Thank you again Ottawa_Chap

You seem quite knowledgeable regarding all of this. I've downloaded the template, made the changes and will head off to the post office soon to send by registered mail.

I don't have cancelled cheques unfortunately, as they are asking for 1 month's rent since I gave 46 days written notice that I was leaving. They also had you pay directly into their account from your bank. I have been told that if it does go to SCC, they have to prove that they tried to rent the unit the month after I left. I know they didn.t because I went to pick up mail from a neighbour and she commented on how they were fixing all the things they didn't fix when I lived there. I'd also love to get them on the fact that the lights were burned out quite often in the undercover parking. My car was stolen a few months before I left, and that put me in financial difficulty as I needed a car in order to get to work, and purchased a 10 year old vehicle 3 months later.

Anyway, that's my problem. But I can't thank you enough - hopefully this is the end of everything!

Have a great week! P.S. Love your signature!

With respect to: "Since the C/A faxed me a copy of the letter that they said I supposedly received - is that not considered proof?"

That's only a letter stating their claim that "you owe them money". It’s not's proof that you failed to pay the balance – mind you it’d help your cause if you had receipts or cancelled cheques in this case. At the end of the day, it doesn’t matter given that they’ve taken longer then 2yrs to raise an issue with you.

Also, if you dispute the debt, then you are NOT acknowledging it. Furthermore, you can say whatever you want to them and not have to worry about resetting the SOL at this stage. Even if you don’t get a copy of the fax transmission, it won’t hurt to fax it over to them. If they still harass you afterwards, then send them a copy via registered mail. Just my 2 cents worth. I’ve always sent them in via fax and that’s shut the C/A’s up.

Thanks yet again Ottawa_Chap

Actually, they faxed me a copy of the letter (darn!), as the time they gave me to pay was only one more business day, but like you said, the SOL was long expired. I'm planning on sending a registered letter to them tomorrow, since they wanted to hear from me by Tuesday, but if a faxed copy is just as good, I'll do that instead. Unfortunately, I don't know if our fax machine gives confirmations - never seen one in the 8 years I've been there, maybe just take the hit for the money and send registered.

Thanks again for the advice - will be doing up the Cease and Desist letter later tonight. Maybe I'll be able to relax and finally get some sleep. This has really upset me!

Per: Limitations Act, 2002

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_02l24_e.htm

Looks like this debt is covered under the Ontario 2yr limitation period. That said, there's a good chance they won't pursue this in court. If they do, then on your defense form (9a) indicate that the limitation period has expired. With respect to the C/A indicating that they had provided you with proof of this debt, well, I'm willing to bet that it wasn't sent by registered mail; so on that note, they can't prove you received any notification of this debt.

That said, I'd definitely fax in a copy of that Cease and Desist letter and see where it goes. (Keep a copy of the Fax Confirmation sheet so that you can prove it was faxed in).

BASIC LIMITATION PERIOD

Basic limitation period

4. Unless this Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered. 2002, c. 24, Sched. B, s. 4.

Discovery

5. (1) A claim is discovered on the earlier of,
(a) the day on which the person with the claim first knew,
(i) that the injury, loss or damage had occurred,
(ii) that the injury, loss or damage was caused by or contributed to by an act or omission,
(iii) that the act or omission was that of the person against whom the claim is made, and
(iv) that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it; and
(b) the day on which a reasonable person with the abilities and in the circumstances of the person with the claim first ought to have known of the matters referred to in clause (a). 2002, c. 24, Sched. B, s. 5 (1).

Thanks Ottawa_Chap for your reply.

I did look at the template, and the only question I have is: The section where I ask to provide proof that the debt exists. Since the C/A faxed me a copy of the letter that they said I supposedly recieved - is that not considered proof? I'm afraid to dispute this debt in the case they do take me to SCC. They are asking for 1 month's rent, which at the time was approx. $800, but they are now asking for $1227, which I assume has had interest added to it?

I was told by community legal services that they thought the SOL had expired some 1 1/2 years ago, but to check the Real Property Act which, since I'm not a lawyer, I can't make heads or tails of. They told me I should tell the C/A that this is stats barred and "I will have nothing more to do with them" A bit strong I thought.

Should I dispute it? I'm thinking the amount isn't worth the trouble for the property management company. Also, if I dispute it, does that mean I'm acknowledging the debt? I'm trying to avoid that because of the SOL.

Thanks again!

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

Fax this into the C/A's office and the calls should stop. Chances are they've already stuck a derogatory remark onto your bureau files though.

Good Luck!

I received a letter from a collection agency Thursday of last week stating that I owed back rent from a townhouse that I moved out of in April, 2007. I have never heard anything from the landlord since I moved, even though I did provide my forwarding address. They gave me 3 days to pay up (including weekend days) - I called to say I knew nothing about this debt and they told me that, yes, I did know about it. I was faxed a copy of a letter from the landlord that I never received as well as my written notice that I was vascating the unit which showed my forwarding address. I gave verbal notice to the superintendant and let them know that I would be giving written notice when the new lease was signed (13 days later) I was under the impression that that was fine as nothing further happened and I did give written notice as I said.

When I spoke to the collection agency, I said I neede to speak to a lawyer (that was the Friday), they then proceeeded to call my place of employment 3 times in a 24 hour period on the Monday and Tuesday saying I had to call them by noon on Tuesday. I called, saying I hadn't heard all the information back from a lawyer. They said that a prior deal they wanted to offer me (75%) was now off the table and they would be contacting the credit bureau and if I ever wanted anything like a credit card, they bank would be refusing me because of this report. I also asked them to not contact me at work.

I received a letter 2 days later at work stating this was the final letter, that I was not being co-operative (?) and that numerous efforts have been amde to resolve this issue (?), I have until Tues., Nov. 9 to make arrangements or they will pursue further action. My employer had thrown the letter out as he was upset they contacted me at work. I never would have known it arrived their if one of my co-workers didn't tell me about it.

I'm so sorry this is such a long post, but I'm sick to my stomach about all this as I had no idea about this, and frankly, I barely make it from paycheque to paycheque. Is this a stats barred item because of the length of time and what are my other options? I did get one phone call from the many lawyers I called, and they said the length of time they gave me to sort this out was unreasonable.

Thank you in advance and again, sorry for the long post!