Collection Agencies - Looking for advice on how to proceed - Canada

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RE: Looking for advice on how to proceed

Postby TJ.brooks » Mon Oct 10, 2011 04:57:59 PM

www.ndlc.ca/london/purgerules.doc

At this site you will find purge rules.
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RE: Looking for advice on how to proceed

Postby Paul944 » Mon Oct 10, 2011 12:12:40 PM

Is it a federal law that gives them the 6 year limit? Do you have the name of this law so I could add it to my records?

Thanks,
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RE: Looking for advice on how to proceed

Postby TJ.brooks » Mon Oct 10, 2011 11:40:59 AM

I apologize....I missed the fact you were from Quebec....the Limitation period is 3 years.

However the 2 reporting agencies are still governed by law to purge unsecure debt reports 6 years after last activity...regardless what province the negative report came from.
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RE: Looking for advice on how to proceed

Postby Paul944 » Mon Oct 10, 2011 11:13:31 AM

Thank you for your reply TJ.brooks,

I actually bought the DYI book last night that is sold on this website, and started looking for laws pertaining to Credit Scores/Reports and Quebec.
From what I found there is nothing in the law that applies any special constraints on credit reports. They're simply part of a the very broad "Respecting the protection of personal information in the private sector Act".

Quebec Civil Code #40:
40. Every person may cause information which is contained in a file concerning him and which is inaccurate, incomplete or equivocal to be rectified; he may also cause obsolete information or information not justified by the purpose of the file to be deleted, or deposit his written comments in the file.

Respecting the protection of personal information in the private sector Act #28 and #30:
28. In addition to the rights provided under the first paragraph of article 40 of the Civil Code, the person concerned is entitled to obtain that any personal information collected otherwise than according to law be deleted.

30. No request for access or rectification may be considered unless it is made in writing by a person who proves that he is the person concerned or the representative, heir or successor of that person, the liquidator of the succession, a beneficiary of life insurance or of a death benefit or the person having parental authority even if the minor child is dead.

Then there's the court's judgment in the case of SAM OHAYON VS TRANS UNION DU CANADA INC.:
"Il s'agit d'une transaction commerciale ne relevant
pas de la compétence de la Commission. Celle-ci n’est pas habilitée à statuer sur
la durée de conservation d’une cote négative au dossier de crédit d’un débiteur,
notamment pour le cas en l’espèce."

Rough translation: credit reports are a commercial transaction out of the competency of the Office of privacy Commissioner of Quebec. This Office cannot decide on the length of information keeping.

So, according to crappy Quebec laws, Equifax or Transunion could keep my negative stuff for 50 years if they wanted to.
I think that's a good enough incentive to arrange some kind of settlement/payment with Desjardins or iQor and have them remove the negatives from the credit file no?

Thanks!
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RE: Looking for advice on how to proceed

Postby TJ.brooks » Mon Oct 10, 2011 09:07:28 AM

Assuming you have not made any partial payments within the last 2 years and you have not acknowleged these debts in writing with your signature....they are all past the Statute of Limitations and cannot be collected from you through the courts. The reports will come off of both Credit reporting companies 6 years after your last activity or payment. You appear to be almost there.
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Looking for advice on how to proceed

Postby Paul944 » Mon Oct 10, 2011 08:52:46 AM

A few years ago I had 2 accounts from "Desjardins". One was a credit card and the second an installment loan. In 2006/2007 both went into collections.

I'm in credit rebuilding mode so I pulled my credit reports from both Transunion and Equifax and I noticed some inconsistencies.
- On Transunion, the biggest 8500$ loan shows as paid with 0$ balance, and there's a corresponding Collections entry.
- On Equifax, the 9725$ balance was attributed to credit card account number. (and doing so the 9725$ / 1200$ = 810% utilization ratio is what is killing my Equifax score I think)
- There are no collections on Transunion or Equifax for the 1200$ credit card.

Now how should I proceed? The options I see are the following:

1) Contact Equifax and ask for account removal (mixed accounts/balances). If they correct of remove, that would only resolve Equifax, not Transunion.

2) Contact Desjarins. Will they talk to me? According to Transunion they sold the debt to IQOR.
But another item I've noticed is that the last reported date on Equifax shows last month's date. Did Desjardins purchase the accounts back from iQor?
Should I contact Desjardins first and inquire about the status of those 2 accounts and in the same letter offer a pay-for-delete directly to them for a partial amount?

3) Contact IQOR and try to negociate a pay-for-delete. (Though that would only resolve Transunion, but Equifax would still have the mixed information.

What would your suggestion be for my case?

Any feedback greatly appreciated.

Below are links to the accounts in questions:

Transunion:
http://img690.imageshack.us/img690/5750/67376091.gif

Equifax:
http://img802.imageshack.us/img802/8388/89309449.gif
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