Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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Old 03-21-2005, 10:48 AM
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dalrex dalrex is offline
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Location: Manitoba, Canada
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Statement of Claim

I had a statement of claim served on me at my office on March 7. This is with regards to an alleged debt on a credit card. I have sent numerous letters (asking them to verify the alleged debt) to this CC and the collection agent they supposedly hired, but no responses. Now I am served from the CC's attorney. Statement of claim is registered, because I can see it online, and so can anyone else that knows where to look
I now need to file a statement of defence, serve it on the lawyer and register it, within 20 days of March 7! Do I now rebutt everything in their claim, or deny it, or???? How would I say that they have not provided me with any verification of this alleged debt? or would that be brought up in court?
One other interesting tidbit... I just looked at my credit bureau and this alleged debts says "Status - Bad debt, collection account or unable to locate. Comments - Written off, closed by credit grantor" If the account was written off, can they still try to collect? There are about 5 items with the same status on them, but there are "No collections information on file"
Any thoughts??
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Old 03-21-2005, 10:58 AM
cobra7
 
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STATEMENT OF DEFENCE

1.The defendant admits the allegations contained in paragraph(s) of the statement of claim.

2.The defendant denies the allegations contained in paragraphsof the statement of claim.

3.The defendant has no knowledge in respect of the allegations contained in paragraphsofthe statement of claim.

4.(Set out in separate, consecutively numbered paragraphs each allegation of material fact relied on byway of defence).

(Date)

(name, address and telephone number of defendant's lawyer or defendant)

TO:(name and address of plaintiff'slawyer or plaintiff)

you would include that you got no replies from the parties (both OC and CA)

did you send VOD to the lawyer?
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Old 03-21-2005, 11:13 AM
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dalrex dalrex is offline
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Thanks for the reply COBRA,

Quote:
Originally Posted by cobra7
did you send VOD to the lawyer?
No I have not sent a VOD to the lawyer, as this was the first that I heard of him representing the CCC. Should I send a VOD with the statement of defence?

Quote:
Originally Posted by cobra7
you would include that you got no replies from the parties (both OC and CA)
Where would I include this? in paragraph 4 or separately? I have never filed something like this before...
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Old 03-21-2005, 11:19 AM
cobra7
 
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yes you need to send a VOD to the lawyer.

I would answer each statement that the lawyer makes (1-whatever) first, then list a statment that you have not rec anything.

I would send them separate. send VOD first.


just my own thoughts. I am not a lawyer nor do I play one on TV.
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