Question 2

Fahad had a student loan that was in arrears.Collection of the loan had been transferred from the original lender to Kneecap Collections Inc., a collection agency.When Kneecap demanded payment, Fahad questioned the amount that was being claimed, which was much larger than the amount of the original loan.Kneecap did not give any explanation and insisted on immediate payment.Fahad said that he would not pay any amount until Kneecap provided an explanation for the amount owing.

Shortly after this, Kneecap began to harass Fahad.They made violent threats to Fahad and repeatedly called his employer, making false statements about Fahad.They told his employer that Fahad had defrauded the employer and that he was secretly working part-time for a competitor.As a result, even though Fahad said that Kneecap was not being truthful, he was fired by his employer.

What claims might Fahad have against Kneecap?Are there any defences available to Kneecap? You are the judge.Make a decision and explain how you reached your decision.

Case:

Tran v. Financial Debt Recovery Ltd., 2000