I assume this is actually a filing with the official court stamp, not a drafted stamp?

I am hoping someone can help me now, I got some great advice before, and I am hoping to get the same again.

I just got back from being in the states on business, to me getting a large envelope and inside the envelope, Canadian Debt Recovery is taking me to court, they never sent me the original letter saying they had this debt, they never sent me a letter saying that my credit card company was allowing them to go after the money. They harassed me and threatened me with legal action, and still I never received the original collections letter.

Please let me know what my next step is, I am filing the defence form, as well as all the faxes that were sent back and forth between me and the debt collection agency.

http://www.canlii.org/eliisa/highlight.do?text=collection+&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/on/onscdc/doc/2005/2005canlii35681/2005canlii35681.html

http://www.canlii.org/eliisa/highlight.do?text=collection+harass&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/bc/bcpc/doc/2001/2001bcpc465/2001bcpc465.html

I can't currently find the link... but there was another fella... Tran... who sued a collection agency for harassment. The harassment was sooooo grievous that the judge actually amended the original claim (in the 4g range) to the maximum allowable. It was thrown out on appeal, but not for lack of merit. It was thrown out because the trial judge erred in making the amendment. The appeal court ruled that, in essence, the agency should have lost, but the judge screwed up. I don't know if Tran ever went further. The notes are in my briefcase, and I'll dig them out... and any others I've found... cause I'm sure I found more.

Also interesting... Haskett vs Equifax and TransCanada credit... http://canlii.ca/eliisa/search.do?language=en&searchTitle=Advanced+Search&sortOrder=relevance&searchPage=eliisa%2FadvancedSearch.vm&text=Canadian+Bonded+Credits+Limited&id=&startDate=&endDate=&jurisdiction=ca&jurisdiction=bc&jurisdiction=ab&jurisdiction=sk&jurisdiction=mb&jurisdiction=on&jurisdiction=qc&jurisdiction=nb&jurisdiction=ns&jurisdiction=pe&jurisdiction=nl&jurisdiction=yk&jurisdiction=nt&jurisdiction=nu&legislation=none&caselaw=courts&boardTribunal=none

The supreme court of Canada has denied leave to appeal. As I understand it... he's in the process of having this certified class action, but this case has already been used in another lawsuit... Neil vs Equifax.

http://www.canlii.org/eliisa/highlight.do?text=collection+&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/on/onscdc/doc/2005/2005canlii35681/2005canlii35681.html

http://www.canlii.org/eliisa/highlight.do?text=collection+harass&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/bc/bcpc/doc/2001/2001bcpc465/2001bcpc465.html

I can't currently find the link... but there was another fella... Tran... who sued a collection agency for harassment. The harassment was sooooo grievous that the judge actually amended the original claim (in the 4g range) to the maximum allowable. It was thrown out on appeal, but not for lack of merit. It was thrown out because the trial judge erred in making the amendment. The appeal court ruled that, in essence, the agency should have lost, but the judge screwed up. I don't know if Tran ever went further. The notes are in my briefcase, and I'll dig them out... and any others I've found... cause I'm sure I found more.

Also interesting... Haskett vs Equifax and TransCanada credit... http://canlii.ca/eliisa/search.do?language=en&searchTitle=Advanced+Search&sortOrder=relevance&searchPage=eliisa%2FadvancedSearch.vm&text=Canadian+Bonded+Credits+Limited&id=&startDate=&endDate=&jurisdiction=ca&jurisdiction=bc&jurisdiction=ab&jurisdiction=sk&jurisdiction=mb&jurisdiction=on&jurisdiction=qc&jurisdiction=nb&jurisdiction=ns&jurisdiction=pe&jurisdiction=nl&jurisdiction=yk&jurisdiction=nt&jurisdiction=nu&legislation=none&caselaw=courts&boardTribunal=none

The supreme court of Canada has denied leave to appeal. As I understand it... he's in the process of having this certified class action, but this case has already been used in another lawsuit... Neil vs Equifax.

How do you go about successfully suing a collection agency for harassment, do you have to start recording your calls, so you have proof of it? I would start taking phone calls from these schmucks again, but one thing, is I don't know how to record phone calls, and they call me on my cell phone, is there a way to record calls from a cell phone? I would appreciate any advice on this.

1. Good, I am glad that you are willing to sue them. My hat's off to you. I only wish that there were more like you. Unfortunately, it doesn't appear that there is because even an egregious case like Deanna Natale hasn't generated a single complaint to the Law Society of Upper Canada much less a countersuit despite all the sabre rattling she spawned. Complaining still seems to be the number one bromide, not lawsuits.

2."And i never said collectors had to know they were being recorded... I said one party had to know. In other words, if you know you are recording the collector does not have to know. The only time it is in admissable[sic.]would be if you taped a conversation between a collection agent and myself without the approval of at least one of us."

Fair enough; however, I took it that your statement actually meant to say the collector had to know he was being recorded for it to be admissible; otherwise, we are left with a pointless tautology. Obviously, if a call is being recorded, ONE of the parties has to hit the START button on the recorder - unless they are sleepwalking - and so must know and approve.

3.Do you know of 3 more cases where defendants successfully sued collection agencies for harassment? Can you tell us about them even if you can't name names? That would inspire others like "Advocate".

Ray

Raymond... if you're speaking to me on the "would I be willing" bit... I'm in the process of putting my money where my mouth is.

Roach was not the only one who has sued a collection agency and won. Most are barely noticed.

And i never said collectors had to know they were being recorded... I said one party had to know. In other words, if you know you are recording the collector does not have to know. The only time it is in admissable would be if you taped a conversation between a collection agent and myself without the approval of at least one of us.

ARRRGGGHHHHHHH

I saw that error...

Sometimes I just scratch my head....

I've been programming at the speed of light. I usually test everything before I publish it.

Thanks for letting me know....

As I mentioned... I'm building a much better structure for the site... and it's easier to maintain and build upon...

I'm almost finished rebuilding the structure of each page to the way I like it. As soon as the new structure is complete I'll be easily able to add more features to the site.

I apologize again for the problems.

hey folks.

I'm working on the registration page...
I'll get to the bugs on this page shortly

again... sorry for the inconvenience.

hey folks.

I'm working on the registration page...
I'll get to the bugs on this page shortly

again... sorry for the inconvenience.