Collection Agencies - very old outstanding bill with Zellers - was WellsFargo - now Aktiv Cap. - Canada

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RE: very old outstanding bill with Zellers - was WellsFargo - now Aktiv Cap.

Postby alberts » Fri Oct 02, 2009 08:32:25 PM

Well then remind them that the statue of limitations from anything I have seen is 6 years or 10 years if they got a judgement against you. Unfortunately if you want to borrow money from Wells Fargo again they can pull that debt up as unpaid which will effect you in getting a loan from them. Call Transunion and equifax and get them to remove the account from your credit repost as it is 6 years since last payment was made. Then noone else will know. Activkapital from my experience has to be the hardest collection agency to deal with.
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RE: very old outstanding bill with Zellers - was WellsFargo - now Aktiv Cap.

Postby jimmydave » Fri Oct 02, 2009 06:53:04 AM

I am in ontario. It occured in Ontario and I haven't made any payments on the account since 2000, which funny enough, they keep reminding me of. And never to either of the two companies. Seems like they transfer all account activity from collector to collector. But none seem to want to provide me with the original charges on the account.
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RE: very old outstanding bill with Zellers - was WellsFargo - now Aktiv Cap.

Postby Ottawa_Chap » Thu Oct 01, 2009 09:16:06 PM

Where does the statue of limitations begin? Humm.. That's been a subject that's been thrown around various threads for some time now. Unfortunately, I've yet to see anyone (including myself) ante up a solid answer which can be backed up by hard evidence.

With that in mind, two things can be said with regards to J/D's situation.. First, if no payments have been made since the account defaulted in 1995, then it doesn't matter where one lives in this country, the S.O.L has long passed, and thus, there is no legal recourse available for collecting on this debt.

Jumping back to where the limitation period begins? I came across one of Ray's posts on Nov 10th, 2008 /threadview/1415.html] where he stated to 'gasket23': "Even though, you now live in Alberta (where the limitation period for this kind of debt is 2 years as of March 1, 1999), since the debt occurred in Nova Scotia, the Limitations Act of Nova Scotia, Section 2(e) prevails. It has a limitation period of 6 years. As you last made a payment on the account in November, 2003, it won't be stats barred until November of 2009 in Nova Scotia."

So in Ray's view at that time, the limitation period begins in the province where the default on the debt occurred.

I'd love to see legislation to support his theory; or at the very least, the subject cleared up with either Equifax, T.U., a Paralegal or Lawyer. Until that happens, I'll gladly subscribe to Ray's take on it in the interim.

Infuriating one C/A at a time..
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RE: very old outstanding bill with Zellers - was WellsFargo - now Aktiv Cap.

Postby orestes04 » Thu Oct 01, 2009 02:58:04 PM

Where are you located? That would determine what the statute of limitations is for this debt?

Have you made any payment or had any activity on the account since 1995?

This would help determine how much leverage you or the c/a has.
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RE: very old outstanding bill with Zellers - was WellsFargo - now Aktiv Cap.

Postby bullring » Thu Oct 01, 2009 02:39:09 PM

Hahaha, $18,000 debt from 1995.

do they actually find people dumb enough to pay these debts?

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very old outstanding bill with Zellers - was WellsFargo - now Aktiv Cap.

Postby jimmydave » Thu Oct 01, 2009 12:58:11 PM

I have a super old bill from 1995 that is originally from Zellers. Wells Fargo had the account and now sold it to Aktiv kapital. They give me the run around when I ask for the original charges and have added a rediculous amount of interest.
The original card had maybe $1000 limit at the time. Now they claim I owe $18,000 dollars.
Any body have any suggestions on how to deal with these guys? Do I only owe the original amount. Who do I deal with since Zellers is out of buisness?
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