Collection Agencies - Ontario Debt - Canada

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RE: Ontario Debt

Postby Raymond » Fri Jul 11, 2008 11:52:02 AM

/threadview/723/3879/4.html

Be proactive and try something like the above script for the first 3. They won't bug you for too much longer. Alternatively, you can send them a registered letter and by law they are then only allowed to contact you by mail. But again, not too many (actually, none!!!!) collection agencies follow the law and it's not enforced so that may or may not work depending on how dogged their efforts are.

As far as the problem with inquiries go, you can see by Section 9(3)(k) of the Consumer Reporting Act of Ontario that that issue isn't addressed in the legislation.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c33_e.htm

Each of the 2 major credit bureaus follow their own internal policies, which are to complicated to go into here. Unfortunately, that loophole is exploited by collectors to try and blackmail people into paying debts that are either stats barred or even older than the normal 6 to 7 year negative reporting allowed for negative information as per Section 9 of the Act.

It's necessary to contact the legal department of the credit bureau involved and make a written or formal complaint against the offending agency. If you only phone the customer service representative, you'll almost surely get nowhere. The ones I've spoken to didn't even know what the Ontario Limitation Act was. How in the world could you be working for a credit bureau and genuinely not know that?

Ray
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RE: Ontario Debt

Postby patrob69 » Fri Jul 11, 2008 10:25:23 AM

To avoid having them call you just send them a registered letter requesting they don't call you anymore and ask that any corespodence be done in writing only! Make sure you don't acknowledge the debt!
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RE: Ontario Debt

Postby AvonCanada » Fri Jul 11, 2008 09:03:45 AM

Thanks for the information Ray!

Again, bare with me as I muddle through this whole ordeal.

1. After the 2 years are up on my account, they no longer have any "legal legs" to stand on in terms of trying to collect money from me but they can harrass the heck out of me.

2. With regards to my husbands account - because they are all so old, there again is nothing legally the agencies can do to collect the money?

3. They can continue to call boh my husband and I regarding these amounts?

Is there anyway to make them stop calling? Inquiring on our credit? Etc?

If this were your situation, what would you do?
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RE: Ontario Debt

Postby patrob69 » Fri Jul 11, 2008 08:47:40 AM

Hi,

How exactly do you deal with #4 (Getting them to stop reporting to the credit bureau)
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RE: Ontario Debt

Postby Raymond » Fri Jul 11, 2008 08:39:30 AM

Your debt will be stats barred after 2 years (which is almost now) unless you send them a payment or written acknowledgment. [The changeover in the Ontario unsecured debt limitation period from 6 years to 2 years occurred on Jan.1, 2004.]

If they were going to sue you, the creditor would have done so by now and not rotated the account to another collection agency. As I've said before, what frequently happens is that as a debt comes near its limitation period, the creditor has a collection agency give it a last gasp attempt to salvage what is soon going to be a dead duck.

I said "last gasp" but that is only with respect to legal enforceability. Unless the amount is insignificant, you may get future calls from yet another agency or even a debt buyer telling you that one or more of the following

1. You are a creep and a loser.

2. You are full of baloney - no way is the debt stats barred because the limitation period is 6 years. They've never heard of the Ontario Limitations Act.

3. Well OK, the debt is stats barred but we can still call you about it. In fact, that's just what we're gonna do. We promise to call you 3 times a week for the rest of your life and make it a living hell unless you pay up every last penny, you good for nothing deadbeat.

4. OK, so even after all that you still don't care, 'eh? Well, we are going to keep putting hard inquiries on your credit bureau files to blackmail and embarrass you as well as to reduce your credit score.

The first 3 things are duck soup to get rid of, and the 4th can be dealt with because the creditor has chosen to relinquish any future legal interest in the receivable.

Your husband's accounts are under a probably expired 6 year limitation period and the collectors appear to be applying the first 3 points to his debts. (collection agencys will pick at decayed carcasses if they can't get a fresh one.) The same remarks apply.

Ray
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Ontario Debt

Postby AvonCanada » Fri Jul 11, 2008 06:35:09 AM

Hello All,

There is just so much information and I'm so incredibly new to this that I'm just not sure what would apply in my situation.

I personally have a credit card debt that has not been paid in close to two years. Originally, I called the Collection Agency to discuss payments but they threw it in my face saying I already had a chance to make payments to the CC company and now they want their money.

I never spoke to them again after that (this would have been in March/April of 2007). Now I have a new agency calling me after a year of silence. I'm wondering what I can do (or not do depending on how you look at it). I've read about Statue of Limitations and something called "Stats Barred". I'm not sure how either of these work, or what I should do in terms of what to say to this agency when they call again.

Second part of my problem.

My husband racked up debt in the late 90s and early 2000's prior to meeting me. He's had no contact with any of these companies in at least the nearly 5 years we've been at this address. Depsite my attempts to get him to pay off these creditors, he has refused to pay them. What can (if anything) he do regarding these bills?

Another wrench to throw into this monkey circus - His brother (same initials) has told us that they have been calling him. We think he may have pretended to be my husband (why else would they continue calling you for several years if your just telling them that it's not you!).

What can we do?
What should we do (in your opinions)?
How will this affect our credit reports (albeit their already poor)?

Thanks for any insight, thougts, opinions and recommendations you might have.

-Dawn
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