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BigSensFan
Premium Member
join:2003-07-16
Belle River, ON

BigSensFan

Premium Member

Credit: Statute of Limitations and Debt Collector

Just a question that I hope someone here can help me with

My wife received a call from CBV collections last night. When she called back it was about a Sears Card account for about $1000 that was last active in Februrary 1997. I am 95% sure we paid it off but we have moved several times since then and I no longer have the receipts stating such.

Anyways, the Statute of limitations on Debt in Ontario is 2 years for Debts incurred after 2004 and 6 years for debts incurred prior to that. How they determine when a debt is dormant, is by the date of last activity (payment, bill sent, collections call). The date of last activity on their end (prior to last night) was Februray 1997, and I told them the account was beyond the statute of limitations (to which they agreed). Anyways, according to them, it does not stop them from calling and requesting payment (but it will not affect my wife's credit rating or even appear on her file). Is there any recourse we can take to make them stop the calls and/or letters?

Gone
Premium Member
join:2011-01-24
Fort Erie, ON

Gone

Premium Member

Send them a letter explaining why the debt is not legitimate and that that any future contact should be forwarded to your lawyer, who reserves the right to pursue civil damages if further contact is made.

I did that with someone trying to collect a bogus debt from our business, never heard from them again.

BigSensFan
Premium Member
join:2003-07-16
Belle River, ON

BigSensFan

Premium Member

Civil damages on what grounds? (not doubting you just need to know)

I called the Ontario Ministry of Consumer affairs, and they said that I should keep all receipts forever, but that I should send a letter to CBV stating my concerns and why the debt is not valid (like you said)

elwoodblues
Elwood Blues
Premium Member
join:2006-08-30
Somewhere in

elwoodblues to Gone

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to Gone
Many many years ago, I got a call from a collection agency asking about money for a company called Hookup communications (dial up Internet provider.. long since gone).

I told the guy on the phone I hadn't used them in x number of years and never heard from the again.
Scrabaholic
join:2010-05-22
Kingston, ON

Scrabaholic to BigSensFan

Member

to BigSensFan
CBV used to be Canadian Bonded Credit - they are assholes. I had them calling me years ago for someone who doesn't live here and they wouldn't let up. They were calling and waking me up at 7 am, I was sick and told them so and the woman told me to "shove a thermometer up my ass". I reported that to her supervisor.

I had to resort to changing my phone number to get the calls to stop.

DKS
Damn Kidney Stones

join:2001-03-22
Owen Sound, ON

DKS to BigSensFan

to BigSensFan
said by BigSensFan:

Just a question that I hope someone here can help me with

My wife received a call from CBV collections last night. When she called back it was about a Sears Card account for about $1000 that was last active in Februrary 1997. I am 95% sure we paid it off but we have moved several times since then and I no longer have the receipts stating such.

Anyways, the Statute of limitations on Debt in Ontario is 2 years for Debts incurred after 2004 and 6 years for debts incurred prior to that. How they determine when a debt is dormant, is by the date of last activity (payment, bill sent, collections call). The date of last activity on their end (prior to last night) was Februray 1997, and I told them the account was beyond the statute of limitations (to which they agreed). Anyways, according to them, it does not stop them from calling and requesting payment (but it will not affect my wife's credit rating or even appear on her file). Is there any recourse we can take to make them stop the calls and/or letters?

You can send them a registered letter telling them to cease and desist and if that doesn't stop things, you can use the Ontario Ministry of Consumer Services to file a complaint. More info here: »sse.gov.on.ca/mcs/en ··· hts.aspx

You should also get your credit bureau reports to make sure that nothing on file is is damaging your credit rating.

I'm having great fun with a Bell Canada collection agency trying to collect on an account that was closed by a non-profit in our building.
DKS

DKS to Scrabaholic

to Scrabaholic
said by Scrabaholic:

CBV used to be Canadian Bonded Credit - they are assholes. I had them calling me years ago for someone who doesn't live here and they wouldn't let up. They were calling and waking me up at 7 am, I was sick and told them so and the woman told me to "shove a thermometer up my ass". I reported that to her supervisor.

I had to resort to changing my phone number to get the calls to stop.

I had one collection agency call me about a neighbour and make all kind of insinuations. I reported them to the police. The sergeant called them on the spot and reamed out the supervisor That sergeant is now the Chief of Police in Durham Region. I also filed a complaint with the government over their actions.

Moonman
Shootin' You The Moon
Premium Member
join:2001-12-30
Melbourne, ON

Moonman to BigSensFan

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to BigSensFan
The Statute of Limitations on debt, only refers to the amount of time legal action can be used to collect the debt. It doesn't mean the debt is wiped out.
Do the obvious, call Sear's to clear it up.
After all, your 95% sure you paid it. So what are you worried about.

BigSensFan
Premium Member
join:2003-07-16
Belle River, ON

BigSensFan

Premium Member

said by Moonman:

The Statute of Limitations on debt, only refers to the amount of time legal action can be used to collect the debt. It doesn't mean the debt is wiped out.
Do the obvious, call Sear's to clear it up.
After all, your 95% sure you paid it. So what are you worried about.

I called Sears.. there is nothing they can do (or will do) once a file is 'sold' to an agency.

Yes I realize that Statute of Limitations refers to legal action of a debt, but it also means they can not put it against your credit rating
bt
join:2009-02-26
canada

bt to DKS

Member

to DKS
said by DKS:

said by Scrabaholic:

CBV used to be Canadian Bonded Credit - they are assholes. I had them calling me years ago for someone who doesn't live here and they wouldn't let up. They were calling and waking me up at 7 am, I was sick and told them so and the woman told me to "shove a thermometer up my ass". I reported that to her supervisor.

I had to resort to changing my phone number to get the calls to stop.

I had one collection agency call me about a neighbour and make all kind of insinuations. I reported them to the police.

I had one agency calling about a former roommate (who never used the phone number they were calling) upwards of 10 times a day (mostly while I was at work). After telling them multiple times that the person did not live there anymore and was never reachable by that number in the first place, I finally told a manager that one more call would result in having harassment charges filed against their company (after quoting the specific section of Ontario law that clearly defined their actions as harassment).

They didn't call back.

BigSensFan
Premium Member
join:2003-07-16
Belle River, ON

BigSensFan

Premium Member

said by bt:

said by DKS:

said by Scrabaholic:

CBV used to be Canadian Bonded Credit - they are assholes. I had them calling me years ago for someone who doesn't live here and they wouldn't let up. They were calling and waking me up at 7 am, I was sick and told them so and the woman told me to "shove a thermometer up my ass". I reported that to her supervisor.

I had to resort to changing my phone number to get the calls to stop.

I had one collection agency call me about a neighbour and make all kind of insinuations. I reported them to the police.

I had one agency calling about a former roommate (who never used the phone number they were calling) upwards of 10 times a day (mostly while I was at work). After telling them multiple times that the person did not live there anymore and was never reachable by that number in the first place, I finally told a manager that one more call would result in having harassment charges filed against their company (after quoting the specific section of Ontario law that clearly defined their actions as harassment).

They didn't call back.

They are only allowed to call you 3 times per week. A call according to the Ontario Consumer Affairs site, is when you speak to them or they leave a message on your machine.. If you ignore their call, that does not count

I_H8_Spam
join:2004-03-10
St Catharines, ON

I_H8_Spam to BigSensFan

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to BigSensFan
Registered letter stating provide proof of debt outstanding, your records show debt paid in full. Failure to provide proof will result in you treating all future calls as harassment.
peterboro (banned)
Avatars are for posers
join:2006-11-03
Peterborough, ON

peterboro (banned) to BigSensFan

Member

to BigSensFan
Do you have call block on your line? Sometimes companies with a large number of circuits are bundled into an equiv group in which all OUT-WATS have the same caller id # programed in the DMS.

I_H8_Spam
join:2004-03-10
St Catharines, ON

I_H8_Spam

Member

said by peterboro:

Do you have call block on your line? Sometimes companies with a large number of circuits are bundled into an equiv group in which all OUT-WATS have the same caller id # programed in the DMS.

Then they resort to skip tracing and start calling around looking for you.
peterboro (banned)
Avatars are for posers
join:2006-11-03
Peterborough, ON

peterboro (banned)

Member

said by I_H8_Spam:

Then they resort to skip tracing and start calling around looking for you.

And that would bother me, for example, how?
ufc
join:2010-09-11
Etobicoke, ON

ufc to BigSensFan

Member

to BigSensFan
'The first step a collection agency must take is to send you a written notice through the mail (email doesn’t count). This notice must include:

the name of the creditor (the person or business that says you owe them money)
the amount the creditor says you owe
the name of the collection agency and its authority to demand payment on behalf of the creditor.

After sending the notice, the agency must wait six days before it can contact you in person or by phone.

What if they’re wrong?

The agency cannot continue to contact you if:

you send a registered letter to the agency saying that you dispute the debt and suggest the matter be taken to court
you (or your lawyer) send a registered letter to the agency providing your lawyer’s contact information and notifying the agency to communicate only with your lawyer
you have told them that you are not the person they are looking for, unless they take reasonable precautions to ensure you are that person.'

»sse.gov.on.ca/mcs/en ··· hts.aspx

Last Parade
join:2002-10-07
Port Colborne, ON

Last Parade to BigSensFan

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to BigSensFan
And do NOT make a payment on that debt, that instantly brings it up to current.

BigSensFan
Premium Member
join:2003-07-16
Belle River, ON

BigSensFan

Premium Member

said by Last Parade:

And do NOT make a payment on that debt, that instantly brings it up to current.

Yeah that I know..

A Lurker
that's Ms Lurker btw
Premium Member
join:2007-10-27
Wellington N

A Lurker to bt

Premium Member

to bt
said by bt:

I had one agency calling about a former roommate (who never used the phone number they were calling) upwards of 10 times a day (mostly while I was at work). After telling them multiple times that the person did not live there anymore and was never reachable by that number in the first place, I finally told a manager that one more call would result in having harassment charges filed against their company (after quoting the specific section of Ontario law that clearly defined their actions as harassment).

Sigh... I have a deadbeat relative who shares the same initial that the phone is listed under. I can't believe that people still lend him money (or extend credit). I've only had one who didn't want to give up - idiot left his phone number on the answering machine at one point. I called back and thanked him for his contact information, that it would make it easier for me to register a complaint with the police. Never heard back from him.

Most call, I explain that he's a cousin of my father (deceased) and I wouldn't know him if I met him. Oh, I usually start with 'I can't believe someone extended him credit again'. That usually gets a laugh and I haven't had any call back.
bt
join:2009-02-26
canada

bt to BigSensFan

Member

to BigSensFan
said by BigSensFan:

They are only allowed to call you 3 times per week. A call according to the Ontario Consumer Affairs site, is when you speak to them or they leave a message on your machine.. If you ignore their call, that does not count

Yep - and if informed that the person they are trying to reach does not live at that location, they can't call back at all unless they can produce reasonable doubt as to that claim.

urbanriot
Premium Member
join:2004-10-18
Canada
·Xplornet

urbanriot to BigSensFan

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to BigSensFan
said by BigSensFan:

said by Last Parade:

And do NOT make a payment on that debt, that instantly brings it up to current.

Yeah that I know..

Just so you know, if this is a legitimate debt that can't be erased, this is a black mark on your credit rating starting from the point you pay this off / close the case, not from the day it started.

It will never disappear on its own, if it's legitimate. They'll accept deals, barter, negotiate after the debt's been passed around to a few company's... but it won't disappear.

BigSensFan
Premium Member
join:2003-07-16
Belle River, ON

BigSensFan

Premium Member

said by urbanriot:

said by BigSensFan:

said by Last Parade:

And do NOT make a payment on that debt, that instantly brings it up to current.

Yeah that I know..

Just so you know, if this is a legitimate debt that can't be erased, this is a black mark on your credit rating starting from the point you pay this off / close the case, not from the day it started.

It will never disappear on its own, if it's legitimate. They'll accept deals, barter, negotiate after the debt's been passed around to a few company's... but it won't disappear.

It is not legitimate I am sure we paid it off

But regarding a black mark, it does not affect credit rating or even appear on your credit file if it was dormant beyond the statute of limitations

HiVolt
Premium Member
join:2000-12-28
Toronto, ON
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Wow, 14 years.

I would say this is unreasonable for them to try to collect after such a long time even if the debt is legitimate, as people do not keep their credit card bills for that long to verify if they paid or not.

I don't think you could even get records from your bank (if you paid via bank) that far back. Chances are you probably switched banks anyway.

BigSensFan
Premium Member
join:2003-07-16
Belle River, ON

BigSensFan

Premium Member

said by HiVolt:

Wow, 14 years.

I would say this is unreasonable for them to try to collect after such a long time even if the debt is legitimate, as people do not keep their credit card bills for that long to verify if they paid or not.

I don't think you could even get records from your bank (if you paid via bank) that far back. Chances are you probably switched banks anyway.

Yep back in those days we had a Canada Trust account (prior to the TD merger)... that account was closed when we went with PCfinancial

urbanriot
Premium Member
join:2004-10-18
Canada
·Xplornet

urbanriot to BigSensFan

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to BigSensFan
said by BigSensFan:

But regarding a black mark, it does not affect credit rating or even appear on your credit file if it was dormant beyond the statute of limitations

Ah, I missed the 14 years post. If they haven't made any effort to collect, you can find out for yourself right this second if it's on your record or not.

»consumer.equifax.ca/ ··· me/en_ca

Fill out the information, pay the $25, and you can download your complete credit report with a great deal of information.

If it's on there, you can easily dispute it and reference the debt ID directly. If it's not on there, you tell the debt collector to sod off and if they don't, you call the CRTC and they'll tell them to sod off.

BigSensFan
Premium Member
join:2003-07-16
Belle River, ON

BigSensFan

Premium Member

said by urbanriot:

said by BigSensFan:

But regarding a black mark, it does not affect credit rating or even appear on your credit file if it was dormant beyond the statute of limitations

Ah, I missed the 14 years post. If they haven't made any effort to collect, you can find out for yourself right this second if it's on your record or not.

»consumer.equifax.ca/ ··· me/en_ca

Fill out the information, pay the $25, and you can download your complete credit report with a great deal of information.

If it's on there, you can easily dispute it and reference the debt ID directly. If it's not on there, you tell the debt collector to sod off and if they don't, you call the CRTC and they'll tell them to sod off.

Yeah we plan on doing that.. (FYI it is my wife's debt not mine)
peterboro (banned)
Avatars are for posers
join:2006-11-03
Peterborough, ON

peterboro (banned) to HiVolt

Member

to HiVolt
said by HiVolt:

I don't think you could even get records from your bank (if you paid via bank) that far back. Chances are you probably switched banks anyway.

Chances are if you requested proof they couldn't provide that either.
IamGimli (banned)
join:2004-02-28
Canada

IamGimli (banned) to urbanriot

Member

to urbanriot
said by urbanriot:

said by BigSensFan:

But regarding a black mark, it does not affect credit rating or even appear on your credit file if it was dormant beyond the statute of limitations

Ah, I missed the 14 years post. If they haven't made any effort to collect, you can find out for yourself right this second if it's on your record or not.

»consumer.equifax.ca/ ··· me/en_ca

Fill out the information, pay the $25, and you can download your complete credit report with a great deal of information.

...or fill in the form for the FREE paper copy of your credit report the credit sharks are required by law to give you and wait a couple of weeks for it.
Sukunai
Premium Member
join:2008-05-07

Sukunai to BigSensFan

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It's just a phone call, I can't fathom why people don't turn off their phones during moments when a call would actually be a problem ie illness.

I had a hassle with a collection service. Dummies had a machine call me, that then asked for me to please hold for the human. It was laughable. They actually expected me to hold?

The correct response is to either hit the button that hangs up (it's not that hard eh) or just have fun with it. "could you say that again, I didn't hear you.. again please a bit louder, I'm sorry I didn't understand you, you will need to speak slower, I can't quite understand what you are saying' a few minutes of that, and I can assure you they will regret calling you eventually

sm5w2
Premium Member
join:2004-10-13
St Thomas, ON

sm5w2 to BigSensFan

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to BigSensFan
For the past 15 to 20 years, every phone number I've had has been listed in the phone book under a fake name (eg - K Jones). I don't know if things are different now, but Bell used to let you specify what name showed up in your white-pages residential listing. I've always operated on the premise that anyone that I ever wanted to get a call from wouldn't have to go to the phone book to find my number.

So when ever I get a call from someone asking to speak with "Mr. Jones", I immediately say sorry- you've got the wrong number - and hang up.

On this theme, also for the past 20 years I've had a PO box, and that's what I use as my "address" for my driver's license and passport. I give the street address of the "quickie mart" that contains the po boxes, and I use "Unit number nnnnn" in place of PO box number nnnnn.

You really don't want to be traceable in this day and age.
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