Collection Agencies - 16 year old debt - Canada

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RE: 16 year old debt

Postby Millie P » Fri Jan 22, 2010 02:16:33 AM

Selling the debt does not in anyway impact either the SoL or the date of last activity. Collection Agencies claim it does as an excuse to re-date debt but they know they can't and that all they are doing is trying to annoy / extort payment of a non-collectible debt.

I'm currently in the process of suing a collection agency for willfully engaging in such practices. It is actually quite appalling how much re-dating happens in Canada and with both Equifax's and TransUnion's implicit consent. I would never recommend that someone pay a debt in such a situation. File a complaint with the Registrar for your particular province and if the collection agency is particularly evil just sue them. What they are doing is a clear violation of the Collection Agencies Act and they know it. They just assume that people with credit issues don't have the resources to do anything about it.

Also as much as I hate to give Equifax any money as they are as much part of the problem as collection agencies I would sign up for Credit Watch if there is any concern of collection agency doing something like this. $13/month is worth having same day notice of anyone doing anything with your credit. It is just unfortunate that the funds will go to Equifax.
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RE: 16 year old debt

Postby Archercredit » Thu Jan 21, 2010 11:07:23 PM

Creditors have ways of continuing the SOL by reselling the account. If you owe the debt you should pay it. Set up payment arrangements on condition that is be removed. But since the SOL is up, you could just dispute it to the credit bureaus and hope they don't bug you anymore. Good luck.
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RE: 16 year old debt

Postby RichardC » Thu Jan 21, 2010 01:52:42 PM

And you get your credit score on the purchased version which doesn't appear on the free one.
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RE: 16 year old debt

Postby Millie P » Thu Jan 21, 2010 01:29:35 PM

The paper version is free but for $20 you can find out right now rather than in three weeks.
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RE: 16 year old debt

Postby Tptplayer » Thu Jan 21, 2010 11:16:36 AM

I have filled out the form and will mail it to equifax today.

I don't know if they have or have not re-dated it, but it sounds like it's a common practice of theirs.

The last three phone calls they've made to me I've managed to get them to hang up on me at least.
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RE: 16 year old debt

Postby Millie P » Thu Jan 21, 2010 11:10:23 AM

Oh sorry. I misunderstood and though they had re-dated the debt.

If they just called they are likely bluffing. It is a violation of the Collection Agencies Act to report it. That being said collection agencies do it all the time. They make up fake activity and then reset the six year clock.

Buy a credit report from Equifax and find out if it is there or not. They are $15-20 and you'll know. If you are worried they might try to sneak it on sign up for Credit Watch $13/month and if they try you'll get an e-mail.
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RE: 16 year old debt

Postby Tptplayer » Thu Jan 21, 2010 11:06:28 AM

So, Millie, you think it will be an issue on my credit? What I don't want is to apply for a new card,or for a mortgage, and have this be an issue.
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RE: 16 year old debt

Postby Millie P » Thu Jan 21, 2010 11:01:17 AM

You should dispute it with the credit bureaus but that is a complete waste of time.

TransUnion claims that you can't dispute a date of last activity.

Equifax investigates by asking the collection agency to confirm the information but doesn't require any actual documentation.

Still you have to go though the steps so launch the investigation and then when you get the rejection letter contact the Registrar of Collection Agencies and he will fix it for you.
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RE: 16 year old debt

Postby Tptplayer » Thu Jan 21, 2010 10:48:19 AM

Thanks for the help. Much appreciated.
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RE: 16 year old debt

Postby Ottawa_Chap » Thu Jan 21, 2010 10:33:09 AM

Goto the Equifax and TransUnion websites, download the appropriate request forms, and then fill 'em in. Include ID, then mail them out. You're entitled to a free copy from each firm each year.
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