Collection Agencies - Needing advice on CRS - Canada

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RE: Needing advice on CRS

Postby dogday333 » Sat Sep 10, 2011 05:53:54 AM

CRS sent me a registered letter with the legal documents stating that they were issued on August 12, 2011. The mail arrived on Friday, September 2, 2011 (long wekend). September 2, 2011 is exactly 20 days from issuance. I still have the registered envelope stamped August 31, 2011. My question is: As I'm allowed 20 days to file a defence was this up on the day that I recieved the Plaintif's Claim or do I have 20 days from the day the letter was delivered? Thank you.
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RE: Needing advice on CRS

Postby TJ.brooks » Thu Sep 08, 2011 10:39:03 AM

Rest assure...they will be presenting the letters you wrote admitting to the debt
which will make it very clear you owe them. The circumstance of hardship will be dealt with by the judge if they do decide to go to trial.
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RE: Needing advice on CRS

Postby TJ.brooks » Thu Sep 08, 2011 05:53:52 PM

There will be a Discovery conference before trial. It is here that both parties show their hands. All your documentation that you would be relying on at trial
must be presented here or else the evidence will not be allowed at trial.

The same applies to the other party.

Many suits are settled at this point as both parties then know what they are up against.

Again given your limited resourses any payment you volunteerwould be minimal....as would any judgement payment the courts would award.

Depending on the size of the debt....you may well be dead before it is ever paid off.
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RE: Needing advice on CRS

Postby dogday333 » Thu Sep 08, 2011 09:26:03 AM

If this does go to court what infomation should I take with me. I have copies of letters sent to CRS explaining my situation. I assume my OAP can be verified. However, should I take a copy of my monthly bank statement to prove my income and expenditures. Thanks in advance.
dogday333
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RE: Needing advice on CRS

Postby dogday333 » Thu Sep 08, 2011 09:16:38 AM

The question of #3 choice: Admit part claim in the amount of.: CRS have quoted a price for settlement which as I said I cannot meet. So part claim, is this a percentage of the whole settlemen?
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RE: Needing advice on CRS

Postby TJ.brooks » Wed Sep 07, 2011 10:19:35 AM

Based on what you have said you have already acknowledged owing the debt...you are not disputing the amount....that leaves number 3.
Based on your income and ability to pay...worst case senario would be judge would order 20 or 30 dollar a mth payments.

Some people are just judgement proof and creditors are reluctant to follow through with lawsuit as it can end up costing them more then it is worth.
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RE: Needing advice on CRS

Postby dogday333 » Wed Sep 07, 2011 10:10:50 AM

I have got hard copies of the 'Defence Forms' required. However, I am not disputing the claim yet I have no money to pay the claim. On page 2 there are 3 boxes. a: dispute claim. b: admit full claim and propose terms of payment. c: admit part of the claim. As I have no funds to pay what do I tic off.
dogday333
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RE: Needing advice on CRS

Postby dogday333 » Tue Sep 06, 2011 02:22:33 PM

Thank you sir: I owe you a beer , if not many.
dogday333
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RE: Needing advice on CRS

Postby TJ.brooks » Tue Sep 06, 2011 02:09:59 PM

Also do not leave any money in accounts with the Bank who issued the card. Any MSBA as they can exercise their right to SetOff and seize it.
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RE: Needing advice on CRS

Postby TJ.brooks » Tue Sep 06, 2011 02:05:29 PM

You must file just in case...They have already launched the suit if you recieved the Statement of Claim,,,,but they are free to resind the suit at anytime up until day of trial.

Again ...they will weigh their options and determine if they would have any success recovering any money....which from what you describe... is doubtful.
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