PaulOK

Note to self: Never rip-off an Ulsterman!

Aviator

I might if I knew who they were?

Colsgirl

Whilst I understand that people move on, it would be nice to know that he has been shut down and can't take money off anyone else. My thoughts to the people he owes money to are:

Have you contaiced the company who manages and/or hosts his website? It can't look good for them having him on their books when he rips off people.

Also, in BC you have to have a business licence in order to operate. I am sure that there must be some comeback there, or why bother making a business get a licence. See below:

Who Needs A City of Vancouver Business Licence?
If you wish to carry on business in the City of Vancouver, you will need to obtain a business licence. Licence By-Law No. 4450 (291kb) provides for the issuing of licences and regulation of business, trades, professions and other occupations within the City of Vancouver.

For more information on business licensing, please contact the City of Vancouver's Licence Office reception at 3‑1‑1 (outside Vancouver call 604.873.7000) or by email at [email protected]. Office Hours: 8:30 am and 4:30 pm, Monday to Friday

Contacts:

<snip>

Oops sorry. OK so I hope this will be OK - for the location of their offices, hours, departments to contact etc see this link:
http://vancouver.ca/COMMSVCS/LICANDI...us.htm#contact

Aviator

Why would they care so long as he pays their bill? I doubt any antics by one client is going to affect their business.

This is to operate a business, so long as you have a license and comply with city bylaws, the city don't care how you conduct business.

The only legal recourse anyone has against a business that they have a grievance with is to take them to court. To do this you need a physical address, a mail box number won't do. To get the physical address one can do a search through the BC business registry.

A complaint can be filed to the BBB, but there is not much they can do other than post it on their website. There have been no complaints filed in the past 36 months against this firm.
http://www.bbb.org/mbc/business-revi...ver-bc-1128471

cserpent

He let his licence lapse some years ago from what I'm aware, and the address he had on it he's most certainly not at now!

You can't take him to court because a) he holds you off to the maximum time involved, and b) it's unfeasable as it's going to end up costing you more in airfare, hotel, food etc which you can't reclaim in your claim anyway.

Check the BBB - you'll find TWO entries for Andrew Miller as I've already said, he doesn't respond to the BBB anyway - so again - what's the point!

Almost Canadian

I don't understand this argument. The breach of contract won't arise until he fails to do what he agreed to, or until you become aware of this. I don't know what the limitation period is in B.C., but in Alberta, it is usually 2 years from the date of the cause of action and, if fraud is alledged, there is no limitation period.

cserpent

The limitation in BC is also 2 years, but you have 2 years from the date of payment/contract to make the claim from what I'm aware. The criminal aspect of fraud under $5000 also expires in the same period.

Additionally you actually have to FIND him to serve the complaint!

jericho

My understanding is that the burden of proof required in fraud cases is such that almost all cases fail. Your best argument would be breach of contract, through which you can claim damages.

Almost Canadian

I doubt that very much. It would be 2 years from the date of the breach or from when you ought reasonably to have been aware of the breach.

I can't obtain access to the B.C. Limitations Act, but I do not believe it would be that different to the Alberta one.

Contracts commence all the time, no cause of action arises until the breach.

Imagine a contract to build something that will take 10 years to build. It would be ridiculous to only hold the builder liable for acts/omissions that occur within 2 years of the signing of the contract, or when the first payment was made.

Tracywall

I filed a complaint with the BBB all they do is try to mediate a resolution between you and the other party... Andrew Miller didn't reply to their correspondece...I even contacted the Vancouver Police Department, they weren't that interested in it and suggested that all those who have been affected file a class action lawsuit against him... I also contacted the business licensing department and found this out.

Dear Sirs,

I am in the process of instigating legal proceedings against an Immigration Business trading as A. Miller & Associates, Inc. address 581-1755 Robson Street, Vancouver, BC. V69 3B7. I have had a corporate search done but unfortunately, there were no results which I guess means that the Company has not been Incorporated. In the Guide to making a claim in the Small Claims Court, it states that if the business you are suing is not incorporated, then to contact your local business license office and ask for the correct name of the business and the name of the owner.

Please can you provide me with this information together with the registered address in order to enable me to correctly address the company on the Notice of Claim.

If you require any further information to enable to you perform this request, please contact me as a matter of urgency.

Many thanks in advance for your assistance

Kind regards

Tracy Wallbank
Reply Forward

Reply |CSG License Office to me
show details 3/4/09


Dear Tracy
I have researched the address that you gave us and there is no one licensed in Unit 581 at 1755 Robson St. I have noted however that this location has a postal rental box agency and the address that you have could be just a post office box and not a proper suite no. There was a consulting license issued to an Andrew P Miller operating as A Miller & Assoc at 909 Burrard St Unit 306 Van BC V6Z 2N2 back in the year 2006, but there has been no licenses issued there since 2006 and nothing current under this business name.

If you require further information, please give us a phone call at 604-873-7568.
Thank you
Cathy





Hi Cathy,

I can't call you at the moment as I am at work but does this mean that there is no such company as A. Miller & Associates?? If this is the case, where do we stand legally?

Any help you can provide will be much appreciated.

Kind regards,

Tracy


- Show quoted text -
On Wed, Mar 4, 2009 at 4:02 PM, CSG License Office <[email protected]> wrote:


That's correct. They do not presently exist in our files as a limited or incorporated company. The company A Miller & Assoc was operated as a sole proprietorship under the name of Andrew P Miller.

Cathy



Whilst this was going on I did manage to make contact with Andrew himself and as I have previously posted it all got very ugly with him threating all sorts of action against me... he even informed potential new clients who had mentioning the thread on expats to him that we were in the process of being deported from Canada... yet another lie as we are here as permanent residents.

Anyway whilst I would love for someone to find him that someone isn't going to be me.... I figuered I did virtually everything I could with the exception of starting a law suit.

Northernlass1

Is Mr Miller still helping those in need?
http://www.tonews.com/post/1903882/m...ease_help.html

Journeyman Electrician

As always there are two sides to every story, I offer without prejudice this email sent by Andrew to address what allegedly conspired on BE quote un-quote.

"It is quite simple story - clients of mine (husband and wife) who retained my service to assist them in getting Canadian PR through the temporary study/open work permit route leading to skilled workers application decided close to the end of the process that they want their money back. Regardless the fact that I have provided all what I was retained for and a lot more. They received their study/open work permits in almost no time with my assistance, moved to Canada, primary applicant started working on already waiting for her the job and several weeks later PR application was submitted with my full assistance. Around that time they decided that they don't need me anymore and they want their money back - in their stupidity they emailed me the demand to refund the service fee and in said email they threatened to post damaging messages in BE forum. I of course refused and they started posting, separately as two different posters in BE. Another email from them stated that they will retract the accusations from BE as soon as they receive the refund. I refused again and forwarded all extortion emails to the police. The investigation is still pending (it is not the high priority for law enforcement) but I will make sure that they are charged and subsequently deported. Anyway, few months later they received their PR visas and are now Permanent Residents (hopefully not for long). All with my full assistance and in shorter time than anticipated.

As in any other Internet forum there were tons of trolls who post controversial and/or inciting messages - it happened this time too. There were several posters who jumped on the bandwagon once the above couple started posting their libelous messages - some of those posters were legit posters who were not in any way clients of mine but were trying to state their opinion anyway without knowing the facts, some posters were just trolls who falsely claimed to be my clients who were ripped off and some were wanna-be competitors of mine who saw the opportunity to "take me down". The general rule of usenet is not to feed the trolls - so, for that reason and due to serious health problem I was going through at that time I simply decided to stop posting in BE.

As a rule I don't accept cases from anyone who may for any reason doubt my integrity - mistrust is a very destructive force in client-professional relationship and I prefer not to take the case if by accepting it I can get myself into not so comfortable situation.

The same rule should be used by those who seek professional assistance - they should only hire someone they fully trust.

There are tons of immigration practitioners in Canada and you shouldn't have any problem finding someone you and your friend will be comfortable with".


Respectfully,

../..

Andrew P. Miller

By posting this I do not necessarily agree or disagree with the contents I do however believe that the author is whom he represents to be although I am unable to confirm this.

cserpent

As I've already stated, he's taken a few thousand dollars from me, then refused to respond further once he's been found out he didn't file my papers.

He still has refused to answer me, I have nothing to hide - you've seen the emails from both Miller and myself as well as those by CIC.

You will note he makes no effort to defend the actions he did against me.

He is welcome to respond at any point!

PaulOK

Something still doesn't add up. BE is one of the premier forums for expats and wouldn't you want to respond directly if such harmful things were said about you? Plus Miller must know that it is incredibly difficult to get any PR deported from Canada; The government spent 6 years and millions of dollars getting Jackie Tran deported back to Vietnam and they are still having issues expelling a Montreal based 'connected' Italian PR who has served time for murder. Thus, I hardly think he will be succesful getting people deported on the strength of a few, real or imagined, e-mails. Mr. Miller seems somebody given to grand claims that he doesn't follow through on.

This guy may be legit but why take the risk? Like Miller said, "There are tons of immigration practitioners in Canada".

Journeyman Electrician

CIC can withdraw PR if they believe you have acted / filed in a fraudulent manner to gain PR. Didn't Jackie Chan (or what ever his name is) come over as refugee, if so that could be the reason they were having difficulty.