Making Money - RE: Protecting Collection Agents - Canada

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RE: Criticizing Collection Agencies. Brian Pitkin

Postby montyloree » Sun Aug 21, 2011 05:46:28 AM

If you do a search for Brian Pitkin
http://www.google.ca/search?q=brian+pitkin

Mark Silverthorns site comes up first, and then comes up second... we have tons of discussion with regards to Brian Pitkin...

Brian Pitkin on Market Place
http://www.youtube.com/watch?v=ayhCs1ubKPM

I am less respectful of Brian Pitkin now that I've seen his interview on CBC's MarketPlace... that was disgraceful and makes my blood boil... AGAIN
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RE: Criticizing Collection Agencies.

Postby montyloree » Sun Aug 21, 2011 05:37:56 AM

With regards to criticizing collection agencies and Consumer Protection....
I could comment all day on that...

I was horrified to see Brian Pitkin on CBC talking about the fact that "he's doing his best" and "what can he do?" if the collection agents don't abide by the rules...

Lets Look at this from Brian Pitkin's stand point..

If an individual has a problem with a collection agency, the individual needs to document what happened, the time, the date, the agent's name, the agencies name etc...

The individual needs to keep records of what has transpired as if he is going to take the collection agent to court... this will give him adequate proof that the collection agent/agency has done something wrong.

"Write letters of complaint to your local consumer protection to complain about collection agencies..."

If the individual doesn't keep these notes, then he is much less powerful than the collection agent/agency who has documented much of the transaction... and who knows the rules better...

The collection agency has in house lawyers, or third party lawyers who are well skilled in keeping their company out of trouble... this is an advantage that the individual doesn't have...

The collection agency has been keeping themselves out of trouble for along time... they're skilled at it... they've got the resources...

Usually, the individual is slightly annoyed, and inexperienced in dealing with a collection agent/agency... they're not lawyered up, and probably don't have the cash to hire a lawyer...

This is Brian Pitkin's problem...

That is why I've tried to explain to people...

Write letters of complaint to your local consumer protection to complain about collection agencies...
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RE: Criticizing Collection Agencies.

Postby montyloree » Sun Aug 21, 2011 05:29:08 AM

DanielBl...
Deanna Natale hired a lawyer to write a letter of potential suit if I didn't remove a bunch of stuff that Raymond said about her...

You don't have to pay for the legal costs, I do!!

That's not the first time I've had a lawyer contact me, or a collection agency threatening to sue me and the company for things said on this site...

I am responsible for all things said on this site, whether I say them or not...
As such, I am really excited to have people keep the conversation upbeat and helpful....

The problem with alot of internet conversation is that it's heresay, and hard to back up....

That's my problem with slander... and especially on a public forum such as this...
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RE: Criticizing Collection Agencies.

Postby DanielBl » Sat Aug 20, 2011 07:11:26 PM

http://www.oscagencies.com/code_of_ethics.php

Hah-Hah, Ho-Ho-Ho-Ho, Tee-Hee, Guffaw, Choke, Gasp, Hardy har-har. Thanks for the link, Monty. Code of ethics? That's a good one!

PS: If I ever take a greyhound bus again, I'm going to take a good look at the driver's face before I get on.
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RE: Criticizing Collection Agencies.

Postby DanielBl » Sat Aug 20, 2011 07:04:04 PM

At this point, it wouldn't be a bad idea for the website owner as well as other posters to consider what actually constitutes libel, slander and defamation. The latest installment involves a collection agent threatening to sue the forum for slander. Actually, slander refers to injury incurred by oral means, whereas libel refers to harmful statements made in the media. Thus it's actually libel the latest aggieved visitor, Mr. Wettlaufer, is referring to.

Canadian law isn't exactly the same as US law, and so I thought it would be helpful to list one of the many links explaining what principles are involved. The one below comes from the Toronto downtown law firm of David Potts, and includes a section on the emerging field of cyber libel lawsuits.

http://www.cyberlibel.com/libel.html#Number%208

It's worth studying because we all have to be careful what we say on the web. Besides, the forum owner, posters could also be held responsible for any careless remarks.

As per the link above:

In a libel action, the plaintiff must prove three elements of the tort of libel:

1) The statement has been made to a third party.

2) The statement referred to the plaintiff. (This does not mean that the statement has to refer expressly to the plaintiff. A statement can be actionable if it is reasonably capable of referring to the plaintiff).

3) The statement must be defamatory, which means that it must be a false statement to the plaintiff's discredit.

DEFENCES TO LIBEL

There are three principal defences to an action for libel:

1) Truth/justification. The defendant will succeed if they can substantially justify or prove the truth of the "sting" of the offending statements. Close analysis of the defamatory statement will avoid launching an ill-considered lawsuit.

2) Fair Comment. This defence will succeed if it can be shown that the statement is comment on facts truly stated. It can be defeated by evidence of malice.

3) Qualified privilege. This is a complicated legal defence and its application varies with the circumstances.

Note that 3 elements are necessary to constitute a tort, while only one is necessary for a valid defence.

In this particular case, I was careful to ensure that I was merely transcribing facts contained in a public communication by the Ministry of Consumer Protection. And, furthermore, I diligently checked that I had the correct person by contacting his employer, as well as asking him in writing if he was the same individual. The collection agent chose not to answer any of those questions, but it was impossible to do more to corroborate the facts.

The action could not be construed as malicious as it involved a matter concerning the public good; to wit: the screening of collection licenses to unqualified individuals who are entrusted with the transfer of large amounts of money from the public.

In this instance, the mere fact that what was being reported was completely true would constitute a perfect defence to any suit launched by the angered collector, who would then be also responsible for the defendant's legal expenses as well as his own.
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CMA on CBC.ca/marketplace !!

Postby montyloree » Sat Aug 20, 2011 06:05:25 PM

OMG... I just saw the episode of CBC's Market Place that talked about Global Collection Agency, Deanna Natale...

http://youtu.be/Fjp4X1bfGkg ( same link as below)

http://www.cbc.ca/marketplace/2011/debtcollectordread/links.html

CBC contacted me for information for that Market Place show...

I was happy to see that they showed /threadview/457.html on their show... FINALLY...

I helped out Market Place before with regards to Advance fee loan scams and got no credit for my hours of work...

BTW... I was horrified to see how Brian Pitkin admitted on National TV that he was completely powerless!! He admitted that he could only do so much if the collection agencies weren't in compliance!!!

OMG... that's completely crazy!!!

And to think the whole Deanna Natale / Global collection agency discussion started on this site!!

/threadview/457/1161/58.html

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RE: Criticizing Collection Agencies.

Postby DanielBl » Sat Aug 20, 2011 03:10:57 PM

10000000000000% right! When you speak to him on the phone, he presents a really caring attitude. But it's all dissembling. See the Erica Johnson interview with him on CBC's Marketplace [on You Tube].
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RE: Criticizing Collection Agencies.

Postby Zacksdad » Sat Aug 20, 2011 03:05:01 PM

That seems to be a recurring theme with Pitkin,its the governments fault about the laws. He just passes the problems on ,he never mentions the fact that he doesn't do his job. What is the point in having more laws if he doesn't even do much with what there is now. Sure the laws need to be changed but until he is gone and the person hired actually does something nothing will be done.I cant believe how someone can keep their job with doing as little as he does.
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RE: Criticizing Collection Agencies.

Postby DanielBl » Sat Aug 20, 2011 03:06:05 PM

Sorry Monty, you don't know Brian Pitkin. Even collection agents on this forum were appalled at his attitude. Didn't you see the CBC news "Marketplace" video on him posted by Fightback? How do you think Deanna Natale got away with all the stuff she did? Why do think Mark Silverthorn, on his website, is calling for his removal by Dalton McGuinty? He got away with that schtick about getting people to write in for years. Eventually, everyone realized all they were getting back were form letters telling them to get lost.
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RE: Criticizing Collection Agencies.

Postby montyloree » Sat Aug 20, 2011 02:39:29 PM

DanielBl,
I've spoken to Brian Pitkin on the phone... I've spoken to pretty much every provinces consumer protection on the phone...
At the time I was exceptionally frustrated...

Brian Pitkin said it best..."if you want the government to do something about it, you've got to complain in writing" further, "we work with things get the most complaints"

At the time, I spoke to Brian Pitkin it was regarding credit bureaus, however, the fact is still the same... people need to complain to consumer protection, in writing, in order to get anything done...

It's a painful process for the consumer to complain in writing and as such that's why it's not done as it should be...

I always think of it this way... if every consumer complained to consumer protection about every collection agencies error, in writing, that would slow down the collection agencies... they would have to reply to each and every complaint that was raised against them... practically speaking that would be a night mare for every collection agency...

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