I don't think I like his choice of toppings.

Ray

To Sickntiredinswo:

If the Canadian Tire Mastercard was your only account, section 4 of their cardholder agreement, contains a "joint and several liability" clause, something which is standard in most credit card agreements.

That means that you, along with anyone else who has been issued a card or whose name appears on the account, are EACH ultimately responsible for all the charges incurred on the account.

But if you obtained the card separately from your husband and he neither had a card nor was his name on the account, it's hard to see how he could be held responsible.

Unless there is something you're leaving out, you need to contact their ombudsman Jennifer McDougall in Welland at 1-905 735-3131 to straighten out the error.

Yeah, I agree filing for bankruptcy if this is your only debt wouldn't make sense unless you owed over $20K or something like that.

I have no idea how much you owe but since you are largely judgment proof (I assume you do not own a house), you don't even need to go through a consumer proposal. Offer them 50% at so much a month. They will hang up on you after threatening a lawsuit. Then another person using a nice tone of voice will call you back within 2 or 3 days since their fishline has registered a bite. Then if that person doesn't come to an agreement with you, it will be followed by another nasty collector in another 2 days who will scream his head off at you some more.

They do this to get you off balance and disoriented. Because you are weak and elderly, they will use that tactic to indimdate you even more. But don't let it get to you; jackals will be jackals. Anyhow, if you can come to an agreement, make sure you conduct all negotiations with them over the phone and don't give them a penny UNTIL they send you a SIGNED written agreement in letter form (not fax) that says something to the effect "in final settlement"... Anything else is likely to be a trick.

Besides, if you're in Ontario, this debt is going to be stats barred from legal action 2 years after your last payment (i.e., April 2010) - unless you renew the debt by providing them with a signed written acknowledgment or make an interim payment.

Let's put it this way: If they took you to court, it would take the better part of a year to file the claim, go through the mandatory pretrial mediation and then the actual trial if that failed to get a payment order.

For a person in your position, in the worst case scenario even if a judgment was obtained against you, the judge, if you explained your circumstances, might give the collection agency $25 a month with no interest accumulation while not in default. I'm sure the collection agency knows this already and it's making them reluctant to sue you. Otherwise, they likely would have filed a claim by now. Either way, you have very little to fear even if you get taken to court; in fact, you would surely come out ahead.

Oh yeah, don't forget to pursue the credit insurance thing. Was it with "American Bankers"? I read their agreement. It's a joke but the joke's on you. The guys who run that are, to use Bud Hibbs phrase, "one crotch size away from an orange jumpsuit."

Ray

I don't think that will happen,making food for people is a useful job and a collector couldn't do that .

I've always said collectors resemble Nazi prison guards in their makeup.
Let's just hope Jaimiedude never gets a job in a pizza parlour.

Ray

Odd how collectors are sensitive to being called names. Maybe they dont like being treated just like they treat people.But one must remember collectors are the failures of the financial world they cant get jobs doing anything worthwhile so they just end up behind a little desk trying to act tough and threaten and scare people. If that "jew shrums" comment is like it sounds shouldnt this loser be kicked out of here?

Hey jamiedude00,

You are correct what I said was very rude. If you knew me you would say I am one of the nicest people you know. If you have had any experiences with the collection agencies from the collection agencies you would know how they talk to you. I have been called worse names that and have been lied to many times. I have had the pleasure of dealing with collection agencies from:

- NCO Financial
- CollectCorp
- RecoverCorp
- Credit Bureau of Canada Collections
- Commercial Credit Adjusters
- Financial debt recovery (FDR)

Most of my dealings with them were for the different Student Loans that I have had so I dealt with some of the senior collection agencies. Based on my experience I know that you have to talk AT them in the language that they understand.

If I have to rude to stop someone from intimidating, threatening and humiliating me that is what I will do.

At the end I get what I want because I have something that they badly need. I know what the laws are and what kind of settlement I can get. I have read through hundreds of posts on www.canadastudentdebt.ca and various other sites and I know what works and what does not.

I know it's not easy but it's not as hard as you think. Nothing worthwhile in life is ever easy. I never provide income statements or fill out any financial questionnaires. If they want to know how much I make or if I work or not then they need to find out. I don't fork that information over to anyone!

Many thanks Raymond. What am afraid of is they did put my debts
on his credit report, as he told me recently he applied for a loan,
and he was rejected for owing money. But he doesnt have
any debits at all? He has one credit card which is paid off in full, in
his name only too. How can he remove my debt from his record report?

I do have only one credit card with this problem?
No i dont want to go bank rupt route nor to court.
I just want to make amends, but need time to pay it off
slowly with payments i can manage. My intention were never

to get in so much debit but i was working, but now things change?
I thought the company would work with me, and make good
on the insurance i was charged?
I didnt think that not paying for 7 to 8 months was gonna resort
to this collection harassment, am worried stress all the time.

If my debt has been bought by collections now, will they reduce it?
And will they accept a lower payment plan each month?
I know in 6 months I could pay more as I have hope
my health and situtation will improve so i could work part time, then
pay them more, but in meantime, am only can pay a bare minum?

Sorry again, but many thanks to you x

Unfortunately, you're the type of person collection agents go after. That's why I call them collection agencies of human misery. No point in trying to talk to them; there's nothing human in them. Since you're old and frail, obviously, you wouldn't be up to hammering the jackals back when they call. Maybe you could get a whistle and blow it in their ears when they phone. Or don't answer if you see it's them and have call display.

I can only say that I'm sorry all your collection calls aren't routed to me so I could enjoy giving them all the attention they so richly deserve.

You have little income and if you have no significant assets like a house, you are pretty well judgment proof. That doesn't mean that the lowlifes wouldn't stoop to take you to court if the creditor directs; but it does mean that you would have little to worry about even if they did. I can't explain the court system to you here but the only thing you would have to potentially worry about is them putting a lien against your house if you owned one.

Other than that, just tell them to get lost if they phone. Intimidation, lies and threats are their game and so don't play it.

Credit insurance is such a rip off because it's overpriced and they make it so difficult to collect on. I would go definitely go after it but it could be quite a lot of aggravation and I doubt you are in any condition to do so.

Your husband would only be responsible for any debts that are what's legally called "joint debts." That is the loan or credit card agreement would have to contain his signature agreeing to be a party to and also accountable for the debt. That's true whether or not you are together or separated. But since you applied for the credit in your name only, there's no way he should be legally responsible

To confirm there's been no error in this, your husband would have to order his own credit reports from the 2 credit bureaus, Equifax and TransUnion. He would have to do it himself and therefore you couldn't do it without his knowledge. That's because his signature and 2 documents showing his address would have to be submitted if he were to send for a free copy by mail. Realistically, if the debt was in his name also, you can be sure the collection agents would be hounding him as well by now.

If your debt is large and you have no significant assets, you can always file for personal bankruptcy. The cost is about $1500 but you can pay about $80 - $100 a month - or less maybe. No big deal as100,000 people a year do. Creditors can't touch you as soon as you file with a trustee.

However, I have no idea of how many debts you have. If it's only one credit card, it would be a shame to file because of a single credit card. I would go after the credit card insurance and be complaining big time to the people who regulate insurers, the Financial Services Commisssion of Ontario (FSCO) on Yonge Street in Toronto if they denied me.

Ray

Hi, am sorry in advance as is my first time here and first posting,..
I find it hard to navigate here?
My Q is... am sick n tired of these calls from contact resourse services
and they dont say who their call for? I have a guess, but shouldnt they
be honest to me? My problem is I had illness since March and it
has me not able to pay, yet i did pay the credit card insurance for
canadain tire, now they still didnt sort it n cover those payments,
i had 2 surgeries since march, been on serious meds which left me
loopy, my money is gone, am on bare min with help frm loans frm others, which makes me dead worried now too.

I stopped paying the payments since April, and due to illness,
havent paid them. I like to pay something, but its not much.
The constant call, n vms to and sunday calls even, and harassing vms
leave me helpless.

Why do they charge for credit insurance if they dont cover it?
I dont qualify for any loads, I tried, was turned down.
Now am have a bad credit on equifax.

What can i do before am have a heart attack?
My hubby n me separted for now, he is serious ill, old, and retired.
He doesnt know about this credit as its in my name i applied for it alone?
Question is.1.. does it affect him?
2..what can i do so it never ruins him, as hes innocent?
3.. even if we dont resolve, i dont want him to die with my debts
and mistakes?
My debt is large, i have no assets.

Best i can do is pay 100.00 every 2 months payment ?

Maybe someone should slap you. Or toss you into that manure pile you keep shovelling. By the way, did you know that 40% of nobel prizes in science have been won by Jewish people? And I bet a lot more collectors' brains would fit on a silver platter than angels on the head of a pin.

Bottom Line: It all depends on who owns the loans and what, if anything, they can do to you which actually determines who's got what power.

Another collector lie: The only difference "how you approach the collector" will make is that there the more human you treat the collector, the more inhuman he will be to you.

Every meeting with a collection agent is in essence a confrontation of power. Not to see this is myopic. Hence the collection industry's motto: "tenderize by pulverizing" [pschologically]. What collectors actually mean by this is a form of telephone "[[edited: bad language]] baffles brains" terrorism.

But it always boils down to knowing what, if anything, the creditor can do to you that determines who's in the driver's seat.

More specifically, with respect to student loans, it's necessary to determine if it has federal and provincial components and what banks or other parties are involved. Then find out the dates of last payments of each and any written acknowledgments provided (whether or not they contained an agreeement to pay). After that, investigate what the applicable provincial and federal laws and limitation periods are governing them. Laws are always changing and the periods applicable to the loan when it was taken out get grandfathered.

In this case, if it's an Ontario loan that wasn't ALREADY stats barred under the 6 year rule prior to Jan, 1, 2004 then there is NO limitation period. In contrast, federal portions of student loans have a 6 year SOL period.

If it's not stats barred, then look into what enforcement methods the government is using to collect on loans similar to the one you have. There's lots of blogs available (like the Canada Student Debt Forum) letting you know if the governmment is likely to do more than hold up your income tax and GST returns.

Two important things to remember

1) Student loan limitation periods can be REVIVED, and not just RENEWED by providing a written acknowledgment of them even if they only contain a refusal to pay. Collection agents are always trying to trick people into renewing or reviving SOL periods by sending them those stupid financial forms to fill out or asking for just one little "itty bitty" payment. Keep your communication to the telephone.

****To illustrate: Here's a post on a blog made today by "tk416" who owed over $6000 on the FEDERAL portion of a student loan from 1993 and 1994. He revived the debt by making a $100 payment in Jan. of 2003. Next month (Jan., 2009), the 6 year limitation period would have been up again - and surprise, he gets slapped with a Small Claims Court lawsuit just before the SOL expires. Even though he wasn't watching the collectors, they were watching him. The other bloggers correctly chew him out for shirking his duty but are unable to answer his question. In contrast, many other destitute defaulters exist who just can't pay. Anyhow, my point is amply demonstrated.

http://www.redflagdeals.com/forums/showthread.php?s=16f113ef040dc7ce0da35804e632e0ef&t=673684

2) BE MENTALLY PREPARED: Any collection agent you will encounter will lie through his teeth, threaten, sympathize or antagonize, be conciliatory or abusive, complimentary or insulting, nice as pie or nasty as hell, friendly or hostile, promise you anything or everything, say anything you want to hear or everything no one should hear...... ad nauseum, ad absurdam, ad infinitum - just so long as you make ONE damn payment.

If the collector has been working loans for several years and wants to play by his own rules, tell him to go play with himself. Bank settlement criteria only means anything to the extent it can be and actually is enforced.

I'm not suggesting one sherk moral obligations; nevertheless, one should not be deceived or intimidated by lies and phoney threats.

Ray