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407ETR Matters

Social Media – 407 ETR’s Kryptonite

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By Tammy Flores
August 13th Edition

This month the Superior Court of Justice will rule on whether or not 407 ETR can ignore Ontario’s Limitations Act. 407 ETR is trying to say that the law allows the company to “discover” a claim when they decide legal action would be the best solution to collect on a debt and so therefore, it can take more than 2 years to “discover” a claim. The Limitations Act says that legal proceedings can’t begin more than two years after a claim is discovered. 407 ETR is also saying that a customer enters into an agreement with the company for fifteen years when they decide to use the highway. The group “Stop the 407 ETR’s Abuse of Power” is hopeful that the judge will strike down 407 ETR’s action because there are way too many suspect circumstances surrounding the amount of time the company waits to collect on a debt and what the company claims is an agreement.

“Stop the 407 ETR’s Abuse of Power” questions the company’s move in suing Ira Day considering there are many more cases that the company claims owes much more than Ira Day’s $13,719 in tolls and fees. We have seen recent media coverage of consumers that have received bills for more than $40,000.00 after not hearing from the company for many years. The consumers have no idea what the charges against them are for, but the company claims the money is owed. The group is suspicious of the company’s move because of a recent article by Jennifer Brown, for Canadian Lawyer Magazine.

In an article she wrote entitled “It’s Game On In Bet-The-Company Litigation” she quotes Tom Curry, a partner with Lenczner Slaght Royce Smith Griffin LLP, lawyers for 407 ETR’s Supreme Court case on whether or not the company can ignore the Bankruptcy Insolvency Act, as saying “For in-house counsel the key is to own the challenge — everyone on the business side is looking to you for guidance and leadership and you must demonstrate you have the mental toughness and commit to success. These kinds of cases are not for half measures. Everybody will be looking to you and it’s a great relief when you adopt that posture…Phase one was ensuring there was an internal awareness and acceptance of risk related to the practice that gave rise to the litigation…When phase two arrives it’s game on for in-house counsel and there are two critical functions: one is to on-board and integrate external counsel into the war effort. The external counsel becomes the quarterback, as it were, for cases of such importance. The second is to become the person who internally marshals resources.”

So in layman’s terms, that means 407 ETR’s lawyers are advising the company to continue to practice as they are, knowing full well in advance, that their practice is risky, but to continue in that way regardless of whether or not it is ethical or follows all the laws of Ontario and Canada as they agreed to do in the Concession Agreement they signed with the Province. They have essentially declared war on consumers. Rather than conform to the law, they are trying to change the law. This is very reprehensible behavior on their lawyers’ part and arrogant behavior on the company’s part to think they can just ignore the laws of the land they are operating a business in. Citizens should be outraged for being played!

The article is a telltale of the mentality behind this company’s behavior because Curry goes on to say that it is a high risk litigation that is “all-consuming and a must-win situation…” for the company. This company’s lawyers are not concerned whether or not the company is following the rules, but that they can and should push
the boundaries and change the playing field. They view their practice as a game they must win at all costs. That is why it is sickening to see the Province of Ontario shy away from properly legislating and regulating this company to protect consumers. At this point, the Province should be like a referee and blow the whistle and site the player that’s cheating for not following the rules.

Curry goes on to say “you can’t look too excited when it goes well or too devastated when it goes badly…” So they are wearing a poker face. Consumers are calling your bluff 407 ETR. Will the courts penalize you for not following the rules? Time will tell.

One positive thing revealed in the article is that the company is afraid of Social Media. If the public wants to “win”… we have to use what they are afraid of. The company’s lawyer discourages any of the business people from going to court and recognizes that they are only comfortable in a conventional media environment. I suspect that’s because they usually have more control over the message they want the public to receive. I remember telling Kevin Sack, 407 ETR’s VP of Communications, back in 2012 that he was not going to control the message and I meant it. We are thankful that Social Media has been a tool in shining light on the abuse of process this company is notorious for. We encourage people to continue to use this company’s kryptonite, Social Media.

To the Superior Court Judge. Do the right thing by Ontario Consumers. Tell the company to play by the rules.

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407ETR Matters

Diplomacy Doesn’t Work with 407 ETR

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BY TAMMY FLORES

We have heard many stories in the media whereby 407 ETR incorrectly billed people due to 407 ETR’s equipment failure. Double billing, not recording the entrance or exit and misread plates seem to be the main issues with 407 ETR’s equipment. Generally, if one of those stories hits the media, the company is very quick to save face, apologize for their mistakes and right their wrongs. But what happens when they try and charge the person the company claims actually owns the charges?

You have read about my case in the past few articles. The company refuses to prove any lawful charges occurred and feels entitled to thousands of dollars in fees and interest. No matter how much you protest that the company made mistakes and had many opportunities to make it right but didn’t, the company says you owe whatever they say you owe. That is not fair at all and I hope to find a lawyer to take these guys on once and for all.

Generally speaking, it’s a business decision whether or not to sue. It’s comes down to dollars and cents. What costs more, the bill or a legal defense? That’s why some issues should be a Class Action or you need to find a lawyer that will sue on contingency. When you are doing something that benefits the public, this is the fair way forward, but it’s difficult to find a lawyer that can handle the risks associated to this kind of a lawsuit.

In all my attempts over the years to resolve my issues with 407 ETR, the company kept giving me false information and tried to justify their behavior. They never accepted their mistakes. They never attempted to right their wrongs. They continue to keep me in Plate Denial in an effort to extort thousands of dollars that is not owed to them.

My most recent communications with 407 ETR’s internal Ombudsman’s office was short and sweet. They refused to answer any questions and just tried to brush this off like I was going to go away and just pay because they said so. Those who know me know that will never happen. This company will never receive another penny out of me… and not just because pennies don’t exist anymore. They won’t receive any money because I don’t owe them any money.

I have decided to move out of Province because I no longer want to live in a Province that prop’s up a company like this. I will then be able to own my own vehicles and put the shenanigans of this Province behind me. This is going to be my last article in the Toronto Caribbean Newspaper. I will be posting to the Stop 407 ETR’s Abuse of Power website from time to time, but this is the only way for me to win against this bully company. Thanks for reading all these years. I wish you all the best.

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407ETR Matters

407ETR Asks Us to Do Them a Favor

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BY TAMMY FLORES

In my last article, I spoke about how 407 ETR started to send out what the company is calling a “discretionary interest adjustment” http://407etrabuseofpower.com/index.php/407-etr-sends-out-a-discretionary-interest-adjustment/. In the article, I posted a forty minute call I had with one of the company’s customer service representatives.

Last week, I got a call from Kevin Sack. Kevin Sack is 407 ETR’s Vice President of Government Relations and Communications. He said he was calling to ask me to do something for the company. Although I remained silent in the conversation, in my mind I was saying, “are you freaking kidding me?” He wanted me to remove the phone conversation I had with the company’s customer service representative. I told him that if the company would treat me fairly I would, but because they still won’t deal with me, I am leaving it there and now I am releasing the phone call I had with Kevin Sack. https://youtu.be/RnPFDRyGyos

In North Carolina, they have a policy that addresses when toll bills should be mailed. GS 136-89.214 has been around since 2013, and the ninety day rule has been in place since then. It currently reads as follows: “If a motor vehicle travels on a Turnpike project that uses an open road tolling system and a toll for traveling on the project is not paid prior to travel or at the time of travel, the Authority must send a bill by first class mail to the registered owner of the motor vehicle or the person who had care, custody, and control of the vehicle as established under G.S. 136-89.212(b) for the amount of the unpaid toll. The Authority must send the bill within ninety days after the travel occurs, or within ninety days of receipt of a sworn affidavit submitted under G.S. 136-89.212(b) identifying the person who had care, custody, and control of the motor vehicle. If a bill is not sent within the required time, the Authority waives collection of the toll. The Authority must establish a billing period for unpaid open road tolls that is no shorter than fifteen days. A bill for a billing period must include all unpaid tolls incurred by the same person during the billing period.”

In other words, if their tolling authority doesn’t send a bill within ninety days, they waive all tolls. That seems fair to me, but 407 ETR doesn’t see it that way. They falsely believe they should be able to get thousands of dollars in interest and fees for their mistakes and when you tell them you aren’t paying for their mistakes, they place you in plate denial. You no longer can drive a vehicle. How is that fair?

Had the Province of Ontario developed a policy like North Carolina’s, it would have prevented the predatory practices 407 ETR has been accused of for so many years. My group would never have been necessary. While I do really believe Mr. Sack when he says the company has heard my concerns, I am puzzled as to why they don’t just treat me fairly. I know the company has heard me because I see the changes the company has made and while it’s a positive step forward, there’s still more work to be done. They still need to deal with me. But so far the company is burying their head in the sand. They think leaving me to languish in plate denial forever that someday I am just going to pay some fictitious bill. After all of these years you would think they would realize that I am not paying them anything and apologize for their mistakes. Not this company. They will never surrender and neither will I. We will be in a stalemate forever.

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407ETR Matters

407 ETR Sends Out a “Discretionary Interest Adjustment”

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BY TAMMY FLORES

I got home from work last week to open an invoice from 407 ETR for one of the three accounts the company opened in my name that showed the previous balance of $7,240.12 had been reduced by $5,610.40. The invoice gave no explanation why other than to say, that it was to “assist” me in settling my account. It’s called a “discretionary interest adjustment” and the company claims on the invoice that no further interest will be added.

So I called 407 ETR right away to see what it was all about. I was told in 2012 that there was nobody that could assist me in settling my account because I had exhausted 407 ETR’s dispute process. Fast forward to 2016 and now, after sixteen years of mismanaging my accounts, 407 ETR says they want to help me settle my accounts.

After a forty minute conversation with CSR Curtis, someone pointed out that this new provision was on their website. I soon realized that what was said on the invoice was not the true intent of the company.

“In 2016, 407 ETR introduced a discretionary interest suspension practice for delinquent account balances of qualifying customers. Specifically, on qualifying accounts, interest is no longer being charged on unpaid amounts invoiced more than five years ago. 407 ETR determines the eligibility criteria for interest suspension and may change the eligibility criteria at any time in its sole discretion. At any time, 407 ETR reserves the right to stop interest suspension and resume charging interest going forward on all amounts owing. Amounts which are eligible for interest suspension will not incur further interest charges, but will remain outstanding until paid in full and are subject to licence plate denial and all collection remedies available to 407 ETR. Any amounts not qualifying for interest suspension will continue to be charged interest. Any new usage or charges will also be subject to interest. 407 ETR payment allocation rules apply to all accounts, including accounts which benefit from interest suspension. Specifically, any payments will be applied against the oldest amounts owing until the balance is paid in full. https://new.407etr.com/en/help/general/faq-howbillswork/faq59.html

407 ETR is like a bully on the playground nobody likes. The company doesn’t say what qualifies for this “adjustment” but goes on to say that the eligibility can change at any time they want it to, even stopping the interest suspension and resume charging interest going forward on all amounts owing.

Here’s the forty minute call I had with them. It’s in Google Drive so you have to be logged into your Google account and use google player to hear the conversation. The conversation is very frustrating because they just keep saying you owe because it says so on the screen. https://drive.google.com/file/d/0B4Ev5DuapM5dRnVaNnYwREttYzg/view?ts=571a4157

CSR Curtis denies the company made any mistakes. He goes as far as to say he would be on my side 100% if he had the facts, but when I told him I could send him the facts, he didn’t want them because the company would accuse me of doctoring the invoices.

I showed him how I accused the company of doctoring invoices in a letter from 407 ETR’s very own Ombudsman. The letter said that the company didn’t doctor the invoices, but merely updated the account. Curtis said he didn’t believe me and didn’t have that particular letter… convenient eh? He went on to say that the company didn’t make any mistakes and I own all the mistakes. After sixteen years, they still cannot provide me with all the photographic evidence that tolls occurred, but I still somehow owe them money for undocumented tolls and cannot legally license a vehicle in the Province of Ontario.

CSR Curtis is an unbeliever. He does not believe what I had been saying about 407 ETR all these years. At minute mark 31:34 he actually said that if what I was telling him was true, they should be in jail. He’s right; they should be in jail for what they have done to me and so many other people.

While this new provision of a “discretionary interest adjustment” may appear to be that the company is learning from their mistakes and trying to play fair, when you look beneath the surface it’s the same old song, just put to a different tune. Will the Province ever do their job and act for what’s in the best interest of consumers? Don’t hold your breath waiting.

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