by Raymond » Sat Apr 14, 2007 12:00:00 AM
THE TIDE IS COMING BACK IN: TIFFAMY MEETS WITH INFAMY - ANOTHER FAVORITE COLLECTOR TRICK
Another favorite collection ruse is exemplified by blogger "Tiffamy's" question (from the discovervancouver.com site) about another of the Diva of Debt's tricks. I've transcribed it because it's representative of a shenanigan that keeps coming up on the Canadian Financial Wellness Group's forum and sometimes on this one.
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Tiffamy Posted - 4/14/2007 8:27:45 AM
Any help or guidance would be greatly appreciated...Back in January I had a Visa bill in collections, I contacted the collection agency and requested a settlement offer. They offered and I complied. I have the offer, the paid bank receipt and the release paper from the collection agency. In Feb. I received a demand letter from the Natale Law Office demanding payment of the balance that was waived in the settlement offer. I contact Jennifer at Natale and she said to fax her the release paper and it would be over with. I did!! Last week Jennifer left a message on my home phone demanding I call her back. I did. She says the release letter is not good enough and requested I send her copies of the settlement offer and the receipt from the bank...I did. I called Jennifer yesturday for an update and she said that Visa would not accept my prove and since they were retained by the company, they will be moving forward. I have requested a copy of my credit history from Equifax, which I received yesturday, that shows that the balance of the Visa is 0.00 and the account is paid. I did tell Jennifer this and she says there is nothing she can do. I am not sure where to turn now and in doing a google search, I found this forum. Please Help and advise.
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Your first mistake was speaking with anyone that either is Deanna Natale or anyone associated with her. You should never, never try to talk with someone who might well be Canada's worst collector - a situation aggravated by the fact that's she's a lawyer. Thus she doesn't have to follow the rules that collection agents are obliged to follow - not that they really follow them either. Trying to talk with Deanna Natale or anyone in her offfice would be like spitting into the wind of hurricane Katrina, or if you're a guy (Monty, forgive me), pissing into it.
First the good news: It's probably all just a hoax. Natale is known for suing anyone and anything she can get her hands on, including her ex-employer, Total Credit Recovery. Lately, along with newly acquired partner, Mark Silverthorn, she seems to have found it more expedient to mail out a lot of bluff letters and play the numbers. More money for less work, I guess.
Having said that, it's impossible for anyone to give you a definite answer without seeing the particulars of the agreement you signed. Who was the agency that you signed it with and was Visa still the account owner [They would be if it was a regular bank Visa]?
Some people have signed what they thought was final settlement agreement with a collection agency only to find they had been tricked into allowing the debt's limitation period to be renewed and that they are on the hook for the balance plus interest.
However, if your agreement contained unambiguous terms like, "final settlement" or '"settlement in full" along with the Visa account number and date, you're probably OK. You gave no details on where the Visa account originated, when it went into default or when you made your last payment on it.
I ask, because iQor, Inc formerly CBCL - Canadian Bonded Credit Limited - Now Iqor Collection Agency recently sent out a whole pile of settlement offers to Visa customers for 65 cents on the dollar. A lot of these Visa accounts were stats barred because of the recent 2 year limitation on action rule in provinces like Ontario and Alberta. If this was the case, then some people may have made an unnecessary payment on an SOL debt. Irrespective, that still won't revive the remaining balance of a stats barred debt (unless it's a student loan).
In any event, without knowing the particulars of your situation, it's impossible to be more definite.
Ray