I'm having a hard time knowing when it was first sent to collection agency...last telus bill i could find was July 2010...which i believe is around the time I stopped making payments...I have never made a payment to the collection agency. I have never made acknowledgement of the debt in writing. I had only talked to collection agency yesterday (day I recieved the letter) in regards to payment options. So I'm hoping once the 2 years come I will be okay?

How old is your debt and when did you make last payment or ac?knowledge the debt in writing.?

I have a letter from J. Brian McNulty stating the same thing....curious as to what my options are as I definatly can not afford to make such high payments right now. I have been told to either pay 4 monthly payments (to arrive in mail in 6 days) or a lump sum within 2 days. If not paid may take further actions in court eg. garnish wages (unemployed) and required to reimburse client for its court costs, legal fees, and pre and post Judgment interest.

Greetings,

please remember, if you pay anything, you restart the 2 year limitation period, unless the limitations period has ALREADY expired. In addition, check the revised Bank Act regulations, I believe you can stop the phone calls...

DEBT COLLECTION PRACTICES

(9) An institution that has communicated with a debtor in respect of the collection of a debt may not communicate with the debtor again in the course of that collection

(a) by a means other than in writing, if the debtor makes a written request by registered mail to the institution to communicate with the debtor only in writing in that regard and provides an address at which they may be contacted;

http://www.canlii.org/en/ca/laws/regu/sor-2009-257/latest/sor-2009-257.html#_DEBT_COLLECTION_PRACTICES_18265

I would love a copy of that collection letter. It is inappropriate to have a debt collector making decisions in the court about money, given the reasonable apprehension of bias ..Anything anyone has, I would appreciate it.

@ Ranzzzz, he just adjudicated a debt in the SCC, a decision for the creditor. May 2, 2011.....

Don

P.S Please feel free to post here, removing anything personal you don't want included...I only seek information about what kind of debts he is trying to collect from you all, and his contact details....

Hi is me again:

I cannot find out how long its been since I have made payments to the creditors that are chasing me, calling me at home and work. You said not to make repayments that i cannot live with, that I have more control then i know I have. Can they still charge me interest and the amounts ovwing, because if my payments that I make are less the the interest I will not be getting anywhere. Do I just write them letters indicating what I am able to pay and see if they accept this. Please tell me how to proceed with this. Thanks.

Jo Ann

I did a quick research and found out John Brian McNulty is appointed as one of the deputy judges for small claims court. Due to conflict of interest, this guy CANNOT bring anyone to the small claims court.

It sounds like one of those bogus lawyer letters that collection agencies commonly use to scare people into paying. What they do is to send out the same old empty threat but with some lawyers letterheads on them. Real lawyers would not say something like I am going to garnish your wage in a formal letter when the court decision still hasn't been made. It violates their conduct codes and you can actually file a formal complaint regarding the matter.

Hi Joann,

Firstly, when did you incur this debt or, better still, when was the last time you paid anything on this account? If you are in Ontario, the Statute of Limitations is 2 years from date of last activity (or when the debt was acknowledged as owed in writing by you), and the lawyer or the collection agency cannot garnish your wages/bank account unless they get a judgment in their favour, and they only get a judgment if they file a claim and get to court.

If you are dealing with both the original creditor and the lawyer, deal with the original creditor unless they tell you to deal with the lawyer. Do not accept what you cannot live with in terms of repayment. You have much more influence on this than you think, and the ball is entirely in your court if the debt is stats barred. If the debt is stats barred, they don't even have the legal means to go after you for it anymore (which doesn't mean they won't try), but that changes the minute you pay something or acknowledge the debt is owed regardless of the age of the debt.

So, it's important to determine the status of the debt first.

I receivied a letter from this lawyer, giving me two options for payment of a debt, a settlement sum or nine very large payments, or my wages will be garnihseed. Does he have the authority to do this. Also 2 days ago I received a letter from NCO Finincial Services demanding the same debt to be paid. I am willing to make payments on this debt but not the amount that was requested. Could you tell me how I can go about getting this settled within my budget. The phone calls are driving me crasy. Thanks.