by bcom8t9 » Sun Mar 07, 2010 05:41:36 PM
I should probably start a new topic but "Millie P" mentioned the 407ETR here and so....I have had contact from iQor and/or its predecessor CBCL several times since early 2004 regarding an outstanding balance. On at least 2 occasions the collector assured me that they would recommend writing off the balance and collection activity (notices from the collection agency and telephone calls) stopped for 10 or more months. However, it appears that iQor and/or CBCL either didn't recommend the write off or they did not have authority to write off balances. In May 2006 I bought and registered a motor vehicle. In March 2007 I renewed my plates with out a problem. In April 2008 407ETR sent me a Notice of Failure to Pay which had the Notice of Dispute on the back. I did not think that I could file a dispute based on their "allowed" reasons, in hindsight, the verbal agreement to write off might have been called payment but....
In August 2008, I received a Notice of Plate Denial. The balance of less than $600 now has interest and collection charges which brought the balance to more than $2,500. A 407 executive replied to my letter pleading for reversal of the plate denial and explaining the whole history, how the balance arose, how I ended up unemployed and on disability, the collectors agreement to recommend writing off the account, she offered to write off the transponder lease and related interest since the last use of the transponder in March 2004 leaving $2,300 to be paid.
It seems to me that 407ETR has effectively side stepped the Ontario Limitations Act, which may have applied to this debt effective March or April 2008, by exercising its option of plate denial. I was forced to park my car and have used public transit, family and friends to get around.
The Highway 407 Act says that they can request plate denial in addition to traditional collection practices. But are they allowed to use plate denial when the traditional collection practices would be statute barred?
I have reviewed the limitations act and the list of acts exempt from its provisions and the 407 is not there. Nor does the 407 act have a section exempting it from the limitations act (as far as I can see). And, of course, my letter to the 407ETR requesting reversal of the plated denial, based on disability and financial hardship, may have reset the limitation clock if it is considered an acknowledgment of the debt.
Thanks for any help advice anyone can give.
John Lyndon Griffin