

First prize is the 24 karat specimen below. But that's not all. The winning collector/lawyer/debt buyer will also to receive 10 tons of manure to go along with it to augment their job performance output.

Raymond

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