Collection Agencies - Please Help! - Canada

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RE: Please Help!

Postby apr2005 » Wed Aug 07, 2013 10:50:07 AM


The actual calls are coming from collection agencies and not the banks themselves. I have not received a single call from a bank. What I cannot understand is why the banks would sell the debt to these people if they are fraudulent?
apr2005
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RE: Please Help!

Postby TJ.brooks » Tue Aug 06, 2013 10:57:27 PM

The crown is an idiot if they are suggesting the banks have any hope of collecting from you....a victim in this.
Yes they could try to collect from the guilty party....not much hope there either as they still have their hands tied by SOL.
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RE: Please Help!

Postby TJ.brooks » Tue Aug 06, 2013 10:50:27 PM

Again the debt is too old....bank can do nothing.
Just leave no money in any branch of this bank as they could seize it.
Again you are not liable for this debt...your brother inlaw is. If they go after anyone it would be him.
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RE: Please Help!

Postby apr2005 » Tue Aug 06, 2013 10:12:18 PM

Thanks for all the responses

I too found this strange. I contacted the Crown Attorney who prosecuted the case. Her answer was just because it is a fraudulent debt the banks can still TRY and collect because the judge did not order restitution. They can also sell the debt and try to scare you into paying. Just a little bit nervous about taking the plunge and buying a new vehicle and then get dragged into court because collection agencies want to collect.

Not sure what to do at this point.
apr2005
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RE: Please Help!

Postby TJ.brooks » Tue Aug 06, 2013 09:53:04 PM

Certainly is strange....but stranger things have happened.

We can only go by what he is telling us.
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RE: Please Help!

Postby TJ.brooks » Tue Aug 06, 2013 09:32:13 PM

In Ontario there is a 2 year SOL.
What that means is if a unsecured debt is more then 2 yrs in default the creditor can no longer use the courts to sue to try and collect. They can hound you forever but really have no way to collect.
Providing you made no payments during that 2 yr period or acknowledged the debt in writing and signed the acknowledgment.
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RE: Please Help!

Postby apr2005 » Tue Aug 06, 2013 09:09:50 PM

Hello,

Thanks for your response. In regards to Statute of Limitations, how does that work in Ontario?

Thanks in advance!
apr2005
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RE: Please Help!

Postby TJ.brooks » Tue Aug 06, 2013 09:07:04 PM

No...not without a judgment.

They could not obtain one now for several reasons. The debts are past the Statute of Limitations, and you could with court documents prove these debts were not yours.
So again...no chance of a lien.
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Please Help!

Postby apr2005 » Tue Aug 06, 2013 08:42:48 PM

Hello everyone,

Starting in 2003, my brother in law applied and fraudulently took out 14 credit cards in my name. He applied for them online and stole my mail that contained these new credit cards. He then proceeded in activating them and changing the address on the accounts to his personal address. He continued to pay the minimum balances on all these cards until 2008. In 2008, he stopped paying the minimum balances. After 6 months of non payment, somehow the credit card companies managed to contact me at home in Ontario. I was informed of these unpaid balances on cards that that I knew nothing about. I then proceeded to contact Equifax to get a copy of my credit report. The credit report detailed all these credit cards that were taken out by him in my name. I ended up contacting police and went into the station to file a police report. After 3 months of police investigation, He was arrested on 71 counts of fraud over. I was not the only victim of this scam. He was arrested back in 2008 and pleaded guilty in 2009 to the offences. In late 2008, my company moved me to Dubai for work. I remained in Dubai until January 2013. I now split my time between Ontario and New York state for work. I am employed in New York and not Ontario. I am still considered a resident of Ontario and I do maintain a rental apartment in Ontario. In the past few months, I have been receiving phone calls at my number in Ontario from 6 or 7 collection agencies trying to collect on these fraudulent debts. I have ignored them as these credit cards were not my responsibility because of the fraud. I tried explaining this to the a few of the collection agencies. All I heard from them was rude and obnoxious scare tactics. I now would like to purchase a new vehicle here in Ontario. I would like to buy it cash. My question is can these credit card companies / collection agencies take or put a lien on my new car because of these outstanding debts from the fraudulent credit cards?

Thanks in advance!

apr2005
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Joined: Tue Aug 06, 2013 08:12:29 PM
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