Never under any circumstances, pay money to this company, period.

No Name,

What are you worried about? If they haven't started a lawsuit and just bothering you with calls then its just an irritant.

You have the following going for you right now:

-retired <--translation a poor target for a lawsuit
-don't need a mortgage or loan <-- translation, so what if it shows up on your credit report.

Everyone has an opinion, but IMHO, whats the big deal? Seriously. If the calls bother you that much, just change your phone number to a non-published one. End game.

You are in your retirement years, if it was me I would be enjoying this awesome summer. You stated you don't have the money to pay so why lose sleep?

All that engaging them with letters and chatter about the SOL and trying to figure out when you can rely on it is a waste of time, and just going to put you on their radar screen. Trying to prove you a smarter then a bill collector is a waste of time in your case.

Cross that bridge of answering to a lawsuit if (a big if) it happens. Based on what you told me your probably have a better chance of getting hit by lightening on a sunny day.

Heres a couple of articles you may find enlightening:
http://www.totaldebtfreedom.ca/articles/article_8.htm
http://www.totaldebtfreedom.ca/articles/article_13.htm

Enjoy the summer.

also I just checked my credit record with trans union canada and Equifax and there is NOTHING!.....soo what should i think of this??
what should be my tactic? do i sent ceased and deceased, do i talk to them? to I ask to validate the debt? or just ignore.

AktivKapital started to phone me not long ago.....approx 2 months ago, but i assume it would show on the credit report by now? not to mentioned that it was handled but 2 other collections agencies in the USA until it came to Ontario.....
thanks a ton for all the advice so far!

OC,

I need some more of your help. How do i start counting SOL for my case - would that be the last time I've made payment towards the timeshare? What would be considered the acknowledgment of my debt - Ive stopped paying towards the timeshare as the visa card expired and I've never provided a new acct. If i did not hit the two years period (im trying to verify when was the last payment made - most likely Sep 08) what should be my best approach, sent cease and desist letter or ask them to verify my debt? Would either of that mean i am acknowledging the debt and the period would re-start?

Shouldn't they have more of my info to sue me (other than my phone number?).

Also on the initial contract of the time share there were two people signing/"purchasing" the time share (me + my travel companion) why are they only after me??
Help!

Thanks a bunch!

agree:)

yes it is late.....i will try to read more tomorrow and confirmed when was the last payment made. thanks so much for all the help. i appreciate it greatly!

FTR: You might not be as successful without the mailing address. In the letter you are indicating that you have not rec’vd any correspondence from their agency, and that you want them to communicate with you via regular postal mail from this point forward. Pretty hard for them to do that without an address to send correspondence to – agree? ;-)

More reading can be found here:

http://wiki.lawdepot.com/wiki/Cease_and_Desist_FAQ_-_Canada

I’d normally dig deeper into my notes for you, but it’s late and I have early mtg’s to tackle in the Morning. Perhaps tomorrow eve if you’re still stuck… Good luck.

O.C.

also they don't have my mailing address, just the phone number - so if im going to send the fax i will not disclose my mailing address.

Thank you for the templates. So i need to make sure that the last payment made to the company was made over two years ago. If so i can fax the letter and it will not mean i am acknowledging my debt. As ive mentioned before i have never admitted in writing that it is my debt. It has been with two other collection agencies in the US ever since. I think they are very persistent cause of my age and trying to scare the hell out of me - which partially they are successful doing.....but i dont want to give up!
Thanks again

As I've said to a few others before who were in a similar boat, go here and D/L my Cease and Desist template. Just update the first line to read: "Pursuant to my rights under ONTARIO REGULATION 103/06," as the act was updated.

http://www.docstoc.com/docs/16640811/Cease-and-Desist-template-letter-for-Ontario-residents

On a side note, I've also put together a template for all Canadians, too:

http://www.docstoc.com/docs/47236056/Cease-and-Desist-letter-for-Canadian-residents

Well I am not a lawyer, but I think they have to sue you in Ontario Court as that is where you live. If that is the case, then all you have to say when you go to court is that the debt is over two years old and is Statutory Barred and then they can not proceed.

If you want them to stop calling then you may be able to tell them you dispute owing the debt and ask them to stop calling you, but to sue you. But I would cheek with a Lawyer on this.

There are alot of good discussions on this site you could learn from to answer many of your questions.