I am having a dispute with a loan company. Ontario. They tried to go back on a written agreement and I tried to escalate

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Customer: I am having a dispute with a loan company
JA: What province are you in? It matters because laws vary by location.
Customer: Ontario
JA: What steps have you taken so far?
Customer: They tried to go back on a written agreement and I tried to escalate a complaint and was not assisted further.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by Ulysses101 in 9 mins 1 year ago
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Ulysses101
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Ulysses101
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Ulysses101, Expert

Hello, thank you for the question.  Can you tell me more about what's going on?  Don't use details that can identify anybody.

Customer
I have a series of emails with the loan company that I can send which will illustrate the dispute
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Ulysses101, Expert

OK, go ahead if it's not too long.

Customer
Where can I forward them to?
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Ulysses101, Expert

copy to this dialogue box.

Customer
Ok this may take a moment
Customer
Athena (Borrowell)Jul 2, 2021, 12:49 PM EDTHi Leo,We can have that updated on your account.Your loan will now be taken on the 6th of each month moving forward.
Customer
Athena (Borrowell)Jul 8, 2021, 2:29 PM EDTHi Leo,I'm following up on the payment date change for your account.As your June payment was late, we will have to take your July payment on the 30th.Your new due date of the 6th of the month will apply for August.
Customer
I had already agreed to the July 2 arrangement and made financial changes. I think they have to honor this
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Ulysses101, Expert

I assume that you have communicated this to them?

Customer
I did. They would not budge, nor would they connect me to a manager or a compliant department
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Ulysses101, Expert

Then it's time to retire this debt by paying it off as soon as you can, and then if you're out of pocket any substantial monies you threaten to sue them.  A decent paralegal can write that letter at a modest fee.

If this is a private lender, then Quebec's civil code applies.  The industry isn't directly regulated but like any commercial entity it must abide by its contracts.  Here's a good article on the subject:

https://www.mondaq.com/canada/constitutional-administrative-law/517136/canada-quebec-commercial-lending-law

https://www.opc.gouv.qc.ca/en/consumer/good-service/credit-collection-of-debts-and-personal-finances/money-loans/advice/caution-lender-individual/

I hope that helps your deliberations.

Customer
Define "substantial"
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Ulysses101, Expert

An amount that makes it worthwhile for you to sue them.  I don't know how much money is on the table here.  If it's hundreds, then pay them off and don't look back because they are out to screw you.  If it's thousands then that's worth pursuing in court.

Customer
Ok. And would these need to be "real numbers?" I.e NSF fees or can I also sue for damage to my credit rating?
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Ulysses101, Expert

Damage to the credit rating isn't the same as monetary loss.  It could be, but it's not automatically.  I'd instruct my lawyer to sue for that anyway, to see what happens.  Most judges aren't generally happy with private lenders who charge huge interest and hidden fees to keep the customer paying more than they thought when signing up for the loan.  Which is how most of them operate of course.

Customer
Ok, thank you. I suppose I will add up what the NSF fees will be for the remainder of the loan and see if it's worth the hassle. Is mentioning to them I am seeking legal advise regarding the dispute a good card to play?
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Ulysses101, Expert

You can try, but they probably have every dissatisfied customer saying that they'll sue.  They wouldn't pay attention I'm sure.  Only if they get a letter from a lawyer, and even then maybe not.

Customer
Fair enough. Thank you for the advice.
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Ulysses101, Expert

You're very welcome.  I'm here to answer your follow-up questions on this topic at no additional fee.  Good luck.

Customer
Great. I will keep that in mind
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