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Old 12-Mar-2007, 08:40 PM
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Legal Action

anybody been takin to court by a collection agency cause you owed money? if so what happend and what did u do? and if not do you have any advice? basically i was at fanshawe college - paid 500 then strike happend withdrew from school cause of the strike and they had called me when i was in toronto and they asked why i withdrew i just said personal reason (even though when withdrawing i said it was cause of the strike) newayz so then i get a notice from collection agency - i call the school back and let them know and they said i do owe them the 12-1500 or whatever so i told them im not paying it cuz i withdrew cause of the strike and they said no you said "personal reason" and then i said they only way i would pay it is if u let me come finish a semester they said no so now im being takin to court
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Old 12-Mar-2007, 09:08 PM
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a lesson in the fact that they are always writing down everything you say....

I think you will be asked to pay .. I'd suggest asking the collection agency what would be the amount they would settle for and consider the debt paid in full, and update your credit report with "payment received in full". when they tell you ask them to send you a letter indicating that payment amount too you. then and only then you send them a money order for that amount by registered mail.

it's better then going to court...
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Old 12-Mar-2007, 11:08 PM
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they dont usually take you to court for such a small debt, it will cost them more to take you to court then what they can actually get from you, they just keep bothering you. for larger debts, say like 20k, they would take you to court for sure. did they actually send you a notice to appear, or did they say that if you dont pay they will take you to court.
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Old 13-Mar-2007, 09:34 AM
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well they called my house when i wasnt home and told my dad they're calling to let me know they're going to take me to court - i didnt receive any notices from them. i know they play alot of games etc.. but if it is to where they are taking me i want to be prepared or atleast work something out cause if i get a notice saying they're taking me then i think it would be to late.
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Old 13-Mar-2007, 09:36 AM
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hahaha for 1200bucks they arent gonna take you to court...pay em 800 and get it over with
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Old 13-Mar-2007, 12:58 PM
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actually i just checked the actual amount was a 1000.00
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Old 13-Mar-2007, 02:07 PM
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i had some idiots calling me for some bs that the thai boxing gym on progress runs.. ultimate martial arts... has happened to a bunch of people i spoke to who signed up there.

the collection agency MUST contact you by letter first.

http://www.gov.on.ca/MGS/en/ConsProt/STEL02_045978.html

The regulations forbid collection agencies from:

* contacting you until six days have passed from sending you written notice of the following:

• the name of the creditor

• the balance owing

• the name of the agency and its authority to demand payment

It goes on.

I sent the collection agency a list of what they had done that was illegal for them to do and told them I did not want to hear from them again unless it was from their attorney.

I haven't received anything since.

They are legally required to not contact you again unless they do take you to court.

This is a school not a shady gym, but who knows.

the internet is amazing for stuff like this.. you can read all about what you can do and what they can't.... for example if you acknowledge that you owe them, they can screw you, i didn't acknowledge owing them a penny.

i know at least for gyms, if a note is made on your credit rating.. .a bank won't care if it from a gym, because a lot of them tend to conduct "business" this way.
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Old 22-Jun-2007, 10:13 AM
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ok so i know this has been put away for a while, but the credit agecny called me againt today (woke me from my sleep) newho like last month i got a call from them and it was a voicemail saying how i need to call them before 2 or they're going to court for an "appeal" i didnt bother calling, then today they called and the lady was like how they took it to court for an appeal and i lost so i need to make a payment of 11xx.xx which includes like 100 for some court fine. and then went on how if i dont pay then they will garnish my wages and forclose my home blah blah. so i laughed and go "well i dont work so i dont konw what your going to garnish i sell drugs, and i dont have the house under my name so you cant leagaly do anything, and that this was our first time talking so she could try to sound a little nice" neways so i have a gut feeling they're b.s.ing just so they make more money and i pay them. i told her i want all this in writing and she goes how she's sick of sending me written sutff and this is my last chance.
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Old 22-Jun-2007, 10:24 AM
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lmao...they are really hasseling you eh? lol..i call bs on court though especially since she said they already found you "guilty" and you need to pay...haha...im pretty sure if they went to court u'd have to be there to be found guilty...=D
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Old 22-Jun-2007, 10:38 AM
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hahah i know but she said "appeal" im tryin to find out more on this...
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Old 22-Jun-2007, 10:44 AM
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honestly, you should take them to court, you're school is ****ed up, you withdrew because of a 2 week strike, and the school gave people a chance to withdraw without penalty, who cares what you said

you should go into your school, and try talking to them in person. this is an issue that should be cleared up

ps they will NEVER take you to court for $1000 or even $2000, anything below $5000 is small claims court I believe.

they were doing the same **** to my fiance over $520, most of which THEY had overcharged, they told her they were going to take her to court blah blah blah, never having dealt with it before she got scared and told me about it

so I told her they were just scaring her, next time they called I took the phone and asked her about the details of this so called " court process", she was dumbfounded and couldn't say anything obviously =p

on that same note, Visa was charging her the payment protector BS, she never signed up for it, the insurance company that deals with PP said they can only refund 3 months worth, I said I want proof that she signed up for it, they couldn't find it and gave a full refund for 2 years of payment protector bull****
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Old 22-Jun-2007, 10:49 AM
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if it's small claims court, and you dont show up, then chances are you lost and you have to pay. however there is no way to really enforce that you pay what you owe, but im pretty sure it'll effect your credit score, but i could be wrong on that.
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Old 22-Jun-2007, 12:07 PM
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Originally posted by luke11
if it's small claims court, and you dont show up, then chances are you lost and you have to pay. however there is no way to really enforce that you pay what you owe, but im pretty sure it'll effect your credit score, but i could be wrong on that.
yes buit he has to be served notice of the court date and such.
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Old 22-Jun-2007, 12:32 PM
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yea i never recived a notice saying i have to show up in court? all they did was leave a msg saying they're going to court for an appeal and that was it and she called today and said i lost - and yea regardless of what i said the school shouldnt charge me that amount because i did withdrew due to the strike.
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Old 22-Jun-2007, 12:33 PM
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I don't know what you guys are talknig about, they will and have taken people to court for 1g before and they will do it again. They send a lawyer that is on the company payroll anyways so its not really an extra cost to them. Plus the company pays the creditors a certain amount to get the funds anyways. You can however cut a deal with them but seeing how I went through the same strick ordeal I would take your school to court and any lawyer will take the case because its an easy win or settlement. You can also claim more than the orginal amount due to hassle stress etc. Your going about this the wrong way and your actions are supporting them not you. Start seeking legal action against both of them because a lot of lawyers will take this on and only take a cut if they win.
Good Luck anyhow but you are screwing your credit score by letting it go on and it clear it you have to fight it or ask for it a long was down the road once this ordeal is finished.
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Old 22-Jun-2007, 12:44 PM
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bad credit ftw
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Old 22-Jun-2007, 01:42 PM
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Originally posted by Zyepher
bad credit ftw
I don't think your school has the right to touch your credit. Unless you signed some paper saying so = p
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Old 22-Jun-2007, 01:57 PM
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They have the saem authority as your credit card holders. You owe them money and don't pay within a certain given time frame so they pay a creditor to collect the funds from you.
They have the right and they do it all the time.
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Old 22-Jun-2007, 05:21 PM
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Originally posted by Zyepher
bad credit ftw
do u ever say anything useful other than pwned zephpwnd or ftw?
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Old 22-Jun-2007, 05:28 PM
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Originally posted by Kingjames1983
They have the saem authority as your credit card holders. You owe them money and don't pay within a certain given time frame so they pay a creditor to collect the funds from you.
They have the right and they do it all the time.

I'm pretty sure you're wrong, for anyone to access you're credit rating, they need to have consent from you, even rogers wireless asks your consent before looking up your credit, and you have to sign off on the aggrement too
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