by RichardC » Mon Jun 08, 2009 07:14:42 AM
I looked into this and talked to a guy named Steven there; I really wasn’t very confident in his professionalism during the call. He answered what appeared to be a cell phone with a blunt “hello”.
He also seemed somewhat evasive when I asked questions. I wanted to know why he has this "special power" to stop collection agency calls. He said he is not a lawyer but he did practice law at one time for 20 years. I didn’t ask why he isn’t licensed now to practice law or if he was disbarred.
Apparently you give him $100 they will mail a letter to the collection agency (not sure if it’s registered or not) telling them that you dispute the debt and suggesting court as a remedy to the debt.
See section 22.1 in Ontario, this is the part of the collection agencies act he is relying on.
22. (1) If a debtor sends a collection agency or collector, by registered mail, a letter stating that the debtor disputes the debt and suggests that the matter be taken to court, the collection agency or collector shall not thereafter contact or attempt to contact the debtor, unless the debtor consents to or requests the contact. O. Reg. 103/06, s. 2.
Will it stop the calls? Probably, but I’m not sure I want to encourage collection agencies to sue my clients.
There are some out there that are very litigious.
He did disclose that there is a higher likely hood that you may be sued after his letter goes out.
Hope this helps.