Thank-you so much for your knowledge and answering immediately Ray. Now I can concentrate on more important things than these hardly-a-laugh amoebas.

You can see from my previous post on Pomer & Boocia, that this is merely one more trick in David Pomer's bag.

The "legal accounts adminstrator" was probably an unlicensed Somali refugee.

Your post exemplifies why I always tell people to make sure that you get a wrtten and signed agreement before you send a collection agency any money.

For $1200, it's unlikely they would have taken you to court in the first place.

Even if they do and the debtor defaults, it's more than rare a creditor would go after a Form 20D (Writ of Sezure and Sale of Lands) for a modest Small Claims Court award of $1200. There's a 4 month waiting period requirement and a minmum $5000 + deposit the creditor would have to file with the sheriff/bailiff's office which would be tied up for quite while.

Also, in Ontario, it would take them 6 to 10 months to sue you, including a mandatory pretrial mediation hearing, and another 6 months to get and enforce such a document if and when you defaulted on a court payment order. That order would probably be for less than what you agreed to already if you explained to the judge that you had difficult financial circumstances.

All those documents they are sending you are a plile of hooey. David Pomer has been suing the ass off people for 30 years. He knows all the tricks of the trade in "psychological tenderizing." (aka [[edited: bad language]]). Another collection lawyer that should be on Mark Silverthorn's top 1500 "Golden Shovel" list in my opinion.

Next time, the collection agencies calls, call Pomer back directly at 1-888- 8585- 529, ext 2301, and tell him to take your payments as agreed or go (deleted).

Ray

I owe $1200.00. I just made a recent small payment, which was agreed to on a monthly basis, until the collection agencies found out I own my home. My last letter has been title demand which they have confirmed, and threats of suing if I don't come up with full amount. the '"Legal Accounts Administrator," sent me through to her good friend at Canadalend.com which I am not going to go through with. I had another threat of being sued, lien on my house, etc. today. I just wanted to know if I should continue with my small monthly payments which she said she would not accept knowing that I own the home. Thank-you.

Being mindless is a prerequisite for being hired by Pomer & Boccia. They are located in Northwest Toronto at 4000 Steeles Ave. West, suite 212. David Pomer is the partner who handles the litigation @ 1-888 8585 EXT. 2301. This seemingly high strung, frenetic man brags that he's spent 30 years in litigation, if I'm not mistaken, suing the ass off of ........well, pretty well anyone who's got an ass.

He bluffs people that he can revive statute of limitation periods on unsecured debts in order to squeeze payment. Also, he tries to get people to acknowledge debts via recorded phone conversations and then threaten they better pay up, since they've just renewed the SOL. It's all baloney, but I guess it works for him.

A lot of the clowns under him make phoney legal threats besides claiming they're everything from accountants to astronauts.

He's licenced in Ontario to practice law, but if he or his lackeys are collecting in Alberta, they've got to follow the Alberta Fair Trading Act AND the Alberta Law Society rules.

If you're going to complain about Pomer, then it's the Law Society of Upper Canada you have to download a complaint form from, not the law Society of Alberta. Conversely, if it's a collections complaint then it's Service Alberta you should complain to about violations of the Alberta Fair trading Act not the Ontario Ministry of Consumer Protection. It's just as well, because the latter is useless.

A lawyer is responsible for whatever goes out on his letterhead and the actions of those he directly supervises. That means he has to follow his law society's rules of professional conduct AND also obey the consumer protection legislation of the province he or his subordinates operate in.

Ray

Barristers Society should be able to help you in your local area.

Hi there,
I was wondering which law society you've contacted, because I was just speaking to a representative from this Pomer & Boccia, and he was a complete jerk! as well he also told me he was a lawyer... so if they aren't I would also like to put in a complaint to someone, preferrably the same one you did, so they can see this is still happening... Thanks :)

Barbwire...
Nicely done.

I have contacted the law society and complained. Their taking this very seriously because the agent told us she was a lawyer and she's not. We also recorded all her messages she left ion my answering service. I've also filed a complaint with Consumer affairs. More people should act instead of talk if we're to get these collection agencies to play fair and work with us.

http://www.lsuc.on.ca/regulation/a/profconduct/

It's a little frustrating because I've mentioned this a number of times.

The LSUC certainly does take the conduct of its membership seriously as can be seen from a gloss on all the disciplinary hearings of individual lawyers on their website. But all those fiduciary regulations and hearings deal with the lawyer's standard of conduct (or lack thereof) in regard to their clients. If you're the subject of their collection activity, then you're the target, not the client! As long as a lawyer doesn't break any laws in tryng to collect the debt then, the debtor is fair game. Well ok, they do "sort of" actually break a few laws by making a lot of phoney threats and by sending out a lot of bogus/pseudo court documents in an pathetic effort to scare people into paying up.

As far as the phoney threats go: yes, they are illegal and contrary to professional standards and, at least, in theory subject to some disciplinary accountability. However, lawyers know that no one is ever likely to complain, and even if they do, they realize that they'll be able to finagle their way around it. After all, recall all the people on this forum and another that were screaming bloody murder about Natale Law Offices. They were going to the RCMP, the local police, the Law Society of Upper Canada etc, etc. How many of them actually did? NOT A ONE!

As can be seen by the above link to the Law Society of Upper Canada's Rules of Professional Conduct, the old singular rule 5.01.5 governing the behaviour of a lawyer engaged in collection activity (that I quoted last year) has been dropped; in fact, all of Section 5 and others have been revamped. It's open season on hapless debtors.

Ray

Never mind... apparently they are lawyers.

Which means you complain to the law society... who takes these complaints far more seriously than the government does.