SOL is 2 years for Ontario from date of last activity (payment or acknowledgment of debt - in writing).

Do not acknowledge the debt on the phone or in writing. Do not entertain their calls if the SOL is over. If the date of last activity on the account was late 2008, you are still within the SOL and therefore the threat of filing suit is real, so demand validation, challenge the debt and suggest they take it to court, send a cease and desist letter from contacting you in any way except via Canada Post, and then come back here when you've heard back from them.

I believe it is either 4 years or 2 years from the date of the orginal debt I think you can google a web site type in statue of limitation of debt in Ontario

@franniee2003: Thank you for your reply. I think the debt is from late 2008, but I will look into it.

Would you happen to know what the statute of limitations is for Ontario? Does the clock restart if a collection agency speaks with me (or my father), hence, acknowledging the debt?

NeueRegel would Citbank be under the same situation as Amex in that they HAVE to abide by U.S. law and is there a reference on the net that I can read about it.

re your father debt. If this is a really old debt the stute of limition may have run out on the debt, So check into that. Also if he does still owe the debt I would tell the collection agency sue me and hang on them given his age and limit income and medical problems the judge would not side with the collection agency

@NeueRegel (and anyone else with insight):

Question: My father is a widower, fallen on hard times, quite old (late 70s) and has not much money left (I really wish I could help him but I too have financial constraints). And what money he does have goes 100% to his medical expenses and retirement home (partly gov't subsidized already). Yet, he has a collection agency badgering him for a credit card debt, it seems, he still owes.

Given his money situation, he cannot pracitically pay up; and given his age, credit scores no longer matter.

I hate to say this, but is there a way to just not pay this debt (amount between $4-5k)? What are likely consequences?

Thank you.

In june when I was with Collect Corp as a manager I had full authority to settle debt for 30% of the current balance.

No they cannot call at an "inconvenient time or place". send them a letter barring them from contact with any 3rd parties and giving them the ONLY # you want contact at. Also...since Amex is their client, even though they may be in Canada The HAVE to abide by US law.

You can request Validation of the debt at any time, and they HAVE to cease collection activity on the debt until it is validated fully.

In your case, since the loan wasn't secured, the 2 year limitation period begins when you last made a payment on or provided written acknowledgment of the account.

Yes, you can make a complaint about them violating Section 22 of the Collections Act with respect to them repeatedly calling your parents in order to blackmail you for payment. It won't do you any good but you can make it.

Ray

In short last year ran into some hard times with a failed business and got sent to collections.

CollectCorp was assingned my account.

So i have asked them for the oringinal contract i singed and they will not give it too me.

I asked them for paper work that I apparetly Signed agreeing to paying an intrest rate of 23.99%. they will not proivide it.

They say it is my responstiblity to have it.

They have been giving my the run around.and will not entertain my questions and demands.

I also asked them to contact me via my Cell Phone and not my parents home. yet they keep on calling via atomated telephone calls.

They know how to reach me yet they are harrasing my sick parents.

Can I file a complaint some where I live in Ontario.
I owed 14K when i was sent to collections.

I have since paid down over 6k on my account.

They tell me I owe 11K still I have never gotten one piece of paper work from them.

I asked what the buyout would be back in july they said 6500.00

I wasn't able to pay it

As of last week i asked what my buyout was and they said 9K. they raised the buyout I guess because i have been paying it.

When does the statue of limtiations start from?