Many of you, if not all of you, have fallen behind in your financial “obligations” at one point in time or another. This occurred to me regarding a CAPITOL ONE BANK (CANADA BRANCH) MasterCard about a year ago or so. I can’t really remember when but I recently found the documents regarding a legal firm being used as debt collectors. This matter was dealt with in one single letter and because it was such a brief matter I had forgotten about it as I never heard from either party (MasterCard or the legal firm) since.
The Initial Contact
The man who contacted me called himself Joshua J Siegel from the RUBENSTEIN, SIEGEL law firm. They claimed that their “office has been advised that you have not made payments according to your Capitol One Customer Agreement”. It continued to boldly make further claim that “Payment of the balance must be made within 10 (ten) days from the date of this letter” or legal proceedings would be commenced. Further the payment “must be made by CERTIFIED cheque … and forwarded to the undersigned”. Of course I was urged to “give this matter your immediate attention” so I did.
Being a man of logic and integrity I felt that I would ensure I was dealing with a duly authorized and competent individual regarding the alleged debt. In order to do this I sent out an e-mail via the address provided to Joshua. It was a courteous letter making no excessive claims and denying nothing within reason. I merely expressed my concerns about whom I was dealing with and their ability to competently resolve the alleged debt owed by the person being sought.
The Appropriate Response
In my opening statement I explained and acknowledged receipt of the letter, what it was regarding while giving no specific details about totals, and summarized the demands in the letter. I followed with my lack of knowledge of “no such agreement involving the Rubenstein, Siegel corporation” or of any agreement between the Bank and the person allowing their corporation to mediate the matter.
I further mentioned my concern about all the spam I receive through electronic and traditional mail systems making similar unfounded claims requesting funds from me. As such I notified them that I required “any and all evidence that you are in fact an authorized representative regarding any contract” between the person and the bank. I also required evidence that they were “capable of negotiating and entering into settlement of any potential debt” between the person and the bank along with where the person “did knowingly enter into a legal contract in any manner authorizing outside interference”. I summarized the letter with the same 10 time limit and expressed that it must be in written form.
The Results
The letter sent to my address was dated August 6, 2014. My reply was dated 11 August 2014 so it was well with in the 10 (ten) days the law firm demanded I meet. I have not heard from their office in any form or in any manner since these letters. As of this writing I feel sufficient time has passed that I will not be hearing from that law firm again. This doesn’t mean that CAPITOL ONE won’t attempt another means of collection nor that the matter is fully closed. I am not claiming to have won a final victory over the bank’s claim. I merely express that legal firms acting as debt collectors have no authority or rights unless and until you grant them.
By merely refuting their authority and challenging them to prove their claim it nullifies any and all actions they presume to have made. It challenges their rights to act in the matter in any way and it places them as an outside interference with no rights or claims regarding the issue.
Why It Works
Now you may say that since the bank retained their services as attorneys that they gain “jurisdiction” and the right to mediate but that is not so. The challenge of consent for mediation and a valid contract must be proven or it has no legal standing. The law firms know this. They take these debt collection tasks on as “make a quick buck from people who won’t challenge” jobs and they make a lot of money doing it as people get scared and run from law firms and lawyers.
For some reason people see these shills as some form of superman that will crush them in court. They believe the marketing claims of the corporate firms that they can get “anything you need settled quickly”. The debt collectors bank on your ignorance and fear.
It’s the same game as the prosecutors play in traffic court. It’s extortion through intimidation and unless and until you call it what it is there is no harm committed. As the Maxim states “An injury not expressed in not an injury”. I encourage you to read the Maxims of Law and of Equity. You will need little beyond these and some old fashioned courage to win most any claims made against you.
Until next time I wish you Peace and Blessings,
Rob
Hello, I got a letter the exact same as the one you describe in your original post. I didn’t receive it until well after 10 days of the date on the letter. I’m concerned and wondering what to do. How would I know if they will or have got a judgment against me, I’m planning on writing a letter but i don’t want it to be too late. The letter says they would proceed further without informing me so how am I supposed to know what’s happening. I don’t want to call them and accidentally acknowledge anything either.
These comments are dated 2015. Not sure if this blog is still active. Hopefully it is.
My husband and I were living separate but not legally separated. He passed away aug/18. We had started legal proceedings but he asked to stop the proceedings in hopes of reconciliation but he died before we could even try. Two different join accounts with a negative balance which I paid b/c my name was attached to those accounts. I have our home which I paid off with life insurance. He owed on a credit card that was insured so no problem there. However, he had a 20,000. debt to BOM. The card was in his name only. I did not sign for anything. I was aware that his debts were to be paid from his assets. However, he rented a room in the home of an elderly lady and also rented her garage where he kept lots of very expensive fishing equipment , tools, new things like microwave, toaster oven, pots and pans etc. The elderly lady was estranged from her entire family. My husband and her became good friends. He brought the woman he was having an affair with to that house as well. The elderly lady put him as co owner of her home and sole beneficiary of her will and executor of her will. Only he died first. Two days after his death a friend alerted me that the garage door over there was wide open. I went over, I had a key b/c I was checking on the both of them from time to time b/c they were both in poor health. The lady was not home and I assumed in the hospital. I thought just some odd person was stealing the stuff from the garage. A lot of things were missing already so my boys rented a uhaul and it was almost finished and this woman and two men and a dog came and said she was the daughter and that everything that belonged to my husband now belongs to her mother and she now has legal charge over her mom. I had taken his car the day after he died and put it in my sons name. Police were called and I was told that it all had to be put back and I would have to wait till the mother came home from hospital to go through the stuff or go to small claims court. The mother never came home…those people put some of his stuff on the driveway for me to pick up. They kept everything but junky stuff not worth anything. There were two old boats in a different storage that sold for 1300 and a snow mobile that sold for 1100. All the clothes were donated. Lots of stuff went to the dump. The car I gave my son was worth approx. 5000. So there was a total of 6800 assets of his. The only things sold were the snowmobile for 1100 and the two boats for 500. From what I read the funeral gets paid for first and whatever is left pays debts. He had RSP’s that transferred to me. I did receive a letter from this firm or actually it was addressed to my late husband at his address almost a year later and I only saw it b/c the change of address I put in for his name was still active. So it was like they didn’t even realize he was dead. On the phone the girl mentioned the house and that half of house was his. That they would put a lien on the house. She asked about life insurance and death benefit. I answered that none of those things were part of his estate. I read your blog and looked up some Ontario law. I am not a highly intellectual person but I understood that there simply was nothing of his in my possession that I could sell. I responded in email asking for proof that his credit card is my responsibility when my name is not attached to it. I explained about how that ladies family stole most of his stuff 14000. worth of items to be exact. I listed all that was missing and the value and sent it to their lawyer through my lawyer. She said it would cost me a lot in court costs and even though im telling the truth it would be hard to prove all that stuff was in there or that it belonged to my husband so I did not go after them. I only work part time b/c of physical limitations following surgery this past Junle. That law firm wanted me to make payments of 500 a month or a lump sum of 15000. Again I asked for legal proof that his debt is my responsibility when there were not enough assets to sell to pay it. I scanned a copy of a declaration of estate that my lawyer filled out and sent to Walmart where he owed 2000. Walmart never came after me for his debt to them. It showed what his assets were and negative bank accounts. It’s been almost two months and I haven’t heard back so I emailed and asked if this matter has been closed. She responded that she is waiting to hear from BOM. Should I just sit on this now and wait it out or should I be taking more steps to defend myself.
To be honest I’m not very familiar with estates and situations like yours. What I state here is NOT legal advice and you are on your own as to how you respond to your unfortunate situation. With that said, if I were in your shoes today I’d wait it out a bit and keep researching estate laws so that you know your lawyer isn’t screwing you over by being lazy or uninformed. I do not believe that you personally are liable but the estate is.
You’ll have to use your best judgement based on what you learn about the legal implications of dying while being in debt. I’d appreciate hearing how it turns out for you as we can all use this information.
Best wishes,
Rob
Hi Rob
I received a letter yesterday from these guys saying to contact them within 10 days of the letter, failing which we have instructions to commence legal proceedings without further notice to you.
They are asking for a certified cheque within 10 days, i obviously cannot pay them the $23,000.
What should i do? Should i call them and try to settle the debt for a lessor amount? is that even possible
Yes, negotiating the amount of settlement is possible. Regardless of what you decide to do you MUST respond within the 10 days or they WILL get a judgment against you. With that said I can’t see any court “ordering” you to pay the $23000 in an unreasonable period of time. If it does go to court ensure you attend to defend yourself and have copies of all communications with them on hand for the judge to support your efforts in trying to settle out of court.
This Rubenstein siegel firm is a joke. They stated that they served a female resident at my house with court papers. When they gave me the date my wife rolled her eyes as she was at a funeral for a close friend whose father had passed away. My wife has been a law clerk for 20 years so she would know exactly what to do if I was sent legal documents. My mother had also been a practicing lawyer for 25 years so I would have all the means in the world IF I ACTUALLY RECIEVED THESE FUCKING PAPERS!!!!!! They pretty much got a judgement against me for a debt the was fraudulent, meaning someone had taken out a card in my name. I’ve taken all the necessary steps including filing a police report and they still are sending me documents to fill out and send back. These people are complete scumbags,they fight dirty and lie to try to get you to pay, even if the debt isnt yours.
Yes they are. :thumbs up:
This firm just called my place of employment. I have no idea what it’s about. I have never heard of them before. I just left a message warning the person that called my place of employment that their firm will be sued if they call my place of employment again. I do not owe anyone anything. This is very weird.
Hi I recently got a letter from these people. They have talked about garnishment. They have call3d my workplace to confirm employment. I have had to make payment arrangements because I’m terrified of my wages being garnished. What do i do. I have felt pressured into making arrangements that leaves me overwhelmed . And cash strapped
You should check with your employer to see if they “honor” garnishment requests. It’s illegal but some companies do it anyways. What you need to do is demand from these scumbags “proof of debt” but being as you’ve already made payment arrangements you’ve essentially accepted their claim already.
What do you mean by garnishment requests are illegal? It’s by court order…
Typically “garnishment” requests,third party seizures of your property, have been deemed “illegal” but I’ve noticed that some companies have started requesting them again and apparently the courts are immorally approving them. But since when was ANY court “moral”?
Hi rubenstein just put a writ on my house and I didn’t get no call no letter nothing except one day somebody came in a wrangler threaten me And run when my husband came out .So they can sit online and do this without giving me notice and the court issue them.Isnt it fraud?please help me
Same here.
Just gotna call from.pur bank that they put a writ on our house.
The house has nothing to do with any old debt that I have the house is on my parents name.
Can they even do this. The debt was 20 years old with BMO and written off
I don’t believe they can. 20 years is a long time and all debts are supposed to be absolved after 7.
I just received a voice message from a woman at RS who asked me to call her back. I was doing good for awhile but then got behind from interest charges each month from CO and Sears. Now they’re ringing constantly. I’m on ODSP and live on $450 a month after rent. Forget monthly payments–I can’t even afford bankruptcy monthly fees. They’ll probably take me to court. What happens then? Sheesh…
Demand evidence that they factually lent you anything and are suffering a loss. If they take the matter to court and you ask a question of fact such as this and don’t permit them to presume the debt then they MUST provide the evidence of loss and if you’re familiar with how banking and loans factually work then you know that there is no loss to them and thus no debt.
Further, if you want to play conventionally, you can make a plea that due to financial incapacity you CAN’T pay them. It’s up to you but I typically write back demanding the evidence of debt when one of these scum crawl out of their holes and they never respond.
Hi Bob, I really regret not seeing your blog before I ended up getting a default judgement, after ignoring RD who said they represented capital one. Now they have a lein on my home. How far can they go with that since there is a first mortgage and it’s also owned by my husband?
Each time I calll Capital one legal department I am only able to leave a message and the next day a woman who says she is from RS would call me back. Since I accept the money is owed to capital one, then I feel I have a right to communicate to them directly. Rubenstein and seigel woman is willing to settle for half in a lumpsum but not in monthly payments. The default judgement is with Capital one so I need to find a way to get cap1 back in the picture. Any advice will be much much appreciated. Thanks
The issue at hand is who factually holds the promissory note that you signed and what they factually put up in loss for you. As to the lien it’s pretty trivial unless and until you decide to sell your house. All it is is a claim against that property in the event that you try to liquidate it. You can have the lien removed by going to court (or the lien office) and removing it yourself. Just challenge the claim against you and in the absence of evidence it will be removed.
If you don’t plan to ever sell the house nor care about a bullshit claim then you could just ignore the whole matter. Odds are there is no factual debt and no promissory note to demonstrate such.
Hi Rob,
Thanks for your reply on my issue with Capital One. It certainly has put me at ease about the whole situation. I have decided to let the lien remain for now, Rubenstein has cut the amount to half but it still doesn’t help as I am not financially able to address it. Eventually, I would like to challenge them on removing the lien as you mentioned.
Just received one of their letters – I live in the uk now ( for number of years) Tried to contact bank numerous, numerous times – can never get the lady I’m supposed to talk to – have left many messages informing them I have no phone and have to use Skype and to either email me or tell me a good time to call – nothing. What do I do? Should I contact this law firm instead – do not see an email listed – do you have one for them? Thank-you
Hi Rob.
I have a very interesting twist to this…
Back in 2007 I had lapsed on credit card payments and they were asking for too much on back payments. I felt trapped. I saw an ad in a paper for “Credit Counselling of Canada” I called and made an appointment. The lady I spoke too claimed that my debt was too large fir them to handle but that they had a partner that they could refer me too that could help, however I would have to pay her a $300 referral fee first. I was not smart about these things but I felt it odd that I would come for help because I had no money and that they would ask me for money, but I felt stuck and tried to scrap up the money. When I paid they set up an appointment for me to see Rubenstein, Siegel.
When I met them they told me about filing a Consumer Proposal with the Government and which they would deal with my creditors on my behalf. The said they would reduce my debt and create a repayment program which I would pay through them. My original debt was about $38,000. They later informed me that my debtors would no longer be contacting me and that they had reduced my debt to $16,000 that I would pay back in $300 payments a month for the next 5 years. One time I asked for a balance statement and they sent a page that had a number crossed out in black marker at the top. I later realized that this was the actual debt amount of $3000 and not the $16,000 they claimed. I paid off that debt in 2012 and they sent me a release letter, but before I did I had a Capital One credit card which was meant to rebuild my credit, however I became unemployed and had life problems arise and could not make payments and my balance was at $5500. I informed Capital One about the situation. A few months later I got a job and in the first week I started getting calls from some place that did not leave messages. When I finally picked up the lady said that they were Allied International Corp calling on behalf of Capital One to collect on the debt I owed and they were authorized to take about half the amount as payment in full in a lump sum. There was no way I could do that. Then they said I could make monthly payments through online bill payment to the account they provided. I ended up paying them for the last two and a half years, during that time I asked repeatedly for monthly statement which they never sent, they once sent an annual statement and nothing since. I tried calling them and emailing them and never got a response so I stopped making payments in October 2016 thinking that it would have to get a response. I waited and waited and nothing for over 3 months…I rechecked my Transunion Credit Record from April 2016 and noticed something odd. It showed that Capital One wrote off my Debt in full as a bad debt 2 and half years ago, and around that same time Allied International made 2 soft credit inquiries to Transunion after which I started getting the calls from them…so I filed a complaint with the Canadian Fraud Agency (RCMP) but still have had no response…I called Capital One’s fraud department and was told it sound like a scam and that if I owed Capital One money they would be calling me every day. I also emailed the Ombudsman.
Here is the real surprise…
Today I received a call…guess from who? A lady at Rubenstien, Siegel. Stating that they were now calling on behalf of Capital One to settling the debt of the outstanding $2900 and that they would be sending me a letter of demand in the mail. She asked me to verify who I was by confirming my birthday and my address, then took down my place of work. It sounded very familiar when she said they would discount it to $2000 and when I said I could pay that she said I could make payments to the account and it would be paying Capital One directly, they account number seemed like a credit card number which is exactly the same as i would do when making payments to my wife’s credit card through my online banking. Then it hit me when she said the Firm was Rubenstein, Siegel and they were located on Sheppard Ave and Leslie. Then said I could come visit the office if I wasn’t sure it was legit. I realized this was the same firm that had handled my so called Light Bankruptcy all those years ago….and a light went off that I think all these 3 organizations are working together in some elaborate extortion scheme which has been targeting me for the last 10 years for which I have now paid over $20,000 into…
I looked up the firm website and then looked up the firm Founder on the Law Society of Upper Canada and found him there with an L1 license as a Barrister and Solicitor but no one else listed on the website is licensed.
These people should be in jail not practicing.
I just want to know what the next step should be to get these people out of my life forever. Thoughts?
Ya …. play the exact same game back at them. Threaten legal proceedings if they ever contact you again as you are not aware of any such contract between you and them and in the absence of such their sales proposals are unwarranted and unwanted.
keep fighting the best way you know how ….. I had help from a friend but they finally withdrew. They were backed into a corner in the long run ..
I’m happy to hear of your victory on this one. I was informed of another last week while on holidays that a gentleman had charges dismissed by also standing his ground on the principles of “proof of claim”. It becomes more obvious as time goes on that this isn’t really a battle of right and wrong but rather a battle of will power and property ownership, your body being your chief property, and who has the right to control that property.
The system if falling apart and the tyrants are loosing control. As such there will be much more conflict ahead as the “powers that want to be” continue to struggle for control of our wills and our minds. As financial systems fail and the iron fist tightens, the only thing to do is stand fast in your convictions and wait for the final collapse to come. Let’s pray it’s not as violent as it would appear will be necessary in the lower 48. Let’s pray the people wake up the lies of “government” and “authority” so we can all just walk away from the bullies in reasonable peace.
My husband just started getting calls from this “firm”, Chris Bennet in particular. He hasn’t called them back yet. We did receive a letter from them previously. My husband isn’t so good at keeping his cool when he talks to people like this so I am not certain he could effectively put them off properly. What are the most important things he should say and the basic questions he should ask? We are only even in this jam because of a previous debt that CRA came up with. They called and demanded payment immediately with no negotiation room. Just short of asking for payment in iTunes cards it sounded like the scam that was going around. Three months later they garnished my husbands check for a sizable amount until it was paid off, which was 3-4 months. We spoke with Capital One regularly and told them what happened but finally they cancelled the card and said there was nothing more they could do. I don’t want to ignore this and get any surprises in 3 months but I refuse to be harassed or bullied into paying more or not actually having the debt settled.
The biggest thing you want to demand is evidence of an actual debt and proof of loss on their part. This isn’t a simple “Statement of Account” but actual demonstration of them lending you monies they use to have and no longer do because they gave it to you. Next you want evidence that you and the lender agreed to have this company act as intermediators should there be a falling down of the contractual agreement. If any part of your “agreement” isn’t clearly written out and signed by yourself then it’s not valid. Further you also want to know what happened to the “security” you used to create the funds, if you wish to go this far, and who’s holding it.
The facts are that if you borrowed money from a “financial institution” then they never factually lent you anything and further you gave them a “security” of equal value and owe nothing. If this all confuses you then let me know and I can direct you to information on how the system actually works.
confused….i was talking to this firm yesterday, told me they would put a lein on my house, not sure what to do? are they legit or not?
They are for real. They are scumbag assholes and if you don’t defend then they probably will put a lien on your property without court authority to do so.
Hi Rob !
My name is Attila , and i have also been treated very badly by these so called lawyers . They do not seam to have any web present at all and other than what i could find on google there rally not much on them . However, i did have a credit card from Capital One and in 2009 after contracting the H1N1 virus and almost die in the process i had no choice but stop paying my owing on the card . Long story short , as of 2016 may 9. i had received a notice from this firm in the matter of owning money to CO.
They had taken me to court and i did attend ,how ever they managed to get a lien on my house and i did have to agree to pay them so much a month , that way they will not initiate foreclosure on me and on my house .Truth be told i have been on disability (ODSP)from the day i have left the hospital so at this point money is non existent in our life , yet these leaches are harassing me and i really do not know what to do any more . I just wish i would have find your web site sooner , than i could have had a chance .Yours truly .Attila .
what was the outcome? same thing going on with me, i’m worried :'(
I never heard from them again. I think they sold the “debt” to another collection agency.
I have never heard from these people again. I do get random calls from different companies but I ignore them as I’m under no obligation to acknowledge them or reply to them. The allegations just keep getting sold to dumber and dumber people who still can’t / won’t prove a debt.
I took your advice and responded via email requesting any and evidence of Rubenstein Siegle and their representation with Capital One. When I contacted them to follow after they called me at work, I asked them if they has got my email which she said yes and then asked for my birthday to verify she was speaking to the correct person. I responded by saying since I have never heard of their company, I did not feel comfortable giving that information.
but she replied that to move forward and to discuss the account I would have to provide that information which I replied why would Someone call you claiming to be me who wants to talk about an amount of money that is supposedly owed
I have further investigated that capital one has written off and closed the account. Since this is an unsecured debt i’m wondering if it is in my best interest to offer them a settlement rather than paying the full amount since capital one has written this debt off. Thank you for guidance in this matter
.
That is a viable option that they should negotiate, however, do you actually owe a debt to these people and can they prove it? That would be my primary investigation before agreeing to pay anyone anything.
How exactly do they prove the debt is yours?
They require your signature and have to prove a loss. https://youtu.be/VIASUevlLMY
does that mean a signature on a credit card application?
does that mean the signature at the time of a credit card purchase? How do they prove a loss?
I don’t think you could consider a CC application as a contract as they don’t disclose the fact that they don’t lend money but rather create it when you use the card. They are factually out nothing as they never actually lent you the money but rather they created it and used the application as a security on the market exchange. I bet they don’t even actually have the original application form any more.
Rob, they do have the original application form and have sent it to me in the court papers
I see where you are going with that statement though.” creating “money when you use the card and not “lending” money. I’m afraid that they might claim that to be abstract thinking
That is a very real possibility. I try to always advise that if anyone wishes to fight the system, whether in finance or law, there is the contingency that they will ignore the facts and just steam roll along as if they actually settled the cause of action issue even though there isn’t one. As to the application, if you have a copy I suggest you look it over with a fine tooth comb and look for any weakness against them within it. Best of luck and keep up the good fight. =0)
Hi my name is Olivia and i also got a letter from R&S.they went to court and got a judgment against me but I don’t work or own anything like a house or a car.so what do they think that they will get from me I owed money to capital one but they wrote off the credit card and closed the account can you please tell me what will happen next if they can’t get nothing from me
To be honest I don’t know what they would try but I don’t think they can actually do anything. Even if you had a job they aren’t allowed to garnish your wages and if you have proof that Capital One wrote off the account and didn’t sell it to debt collectors you could probably get a reversal of any court order against you.
rob… I have been fighting with capitol one for days. one office promised me a fax sent to rubenstein siegel to release me from the debt. I get a call today telling they can’t do that. All along I tell capitol one that in 2007 I called to cancel and that I am divorcing, they say that they don’t have recordings that go that far back.
I tell them that they didn’t protect ME. They allowed him to continue using the card. Where is there accountability to their customers? They they allow this to happen. I told them that they are criminals and they are the ones responsible for doing this to me . I Tell them that I will sue them and file a comsumer complaint. Stephen Low from rubenstien seigel calls me telling that he is recording my call he won’t let me speak , he laughs at me says I sound crazy , That maybe something is wrong with me. And wants to know what I am doing and if I’ll show up in court. I called a manager named Terri identification number WEV175 and tell her that I want a complaint lodged against Christopher Bennett and Stephen Low because of their treatment. Of course I am angry and yelling trying to speak. They are rude and belligerentand trying to make people break. I go to court august 18 and I have sent an message containing everything I intend to submit to the court to GO PUBLIC at CBC.
I have submitted my circumstances to GO PUBLIC CBC
I have also submitted everything I have written to LAW HELP ONTARIO PBLO.
I also informed Capitol one that there is a blog on line that are posting complaints against Rubenstien Seigel and Christopher Bennetts treatment of people.
I did not name the blog.
hi Rob I spoke to someone at Rubenstein Siegel Who offered me a settlement it was less than the money I owed. if I agree to the settlement can I ask them to send me a settlement offer agreeing to the terms that I spoke to them on the phone which was recorded. also the said I could make my make payments directly to capital one. if I agree to their terms and they send me a settlement agreement do all current and future legal actions towards me stop thank you in advance
Hi Jack, we agreed to a settlement with them in court and our agreement was to pay Capital One directly. If you don’t pay on time, Capital One will tell them and your deal goes out the window and the full amount plus all the back interest is owed. We settled $7K debt at $100 a month until it equals $4900. No further interest. But if we miss it, it goes back up to $7K plus all the back interest.
If you honour the settlement agreement terms then they can’t launch any further action against you.
I tried this exact defense and the Rubenstein rep and the Capital One rep got into a mediation room with the Judge and they all basically laughed at me. Even the Judge was questioning where I would have ever come up with the idea that they have to prove that they are represented (which they did by having the Captial One lady there), prove that I owe them by way of a signature, or even prove that the debt was mine. The judge said that this is a straight forward debt and that the copies of the statements are enough to show that the debt is outstanding.
I had even brought proof that Capital One had closed the account and written it off, but that doesn’t mean that you don’t owe the debt. It’s an internal accounting process they use (according to the Capital One rep that was there). I even counter-sued and accused them of buying the debt off of Capital One… all to have all the people in the room basically laugh like I was an idiot and offer a payment plan. It’s really not worth the money and time invested. Call them up and tell them you want the plan that CO offers their clients. They offer to stop interest payments if you cancel your card and promise to pay them a monthly amount. If you mess up, the deal goes out the window and the full amount (with interest) is payable.
Just my two cents. I wasted time and money on trying a defensive route.
I got a letter from these guys on Thursday last week, and I am pissed. I worked with a debt consolidation company to pay off my capital one card but due to Rubenstein Siegel’s insane demands, capital one went to another company. I paid off this debt about 3 months ago and have been waiting on capital one to sign off on the paperwork, but I got a lovely letter from Rubenstein Siegel saying that they will initiate a lien they got against my house (which I should have fought at the time since I don’t own the house and because I know they probably lied to get the lien). I talked to Christopher and he is an arrogant SOB. He kept calling me “miss” and kept interrupting me when I was talking but I could not interrupt him. I hung up on him.
This morning he called me but got voice mail. I called back and before he could say anything, I told him my name, told him to lose my number and I will charge him with harassment if he calls again because his firm was not holding the debt any more.
I can understand companies wanting to collect money, but to go after me for $388 left from a $5000+ debt is ridiculous. They need to get their facts straight before harassing someone.
All debt collectors are scum but Rubenstein ranks right up there on the fuckwad ladder close to CRA. demand they demonstrate the fact of a debt and that they are at a loss from your actions.
Apparently the last $388 payment went through, but Rubenstein is now saying I owe another $300+.. For what I don’t know. I have set the lawyers who got the money the right way on these buggers
Good. Hold them accountable for every accusation they make and make them prove their claims.
Apparently Rubenstein has decided that there was interest charges from when they had it. The debt consolidation company paid it on my behalf and told them to bugger off. My release letter from Capital One is due in a few weeks and I will make sure that the illegal lien against the house is removed promptly
These people have sent me a lettet saying they have obtained judgment and filed a writ of seizure and sale…i am lost…should i go to their office? Or go see a lawyer?
If you are unsure about anything they are claiming you can always ask for clarity on the issue at hand. There is no need for a lawyer until you have all the facts at hand and can direct their actions in your best interests.
a default judgement ? Doe that meant that they went to court with out you?
Yes it does, and you were convicted “in abstentia”.
I went to the court house today and saw duty counsel, I have prepared a motion to ask a judge to set aside a default judgment and allow me to defend. I have just served rubenstien siegel and I have a court date. I am terrified.
I’m pleased to hear that you’re taking actions to correct this issue. As to the fear, that’s natural. I’m confident that you’ll do fine. Just make sure you make and keep notes and have copies of all the documents filed into the court to refer to if needed. =o)
the question is do I stand a chance of making this problem go away???? When I have never used this card only my ex husband?
went to court .. they asked for an adjournment and got it … i have to go back in august … Rubenstien seigel had a parallegal represent them … not the lawyer that called me … This paralegal is the same man who said that he served the original papers on a sworn affidavit of service to my address but did NOT … they were sent to an address that I have never lived … so that must be how they went to court without me and got the default judgement …. Maybe they do this to a lot of people
Hello Lisa, I have the same problem even worse with Seigel. they swore an affidavit that they served me,in Canada and I have not even lived in the country for 9 years. 9 years later I get a default judgement sent to me, in Belize! and they are trying to collect it. What a bunch of dishonest scoundrels, maybe I can help your case, as there seems to be alot of this dishonesty with them.
they amended their afadavit of service during this adjournment time, stating that they had used a template and forgot to change the address on it ( clerical error) I feel they are trying to make me out to be a liar. I am not!! but if they served papers in person to an adult … they have offered NO name of the person that they gave the papers to.
Hi Steve, I don’t know how they get away with this.What happened to you in the long run?
I am not sure just how you could help me with my case but believe me I am open to all advice. The only defense I have is that my ex husband didn’t do what was laid out to do as we were separating. I called the card company, I did everything laid out in the separation agreement. When I left there was a small debt. He continued to use the card for his business. I no longer received billing. There was a no contact order involved and I had no knowledge. He kept the house the cars the business equipment and business. I would like to believe that we were just trying to move on in life. My separation agreement where he took sole responsibility of the debt ( which he should because he kept the lion’s share of everything ) is my ONLY defense.
I got a huge stack of papers as a response pretty much telling me I have NO defense. Iam at my wit’s end
Is this blog active still?
Yes it is … as I have time to work on it. I’ve been very busy lately. Is there something specific I can assist you with?
HI i just had contact with this company. They called me eight months ago and threatened to put a lien against my house. He stated he bought my account from capital one Anyway i called capital one and they said no your account is fine continue with small repayments because i had been sick. So next time i told him i had talked to company to stop calling me. I ended up talking to them three times each time i was told the same thing until i received small claims papers from this firm your talking about. Anyway i called capital one right away and this time my call went through to legal department where i was only allowed to leave a message instead of to a agent. I think called obudsman and they gave me some info and numbers. I recalled capital one after emailing their obudsman to complain about all this. I got email back saying i had to go through steps first before they will look at it so called capital one to get a hold of a manager. Well that is small feat in itself but finally did I am at the point now of waiting to get a complaint into the company. I am so upset i feel like they are half involved in all this and trying to purposely wreck my credit. When i spoke to them at least three or four times i kept asking are you sure you did not sell my account and you do not know this guy? No they said ignore him. I am fighting mad.. i have two sick kids and myself not well but this just upset me to no end. There needs to be laws against this stuff. Now i see they use to collect for the company? The company tried to also tell me after all this happened that they would have sold it to someone else first and he bought it from them but i am thinking not and by the way he talked he bought directly from capital one. If you can give me any advice that would be great. He knew also that i had a house and he could or bragged first call that he could put a lien against it? unbelievable..
I have the same story…. they have a default against me threatening to take my home . I didn’t know about it untill I tried to get a loan … I can’t get a loan now . I went to the court house and asked they gave me papers that had never been served to me at my address… the paper went to a place across town… This debt was a credit card that only my ex husband had ever used for business purposes only. I have never used it . When we divorced he kept the business and the house and went on doing business. and apparently usind the card untill he claimed bankruptcy . I didn’t know he lived in toronto and had all his business mailed there.. i just went on with my life . In my separation agreement I agreed to him keeping the home and business and with that he was agreeing to keep his business debts…. I didn’t get a lawyer . I wasn’t emotionally well enough to deal with divorce … and I am not strong enough for this …. I didn’t do anything wrong…I don’t feel I should have to do anything !!! It is not fair that I am getting this treatment or I lose my home for some thing I didn`t do !!! I can’t afford a lawyer and don’t know what to do
If your husband declared bankruptcy then that debt should have been included and thus discharged in the bankruptcy.
I don’t mean to butt in here Rob….but that statement is not entirely true
the debt will survive a divorce and can and will be passed on to the ex of the discharged. Of course this can be recovered with a third party liability claim,however, why not nip it in the bud with a stay, and a viable defense. Usually sends a default judgement without proper assessment and proof of claim back to the courts to be re-examined.
You go Lisa!!!!! and don’t let the criminal bastards intimidate you!!!!!
Rob, let me say thanks fer the gd reading of ur responses to a # of scenarios. Id have a question but but read many of the posts an u gave me direction whn i was only lookin up “who” and not the other 4 w,s just yet. So many diff kinds of law, wer Americanizing in tht regard with each passing day, scary thought. Keep up the gd work. Many thanks, Dennis
Thank you for your positive feedback. It’s encouraging to know I’m helping someone out there. =)
I have a default judgment against me from this firm because I did not show up for court.
I received more court papers a few months later to discuss my finances and why I have not been making any payments. Also stating that if I did not attend court I could be found in contempt, possibly go to jail.
I attended court and agreed to $200 a month until the next court date.
Was this a smart move?
The actual principal was way lower then what they claim in the default judgment.
What should my next step be ?
Greg
I’m curious what evidence they’ve provided that they actually even lent you any money. Whenever I’ve asked for evidence they never provided it so I’m not even sure what it would look like. They provide “Statement of Account” and stuff but that’s not evidence they actually lent you money and are at a loss from you. I really suggest you learn about money and what it is and where it comes from because you probably actually exchanged promissory notes and they got their “payment” when you signed the paper. I wouldn’t try to argue that in court though. I’d just request for the evidence they actually lent you anything and that they are at a loss.
Check case laws. Statements of Account aren’t evidence they are claims against you. CRA has even lost that battle.
The court papers I received had scans of the credit card statements, is the only evidence that I can see.
Should I try to negotiate a consumer proposal with the lawyer to settle the account?
You can do that if you like. I’ve responded in the past that statements of account aren’t evidence of a debt. That said I lost my suit in the Superior Court so CRA is back after me. They had the matter set aside on the grounds that the Application was against the Attorney General of Canada and as such the Federal Court has exclusive jurisdiction. At this point I don’t know if I have the energy to start it all over again in a courthouse an hour or more away from me.
A consumer proposal is an option that is available and they do accept as legal. It’s also something that the Solutions In Commerce guys teach. If you wish to accept the statements as proof of debt then I would suggest you settle the easiest and best way possible to you. You will need to disclose your financials to them and set up a payment plan with them. After just getting out of the hospital for medical issues arisen from the stress from my situation I wouldn’t blame you if you negotiate a settlement with them. Until others are actively willing to step up and fight it’s going to be VERY difficult to succeed.
I wish you much luck in your battles.
Hi there recently received court papers from this firm. They were photocopied, not sure if they are real or not. They also said they will garnish wages and the paper work has been put into my work place. I won’t pay them if they garnish my wages. Also they said they have put a lean on my house.
All seems funny to me and a little fishy.
Corey
Why did you not respond to these people earlier? You should have you asked them when, where, how, and why this alleged debt arose? Have you asked them how they know your work place? It’s illegal to garnish wages so if your boss concedes, stop working. I don’t know about you but I don’t work for free.
As to the “photocopied” papers they are required to provide you with a copy. How else are they going to accomplish that if they don’t photocopy it? That’s what they do. They will have the original on file in their office.
Hi Corrie – same thing just happened to a friend of mine. What was the resolution of your issue? How is any of this legal? They are obviously forging the affidavit of service and taking these into the court system and then charging ridiculous interest years later?
How is this still happening in 2020?
As a follow up, my comment (above) was made before having any interaction with the firm in question and at the time, I had no information about them at all. I was under the impression that they were not a real firm, which is not the case.
My experience with the firm is that they were able to produce all the records in question, the affidavits of service were not forged, and proof of service was confirmed (several attempts were indeed made. I can also confirm that they do in fact act directly on behalf of the credit card company and have not bought the debt. Overall, the firm was responsive, easy to deal with, and ultimately, the issue was resolved.
This actually gives me some hope! I had once heard that “Rubenstein Siegel” was not technically a hired attorney on behalf of Capital One, but in fact just another debt collector fronting as a law firm. I really didn’t believe it because when you google them, they look legitimate. Now from what I understand from this post, is that you were asking for them to prove they were hired by capital one by written agreement, to represent them against yourself. You specifically? Or just as legal representation on a whole? Also, you asked them if they were qualified to represent capital one in court?
Recently my husband was sued by “Capital One Bank (Canada Branch)” with “Rubenstein Siegel” as lawyers for the plaintiff. If he was to file a defense on the grounds that the case was filed as a misrepresentation, or that RS had no right to sue on behalf of capital one, would that be along the same lines as your request?
Sorry for the long letter. Any help is totally appreciated!!!
I don’t believe so in your matter because the suit has already begun. There are some other techniques you could try like motions to dismiss based on … I’d be interested in assisting you further on a one on one basis as this is exactly the type of thing I’m helping others with for income right now and we’ve been very successful using logical arguments and not attracting the fact that we are of the “Freeman” type. There are several ways to contact me that you can find at http://www.robsmithcounsel.com/contact-rob/
To be specific I am in the middle of suing the crown as a pro se litigant and have had successes during the dispute and between myself and a friend I’m assisting we have 5 wins in traffic court resulting in withdrawals and 1 loss because the justice ruled that the constitution, need for a cause of action, and for the prosecutor to prove jurisdiction is irrelevant in his court room. These things can happen but they are also appealable should you want to fight that hard.
Contact me privately and I’ll assist as I can and talk further with you regarding your case.
http://www.robsmithcounsel.com/contact-rob/
HI Rob,
I too have been contacted by Rubinstein Siegel… by a Christopher Bennett to be exact. He left me a voice message, but did not say why he was contacting me, only that I need to return his call. I assume it has something to do with my outstanding debt. I realize you have no obligation to help me in any way, but I could really use a break… a friendly, compassionate person who understands. I have been through so much over the last five years… and despite many outstanding challenges, I can finally say I am happy with the direction my life is going in… I am finally at a place I can say I like who I am.
I was in an abusive relationship for nine years. We owned a home together but were living way beyond our means. He was charged with assault and had to leave our home (on Jan 30), 2012. I was on my own there, clinically depressed, very anxious and scared. I lost my job due to what was happening in my personal life (I should have sued Pet All Manufacturing for wrongful dismissal – a terribly run, morally corrupt family run company – the family being the Merrick’s), and I ended up just living off my credit cards. We had to sell the house which took much longer than we thought.. we lost money in the end, having to pay on closing (in October 2012).
There were many times I wanted to give up, but I didn’t. I have a son, shared custody, which is another story all together that happened years before this one.
I am currently working, To add to my problems, I am being sexually harassed at my workplace and I’m not sure how to deal with that situation.
I would love to be able to speak to you about my seemingly endless legal issues, and would be so grateful if you could help me in any way.
Thank you,
Susan
Susan, I have been very busy lately myself with a recent armed theft by the OPP of my property that I lent my common-law son in law.
If you would like to discuss some of this through Skype my Skype name is “the.alsmith” but please let me know who you are when you request to add me. I get strange requests from 20ish aged women from foreign areas with weird names and I can only imagine why they would contact a man old enough to be their father whom they don’t know. I’m sure you understand that.
I had set up a similar program in the members area but no one ever used it so I removed it to assist with speed. If that idea sounds good to you or others that read this let me know and I can recreate something for those purposes.
-Rob
I received a call just today. Dec 3rd from Chris Bennett from Rubenstein Siegel . I have an outstanding debt . Not sure if I should call or ignore it.
Jo
Rubenstein Siegel is a popular firm for these people. They must bring them results. Don’t ignore it or they’ll get a default judgment against you. Instead ask questions about who they are and what they want. If they accuse you of a debt or state you’re being “sued” ask for the evidence of their claim. Never just accept their accusations and don’t ignore them.
If you think of it as a fight, which it is, imagine the bully punching you in the face and you trying to walk away. It never works to your favor. You must fight back and defend your self and your property. Further, don’t deal with them over the phone. Tell them you’ll only accept written correspondence from them. If they don’t have a good address to get a hold of you that’s not your responsibility to resolve for them. Be a bitch about making them work for any inch they gain.