Canadian Collection Agency Loses Appeal Case Against Consumer

Published on:
24 April 2007 at 04:37 a.m. ET

Written by: Unknown Author –

http://www.insidearm.com/news/00017407-canadian-collection-agency-loses-appeal-c/

A Canadian collection agency suffered a win/lose case against a consumer. The win part: the consumer’s original award of $4,000 was cut in half. The lose part: the collection agency has to pay.

Carole Roach took Total Credit Recovery to court because she felt she had been harassed over a $1,200 debt on her Canadian Tire credit card. She missed four monthly payments on her card, Canadian Tire sent her account to collections, and that’s where the trouble started. According to Canadian law, Canadian Tire should have cancelled Roach’s card and demanded payment in full before sending her account on to collections.

Roach sued the agency for harassment, and won. Her original award of $4,000 didn’t stand up upon appeal, however. A subsequent judge ruled that Roach’s “loss of reputation” wasn’t proved, and reduced the judgment by $2,000.