I am just wondering now that I have sent off my letter to the MTCU apeal board in Thunder Bay, asking for clairfication of why bursary received in 1994/1995 was sent to NCO collections, and to send me the complete file regarding bursary..further clear instructions on how this error can be rectified; what if they send me same paperwork as I received in April 2012 from NCO (original contract and one letter to an old address back in 2001), and further if they claim to me same reason (no receipts on file), lastly they claim their is no error and they damand payment is the only way to rectify? If they do not send to me paperwork about a judgement, am I safe to assume they never filed one against me?

As previously stated in older posts, I should be statute barred from this error..but I don't expect MTCU to admit this and I would like to know if MTCU is not going to budge, even if they have no legal ground to the collection of this error, what should my next steps be to legally challenge MTCU to have this matter cleared up once and for all? If anyone knows please share...Thank you,

Only on a few kinds of debts like student loans can they be revived, but not by speaking about them.

statute of limitation in Ontario - my lawyer thought that speaking with a collection agent about a debt is an acknowledgement of the debt - and sol could re-start should you speak to a collector about a debt.

I was under the impression that it was 2 years after 3 consecutive payments were missed.

thanks

OK...
At one point I had my employee go out and find all of the Acts related to credit repair including Credit Reporting Acts, Consumer Protection Acts, Collection Agency acts etc.

We found most of these for each province in pdf format.

I'll do some checking around. I thought it would be nice as we get quite a few queries regarding statutes of limitations on this site.

Monty, a short while ago, you asked me for a summary of the various limitation periods for the provinces and territories in Canada.

I'm sorry I didn't back to you but I should mention that your request is almost impossible to satisfy.

If you look on the web, you will see many people asking lawyers what the limitation periods are in their province or state. The lawyer generally declines explaining to them that the question involves all kinds of complexities to which it is impossible to give a definite answer.

It all depends on the type of injury, tort or breach of contract, when it occurred or was discovered and the circumstances under which it happen ed. It's usually possible to conclude with a fairly high degree of certainty what the limitation period for action would be once all the details of the injury or breach of contract are known but throwing out blanket limitation periods is a legal no, no without that.

You will see why if you even casually peruse the various provincial statute of limitations acts. They are quite complex because they detail all the types of actionable injuries that could occur along with their sundry exceptions and qualifications.

The Ontario Limitations Act of 2002 is one of the simplest to understand as it is written in relatively plain language - and it has 24 sections. In contrast, the complex legal jargon in the BC and the Maritime Acts might prove challenging to many lawyers.

Ray

Raymond,
Do you have a pdf copy of the Statutes of Limitations for Ontario.

I will post it up on the photo album area for everybody to access.

Yeah, FDR's paralegal (up on 40 Wilmott, in Richmond Hill, Miss Brooks, if I remember her name), vehemently denies that the sol has been changed from 6 years to 2 years, so they may try to bluff their way through court if you don't fight them. That office is one of the most pathetic I've seeen.

Ray

Revised plan. I called SMC and was told that the defense has to be filed within 20 days if served personally and 40 days if served by mail, etc. I received my claim by FedEx on August 8. Whew! I am still going there TODAY to file it. Again many thanks for the direction. It has quelled the adrenalin a bit.

I forgot to mention that the collector is FDR. I am engaged in battle on 3 fronts with The Great and Powerful Oz so FDR is like a dog raiding my supply tent. I guess you just have to go back there and shoo it away!
Thanks again.

Thanks for the feedback. Ontario is the correct location. I will go to the court today and speak to the clerk.