Collection Agencies - Senior with pension - collections - Canada

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RE: Senior with pension - collections

Postby HankBlank » Sun Mar 24, 2013 12:12:10 PM

Well you're right about that except that they 6 years to sue in BC, so there's a couple of years left. A moot point assuming she won't have an estate of any worth left.

If they find out which bank and branch she gets her money deposited into, they could try to attach (seize it), but that would only occur after a judgment had been defaulted on, they would only get away with it once, and could be returned once the source of the deposits were established. They have 2 more years to file a suit, but anyone who was going to sue would likely have done so long ago, though I've seen exceptions in the case of purchased debts.

If the creditor knows about her situation, they will be unlikely to pursue the matter for long.
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RE: Senior with pension - collections

Postby hdsheena » Sun Mar 24, 2013 11:47:25 AM

She gets to keep 30% of her income, the care facility keeps the rest. She has to pay for her prescriptions out of that 30%, as well as her phone, and food for snacks and breakfast. The facility provides lunch and supper. Family covers her TV/Internet.

She usually ends up with about $50/month left, to spend on things like incontinence supplies, toiletries, etc. Most of her clothing and medical supply needs (wheelchair maintenance, replacement toilet seat, etc) are covered by family because she can't afford them.
I have no idea what the debt would be now. I'm pretty sure it was in the 30-grand range when this happened originally. Her ability to pay off the debt is non-existent. She has no remaining assets, and really truly doesn't have enough left over to make more than $10/month payments, which I can't imagine would help.
Thanks for everyone's input. It sounds like we received some poor advice, though I'm unsure as to why the creditors haven't pursued a judgement sooner? Is it common for them to wait 5 years before suing?
If they can't garnish her pension money, and she can't afford to pay anyway, I'm not sure there's actually anything they can DO other than make her very miserable by calling her?
Courtenay W Kamloops BC
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RE: Senior with pension - collections

Postby HankBlank » Fri Mar 22, 2013 08:11:33 PM

They have 6 years to sue in BC. The new limitation period of 2 years that's coming on June 30 won't affect this debt because the old limitation period will be grandfathered. What you've been told is true according to the letter of the law regarding enforcing judgments, but you'd have to be nuts to rely on it. Possession is 9/10's of the law; and trying to get the money back would be a nightmare. You don't want to go there. Of course, creditors have to get a judgment first, but that would be easy enough. Maybe you better call up the creditors and expalin the situation. What are your grandmother's financial resources considering the level of expensive care she needs and how much is the debt with accrued interest?

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RE: Senior with pension - collections

Postby hdsheena » Fri Mar 22, 2013 07:08:53 PM

She last made a payment.. in 2008 or possibly very early 2009. At least 4 years.
We knew the creditors would come after her, but were told they can't touch her money since it's all pension and she has no assets at all.
Courtenay W Kamloops BC
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RE: Senior with pension - collections

Postby HankBlank » Fri Mar 22, 2013 02:55:57 PM

Who advised her she could just cut up the cards and forget about the money she owed? Pretty bad advice. Of course, if you owe money, creditors are going to come looking for you. Where was their head at?
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RE: Senior with pension - collections

Postby TJ.brooks » Fri Mar 22, 2013 02:51:01 PM

When was the last time she made a payment on these cards......be specific. 2...5....8 Yrs?
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Senior with pension - collections

Postby hdsheena » Fri Mar 22, 2013 11:25:31 AM

Hi, I'm new, so please let me know if I should post elsewhere.
My grandmother received some financial advice several years ago when she was looking to pay off her credit cards with a consolidation loan. She was told that since she only receives pension money, the credit debt collectors could not garnish her wages or anything if she did not pay, and was advised to simply cut up the cards and let the companies know she was on pension.
Most of the companies have left her alone, but one, Contact Solutions something, keeps calling her. They somehow found her new phone number after she moved to a care home, and the phone calls make her extremely distraught, to the point of affecting her health.
Can we legally tell these people that we'll have the police issue a cease and desist order? Or otherwise convince them to leave her alone?
Thanks for any advice.
Courtenay W Kamloops BC
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