Does the phrase "no collection, no charge" also appear in the written contract?
British Columbia, Canada
The following excerpt is from Metropolitan Credit Adjusters Ltd. v. Jack, 2020 BCCRT 1084 (CanLII):
18. The phrase “no collection, no charge” also appeared in the written contract. As mentioned above, the contract was a 1 page form. It contained the heading “Terms and Conditions No Collection – No Charge”. The contract did not state that headings were for reference only. Headings as well as the text of a contract must be considered when interpreting contracts (see Yin v. Abexco Inc., 2018 BCSC 1821 at paragraph 28). Under this heading, paragraph 3 stated that the creditor would report all payments received from a debtor and that “full credit” for the collection would be given to Metropolitan. It also stated that the 25% commission would apply. When the heading is read with paragraph 3, I find the contract stated that the creditor must pay a 25% commission to Metropolitan once payment was received, regardless of who collected the payment.
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