I have received a letter from a Barrister & Solicitor in Ontario demanding I pay the full amount to him for an outstanding debt to Direct Energy. There are mitigating circumstances surrounding the debt...namely my awareness that I was actually in arrears. My house had been destroyed by fire and the power was shut off for over 4 months and then turned back on when the insurance company began rebuilding. The B&S is talking about law suits and credit records etc., etc., which I understand, but something about this does not seem right...What is the best way to proceed?
State/Country relating to question: Canada
How much is owed and when has it been owing?
At the time of the fire did you tell them that the power was shut off?
$830 and the debt has been outstanding for about a year apprently. I say apparently because this is my sons problem and with the fire and having to move he has not been diligent in monitoring his mail! :)
They were notified and turned it off at the time as they do with all fires.
What I am also curious abou tis the stance taken by th solictor...I checked his website and their is no mention of him being in the debt collection business. He has been threatening my son with all the usual legal stuff...
Let me check him out.
What is his name?
Furthermore the insurance company is in charge of the rebuildand must have got thepower hooked up agina...
Here is the website: www.sauvageauassociates.com
I checked him out and he is a licenced lawyer.
Does that make a difference?
Yes.If he owes the money then I don't see them doing anything wrong.
If this is because he didn't check his mail then I don't see what the complaint is but I assume I am missing something.
Yes ignorance is not a defense I understand that...
What general legal information can you provide me?
I think the best way to deal with this is to try and make a deal.
Your son can explain the facts, and at least get any interest waived.
The lawyer doesn't want to have to sue him.
So usually there is some room.
They may agree to let him pay over time as well.
Suing for $800????
Small Claims Court.
He would have some student or paralegal do it.
Half of that would be legal fees if not more...???
Not really. He could do 20 of them in a row one morning.
Yes, I suppose so
Wow...that's some kind of profession...
I also think companies like Direct Energy have polices that they generally enforce so that no one thinks they can get away with things.
But I think your son's case is a bit different because of the fire.
That's what I'm thinking...and I thought the fire and how all that takes time and is actually out of your control because the insurnace company is in charge bears some relevance. So your advice is to negotiate?
I think it's his best shot.
He cannot win if they sue him and he will get stuck with their Court costs and some of their legal fees.
Well thanks...its not very satisfying but I suppose it will have to do. Thank you.
I wish I did have a more optimistic answer.
Thank you for your time.
You are very welcome.
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