by KFarrell2010 » Tue Aug 17, 2010 12:18:50 PM
I hope someone can help me.
A couple of weeks ago I got a phone call from a Collection agency collecting on behalf of Bell Canada for an address that I lived at 10years ago. (they are actually collecting on behalf of Activ Capital who bought my account from Bell)
They have never called me, sent me an email or mail .. NOTHING about this account and I'm still a Bell customer.
So .. I've basically said that I am not doing anything without some kind of statement indicating when this debt is even from, the period it covers, when it was due - SOMETHING. They say - "Nope - Sorry we don't have anything. The best we can do it give you a letter stating we are collecting $500 for Bell"
So I've said "I'm not paying this . I don't have any old statements from Bell, you've never tried to reach me, I moved 10 years ago (and changed all my contact details - it's not like I've been hiding) and I don't even bank with the same FI to get cheque or payment details"
So now they are threatening to sue me and I'm saying "go for it… I'm pretty sure sooner or later you will have to prove that I owe this money"…
BUT .. now I'm wondering .. how does this really work??
I called the Ministry of Consumer Services and they say that I have to work it out with Bell. Bell has no record of me because it's been 10 years since I moved..
Isn't there some kind of statute of limitations? I asked the Ministry point blank - "isn't the burden of proof on them? Don't they have to prove that I owe this money - not me prove that I don't?" and the answer was " no.. you have to prove the debt doesn't exsist"... which I personally think is inaccurate...
Thoughts??