by Raymond » Thu May 17, 2007 11:41:12 AM
I think that "Canadian Tire Purchase, 2000" may indicate they bought the account off Canadian Tire from a debt owing to them in 2000. That would explain the 7 years. Also Natale used to work for Canadian Tire Bank while she was the in-house lawyer at Total Credit Recovery.
The Alberta Limitations Act came into force on March 1, 1999, so the limitation period on your account is probably 2 years, instead of 6. A moot point because it's now 7 years later.
Natale is a collection lawyer and not a collection agent, and as such, she's not bound by the same rules collection agents are. The latter are supposedly governed by the Collection Agencies Act of Ontario - not that they pay much attention to it either. The only professional constraint on Natale when acting as a collection agent under the Law Society of Upper Canada is:
"COLLECTION LETTERS
5.01 (5) No collection letter shall be sent out over the signature of a lawyer, unless the letter is on the lawyer's letterhead, prepared under the lawyer's supervision, and sent from the lawyer's office."
That's it. No wonder so many lawyers are gravitating toward collections and using it as a happy hunting ground.
The "Form 7A" you likely got, with the stupid red seal in the upper left hand corner is a standard collection agency bluffing tool in Ontario.
No, the onus is not on you to prove you don't owe them; the onus is on them to prove you owe them. Send them nothing - except some toilet paper. I'm sure her and husband/fellow lawyer, Luigi can use all they can get.
Yes, her office is a real building (the Motorola Building) and she, unfortunately, is also very real. Give her a call at her office, but you'll probably get a couple of incorrigible characters sporting the names/aliases?, "John MacDonald" and "Jen", both of who have a deep admiration for this forum. In fact, blogger Erin Morales discloses some cogent circumstantial evidence why
Monty won't let people post her home phone number on the forum ever since she called him up and sweet-talked him,
with respect to any correspondence she has sent you, just make a paper airplane out of it and send it by "Gobal Express" to Thornhill, Ont.
For more info on Natale, see my post of Feb. 21 on thread 457.
Ray