ducky....please refrain from the abuse...
this discussion forum is about helping people.. not insulting them... thanks

footloose shouldnt you be getting back to the call center so you can harass people about false debts?

@duckyduckerson

Well.......I must have made a wrong assumption. I was not aware that you were a licensed lawyer practicing in Ontario and very familiar with with the Rules of Practice and Procedure in both the Small Claims Court and the Superior Court of Justice. You're just the man we need on this website to answer all these legal questions that are asked by our members and readers.

Now lets see. For starters, could you provide the name of the Act or Statute including date passed, date it became law, Section, Subsection, Paragraph, etc. that provides the authority for the Small Claims Court in Ontario to award punitive damages? Or, to put it another way, please provide the name of the Act or Statute, complete with supporting documentation, which provides the Small Claims Court in Ontario the jurisdiction to hear any case brought before the court seeking either punitive or exemplary damages. As a practicing lawyer, this should be easy for you. Funny thing. When I was in law school, my professors never mentioned this. I wonder what I am missing?

Regarding the case that you mentioned in Saskatchewan, that occurred in October, 2005 i.e. Leslie Kenneth Neil v. Equifax Canada Inc. That case was highlighted on this website by the founder, Monty Loree. Unfortunately, he made the same mistake that you did. He only chose to read what he wanted to read. What he failed to tell the members and readers of this website was that while Leslie Kenneth Neal was initially awarded punitive and exemplary damages of $4,500 by the Saskatchewan Provincial Court, Equifax appealed this decision to the Saskatchewan Court of Queen's Bench where it was OVERTURNED in April, 2006. Why wasn't this case reported on this website? If you are an informed lawyer, you would have read this case and have been very familar with the decision. My experience with competent lawyers is that they don't do a "half-assed" job.

In another blog by Monty Loree, he indicated that consumers would now be able to sue both Equifax and TransUnion in Ontario Small Claims Court. I requested documentation to support his claim but he chose not to respond. Up until now, neither he, nor anyone else has responded to my request. Maybe, you're the guy.

Also, in your blog, you say "LOTS of people have sued Iqor, Iqor always settles out". Maybe it's me, but I am not aware of just ONE case where Iqor has been sued either successfully or settled out of court. Apparently, you are quite an expert in this area so it should be very easy for you to quote a particular case in which Iqor was the defendant. Please provide the name of the Plaintiff, the date the case was filed, in which court, the results of the court case and the damages awarded to the Plaintiff.

I will be anxiously waiting for your replies. If you can't, then PUT UP OR SHUT UP.

Wow footloose - you sure are one angry yet uninformed guy

Fact is you can sue for punitive damages in small claims court.

But Superior court would indeed be better.

Fact is that case in Sask, its right here: /archives/2007/09/success+suing+equifax+canada+inc+in+small+claims+court+in+saskatchewan+canada.html

Footloose - you are truly ignorant. Please stop spreading ignorance and educate yourself first. You talk big, but its just uninformed rants and anger. LLOTS of people have sued Iqor. Iqor always settles out.

When people post false things on credit reports - thats very much a damage to the victom and very much punishable by law. All involved parties can be sued, have been sued and in my case - WILL BE SUED.

@duckyduckerson

I suggest that you read the blog by average_joe written on November 29, 2010. He has detailed the proper way to fix your credit report and he knows what he is talking about. Any other way to attempt to fix your credit report......well......you're just "blowin smoke".

As to your last statement, you don't know what you are talking about. If you had done your research ( due diligence ) before coming on this site, you wouldn't have made such a stupid statement. Too many people come on this site with no legal training or knowledge and make a complete "ass" of themselves. "Tis better to be thought a fool than blog on this site and prove it."

First of all, you say that "As I understand it, I can sue all parties for this, Rogers, Iqor, Equifax and Transunion. There was a guy in Saskatchewan who sued Equifax and won."

Why would you sue Rogers and Iqor? They owe you nothing. What are you suing them for? Why would you sue Equifax and Transunion? They owe you nothing. What are you suing them for? For starters, because none of these companies owe you any money, you cannot sue them in Small Claims Court because that court only hears claims for unpaid debts and monies owing. And since nobody owes you any money, your case would not proceed in Small Claims Court.

If you are suing them for "alleged" erroroneous statement of facts, and wish to have these items corrected, this is known in legal parlance as seeking "Equitable Relief". Under Subsection 96(3) of the Courts of Justice Act, Small Claims Court does NOT have the authority to grant such relief You would have to proceed to the Superior Court of Justice. And unless you are a lawyer ( which obviously you are not, based on your comments in your blog ), you, my friend, are in "over your head". And even if you were represented by counsel, you would still FAIL because you do not have an "Actionable Tort"

In regards to "a guy in Saskatchewan who sued Equifax and won", had an "Actionable Tort". That guy is Leslie Kenneth Neil and the case was heard on October 31, 2005 in the Small Claims Court Division of the Saskatchewan Provincial Court. Initially, he was awarded $4,500 in punitive and exemplary damages, but Equifax Canada Inc. appealed this decision to the Saskatchewan Court of Queens Bench and in April, 2006, the Appeal Court REVERSED the decision of the Small Claims Court.

And now you know the "rest of the story".

My advice to you is that in future blogs, do your due diligence BEFORE you make such rational statements If you are unsure about a particular matter, ASK QUESTIONS We have members on this site who have varied experiences and sound business knowledge. Someone is sure to help you.

Good Luck and have a GREAT DAY.

.

This is very interesting.

I too have a collection on my credit file from Iqor representing Rogers. But mine is for a Home Phone I cancelled in 2003.

I discussed this with Rogers and they said they'd take care of it. They did not. IN fact, Iqor simply updated the collection as 07 2010 which is when I talked to Rogers. The account number is bogus and not the correct digits.

I complained to Equifax without response of any kind.

As I understand it I can sue all parties for this, Rogers, Iqor, Equifax and Transunion. There was a guy in Saskachewan who sues Equifax and won.

"you should not write to any collection agency or have any
communication in writing. Even if a debt is stat barred if you
acknowledge it the debt becomes live again and now they can sue
you."

and

"I would not communicate with them in writing as you might
accidentally reset the clock"

All of the above is false... Read the following act:

Ontario Limitations Act 2002

Sumary: http://www.canlaw.com/lawyers/limitation.htm

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

The statute of limitation has nothing to do with the date of last activity. If you do not owe the debt then you need to fax a copy of your credit report to the proper department at Rogers and have this item removed. The only way Iqor will back off is if Rogers contacts them and notifies them of the error.

Hi Average Joe, looks like you just quoted back part of my message. Are you saying that your advice is to do nothing and wait it out?
Can you elaborate on why that's preferable to trying to get it removed?

Thanks. I appreciate your input.

Second.
If I do nothing, it should roll off my credit report on 2013-06
correct? 6 years after the last payment date?