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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101414
Experience:  Lawyer
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I am attempting to take someone to small claims in September

Customer Question

I am attempting to take someone to small claims in September over a product he sold me that was defective. However, I need the Kijiji ad that he initially posted which I did not print. There is a company that claims they can get it but only with a letter from a lawyer.
The following is from them
"Thanks for reaching us regarding Harmari Search. Your inquiry is of a civil nature, and we could only help you through an attorney or a licensed private investigator to recover the ad in question. I recommend you lookup one from your local jurisdiction to assist you. Once you've retained an investigator, have them contact us to get credentialled and access Harmari Search. The whole process should take 10-15 minutes.
Even after retaining an attorney or a private investigator, there is a cost to access the service. A minimum purchase of $124.95 USD would provide 5 credits to investigate. If the credits are exhausted throughout the investigation, then our staff would be happy to provide support on the matter.
After a brief review of our database, I can confirm we do have the ad your are looking for (Sundance cameo hot tub ad in Winnipeg)
Thanks for your inquiry,
Harmari Support
LTAS Technologies
Your online investigation resource
Toll-Free: 1-***-***-****
this is what I have. Any advice?
Winnipeg, Manitoba, Canada ***@******.***
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Did you contact Kijiji?

Customer: replied 1 year ago.
Long process and After all of it all they store is the name and nothing about the web pages.
Expert:  Debra replied 1 year ago.

I can see the difficulty. I just spent some time trying to figure out what you can do.

That site does look legitimate in that I could not find any reports that they were scammers or dishonest.

At the same time it makes no sense at all that they require you to have a lawyer send a letter.

Did you try googling and using cache for the ad. From what I can see online many do find deleted ads that way.

Otherwise it may make sense to try that company if there is a lot at stake.

I would think a paralegal legal will do that letter for you at a minimum cost and if you win in court the court will order that the defendant pay all your costs.

Customer: replied 1 year ago.
I only have some basic stuff about the add. No cache. Or at least don't know how to go in that direction.
Are you not able to do a letter?
Expert:  Debra replied 1 year ago.

No I cannot do that for you and you should not pay a lawyer to do it but a paralegal will be cheaper and good enough.

Did Kijiji tell you they cannot do it or they won't do it?

Because they clearly can get their archived ads. They need them for their own protection.

Customer: replied 1 year ago.
Turns out they do not store anything except the name. I discussed it with them in depth and that it was pretty useless to not keep any other records. I even did a subpoena for information and they just said all they keep was the name.
Expert:  Debra replied 1 year ago.

OK. I was going to suggest the subpoena.

So consider paying a paralegal to write the letter for that company then.

Customer: replied 1 year ago.
I guess I was hoping for some actual help with the letter since I already did all the other things.
Expert:  Debra replied 1 year ago.

I cannot do the letter.

You need to retain someone and you cannot retain anyone over this site. The site's Terms of Service are very clear. I am strictly prohibited from doing that. We are limited to contacting you over the site.

That is what I have agreed to when I became an expert on this site.

Customer: replied 1 year ago.
I know that now.
That's why I said I was hoping you could have done the letter.
Expert:  Debra replied 1 year ago.

I understand but just contact a local paralegal.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a paralegal and can consult with the paralegal and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

I hope you will rate me positively so that I can get credit for my time and work even though I cannot do that letter as that is clearly not my fault.

Expert:  Debra replied 1 year ago.

I was just thinking about our conversation and have been wondering if you have thought of any further follow-up questions for me.