Wrong button... Sorry.

Any how, in response to your last post, I was not simply ignoring you, I have been off lately, very ill. So, my apologies in the delay to respond, but I wasnt really feeling up to a battle of the minds.

That being said, you are correct in your statement, and I am "person" enough to admit that I am wrong. I had forgotten about the subsection that disallowed verbal acknowledgement as a means to re-set that statute. Again, my apologies for the misinformation.
As a side note to this, you would be wise to avoid acknowledging the debt in any case. We all know that courtrooms set precidents in law, and if a consumer were to acknowledge and have a c/a fght it, we could have a change.

Ottawa Chap,

The private message isn't working properly. Here is the link below, maybe the person has replied and you’re not getting notified by email.

http://www.canadian-money-advisor.ca/private-message.php

Cheers

Hey O.C.

Hey!! Courtroom K9,

I see you haven't bothered to respond to my question here (or via my PM to you the same day)! What's the deal? Being from a C/A's legal dept. you should have this information readily on hand. So, again, which legislation in Ontario supports your claim that the S.O.L. can be renewed via a verbal acknowledgement?

I'd love to add such an article to my ever growing database of knowledge in this area, so please step up to the plate and show us all how you can support your claim.

Regards,

O.C.

LB,

I'm interested in seeing which legislation supports your theory regarding voice recordings re-setting the limitation period. I've looked around, but have yet to find any document that supports your view. That said, could you please point me to one. Thanks.

O.C.

In SK the acknowledgement MUST be in writing in order for it to have any affect on the Statute of Limitations. Simply telling the agency that you know you owe the debt has no effect on this. The statute of limitations in this case appears to have run its course, unless another payment is made, or you acknowledge the debt in writing.

On a side note, Ranzzzz, in Ontario, you can use a verbal acknowledgement to reset the Limitation, provided that you catch it on recording. While there have been no precedent setting cases, the legislation does allow that a verbal acknowledgment can be used.

I know in Ontario it has to be in writing for the acknowledgement to be valid

Limitations Act 2002, Ontario

Section 13(10)
Subsections (1), (2), (3), (6) and (7) do not apply unless the acknowledgment is in writing and signed by the person making it or the person’s agent. 2002, c. 24, Sched. B, s. 13 (10).

(1) and (2) are regarding debts and interests incurred.

It might be different in SK. Monty do you know anything about it?

no...the date of last activity is the last date you made a payment.... IMO

So, then what you are saying is, they now have 2 years again in order to sue?

The acknowledgement can be verbal, if they have the recording to prove it.