HOW TO SHOOT YOURSELF IN THE FOOT
There's a lot of unnecessary suffering out there from people shooting themselves in the foot needlessly and making it worse by getting the wrong advice when they do.
Here's a post from a poor guy in Ontario, who had to go on disability and couldn't meet the minimum payments on his $14,000 credit card in early 2005. Not only does he shoot himself in the foot in terms of first, not understanding what constitutes the legal acknowledgement of a debt and its consequences, but then, he also gets misleading info when he writes in for advice. He could have saved himself all this trouble had he spent 15 minutes on the web, before he started writing letters.
The poor guy is on disability and only has a paltry 5k equity in his house with no wages to garnish, so, in this case, he's not likely to get sued. Even collection agencies know when a carcass has been picked clean. However, had he had more home equity, you can be sure that Natale, Silverthorn, Macleod et al would have been all over him like buzzards over a dead steer in the hot Texas sun.
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The above entry is taken from a March 15, 2007 post on the forum:
http://www.moneyproblems.ca
Question: I have an old credit card debt in the amount of $14,000. Early in 2005 I had to stop making the minimum payments because I went on CPP Disability and my income was reduced by 60%. I was getting calls from the collections department of this company daily. I wrote a letter to them asking them not to call anymore and I requested all correspondence in the future to be by mail. I also offered them to settle the debt for 40% of the amount owing. I had about $5000 in equity in my home available to pay this at that time. Shortly after that I received a phone call from them informing me my offer was denied. I also reminded them I requested that all correspondence to be by mail. From that time on I haven?t received another phone call or letter requesting payment of the debt. I looked up the Statute of Limitations act in Ontario.It states that after Jan 01 2004 the Statute of Limitations on debt in Ontario changed from 6 years to two years from the last day the debt was acknowledged. It has been past the two year period now and I still have not heard anything from them. Does this mean now that the debt is cleared, and I don?t owe them any more?
Answer: You are asking a complicated legal question, and if you talked to different lawyers you may get two different answers. One intepretation is that you are correct. The other intepretation is that since the debt existed prior to January 2004, the old rules apply.
The real issue is this: regardless of what the Statute of Limitations Act may say, the collectors may still pursue you for the money. Debts remain listed on your credit report for six years from the date of the last collection activity, so this debt will impact your ability to borrow in the future.
However, if you are receiving a disability pension, you have no wages to garnishee, so it is likely that your creditors will not pursue you vigorously. For further information, we suggest you consult a credit counsellor or bankruptcy trustee.
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Ray