Collection Agencies - ARO Inc.'s information from the internet - Canada

a good place to talk about links

RE: -ARO and statute barred collections

Postby average_joe » Fri Feb 25, 2011 08:53:53 AM

I wish we had the two year rule in Nova Scotia.
average_joe
Member
Posts: 2565
Joined: Sun Dec 16, 2007 03:58:17 PM
Province: NS


RE: -ARO and statute barred collections

Postby confusion101 » Fri Feb 25, 2011 08:39:21 AM

Yes sorry.
It is 2 years if after 2004 if before it is still only 6 years. :)
confusion101
Member
Posts: 3
Joined: Thu Jan 13, 2011 03:34:36 PM
Province: ON


RE: -ARO and statute barred collections

Postby average_joe » Thu Feb 24, 2011 09:33:02 PM

The sol in Ontario is two years.
average_joe
Member
Posts: 2565
Joined: Sun Dec 16, 2007 03:58:17 PM
Province: NS


RE: -ARO and statute barred collections

Postby confusion101 » Thu Feb 24, 2011 04:04:59 PM

To Kat.
Sorry to hear about that.
I to got a call from them about a dept that is 11 years old. The SoL is 6 years in Ontario.

this person probably works for the collection company. u had Absolute deffence under the Statue of Limitaions the dept has expired.
confusion101
Member
Posts: 3
Joined: Thu Jan 13, 2011 03:34:36 PM
Province: ON


RE: -ARO and statute barred collections

Postby orestes04 » Sun Aug 22, 2010 12:11:47 PM

To say that ON has no SOL is completely erroneous:

Ontario - The Ontario Limitation Act 2002, came into force on January 1, 2004. It sets two years as the term (Section 4). This limitation will be reinstated where the debtor acknowledges the debt or makes a partial payment towards repayment of his debt. If the default occurred prior to January 1, 2004, the creditor will continue to have 6 years to pursue the claim. However, if the default occurred after January 1, 2004 then the 2-year rule applies.

source: http://www.canadianlawsite.ca/debt-collection.htm#u

And also to note - the SOL applies to being sued by the creditor - a debtor will always owe the money.
orestes04
Member
Posts: 59
Joined: Mon Dec 08, 2008 12:07:06 PM
Province:


RE: -ARO and statute barred collections

Postby bcgirl07 » Sun Aug 22, 2010 11:52:32 AM

Ok, I'll try to help you, Kat.

1. Zellers charged off the debt in April 2000 > my best guess is you live in Ontario. There isn't a SoL in Ontario, which is why they're still contacting you.

2. ARO puts in a claim and serves it to an address I don't live at. year 2006 > most likely because that is the last address they had for you, which they most likely got either from Zellers or from the previous agency

3. ARO serves this to my employer by Canada Post, no signature > hmm, uncommon but it might have been forgotten. obviously though it at least had a company name and address, if you knew it was from ARO

4. I go to the Small Claims desk to ask how they got this. They advised me that they won judgement and that I was served. My signature is not on file??? > they don't need your signature to sue you.

and now as for this

"I was paying a different collection agency in December 2000 and in 2001 with post dated cheques. Why is this not showing? They payments in 2001 and with another collection agency?"

Collection agencies only have an allotted amount of time from the client to get the job done. if they don't get the debt paid off in that time, it is given to a new agency. Unfortunately, that agency does not have to keep up with the post dated cheques, as the agreement was made with the previous agency. however if you wish to still do PDCs, just call ARO now and tell them so; they can set it up.

And as for charging ARO, you probably won't get very far. You do owe a debt, so ultimately they're not responsible for your time lost from work. They're just doing their job, crappy though it is, and the courts will not be able to do anything about it. Not to mention, they don't fax anything without your permission, so someone at your work obviously said they were you to get the fax. I'd stop telling people my DoB and private info in that case. And, anyone can get your information from Transunion. How do you think car dealers and cell phone companies find out your credit rating to see if you can have those things? It's not illegal; it's public information.

As much as it sucks, unfortunately ARO has done nothing wrong. The harassment of your family members is probably because they were trying to find you, and a simple "don't call here anymore" would have fixed the problem. Now if that was the case, and they have a recording saying so, the only way ARO isn't liable is if that was your contact number, if you lived at the residence. if you didn't live there, and the family members said as much, and requested they stop calling, then that would be harassment.

Hope this helped a bit.
bcgirl07
Member
Posts: 7
Joined: Sun Aug 22, 2010 11:06:27 AM
Province: BC


RE: -ARO and statute barred collections

Postby KatintheHat » Tue Oct 21, 2008 02:54:41 PM

Help with the following:

1. Zellers charged off the debt in April 2000.
2. ARO puts in a Claim and serves it to an address I don't live at. year 2006
3. They win judgement, get a garnishee order
4. ARO serves this to my employer by Canada Post, (no signature) 2 months later. November 2006
5. I go to the Small Claims desk to ask how they got this. They advised me that they won judgement and that I was served. My signature is not on file???
6. In Sept 2008, I find out that there is a bench warrant on me. I go to the sheriff's office and be excorted by police to the small claims desk. They say I am to be in court, 2 weeks later.
7. I go to this court date to find out it is a payment hearing. I try to tell the judge I was never severed, I also try to show her proof from Canada Post it was "return to sender", I did not live at this address. The judge did not look at it, said they have judgement. I managed to convice the judge that I am going to see a debt consolidate to get more time to check this all out. She put the date out 4 weeks.
8.l I did so much research about all of this. I did a Apply to Judge, gave them copies of all my attachments, (2) no delivery to me with proof; (1) serving garnishingee orders 2 months late?; (1) contacting my employer twice with this voiced document;

9. Small Claims court called and said the judge did not have to see my onthe court date, and the payment hearing was cancelled. My paperwork worked. They are sending me a date where there will now be a Meadiation hearing.

Zellers/HBC in a letter to ARO, said: they don't show my application on file, they charged the debt off in April 2000. I owe xxx.xx

I was paying a different collection agency in December 2000 and in 2001 with post dated cheques. Why is this not showing? They payments in 2001 and with another collection agency?

Can I go to the mediation hearing and say there is NO debt with ARO, I am dealing with a different company, I have my invoice copies and bank statements to prove this. Why would HBC/Zellers sell debt to ARO and another company????

I also want to charge/fine ARO for my time lost from work, my mileage to and from the courts, my embarrasement to have a bench warrant, calls to the previous address I lived at harassing them, harrassing my employer twice (two separte people where I work), cleaning up my credit rating because of the times they did a credit check with out my approval, faxing my employer so anyone could see the fax.

What should I do, where should I start?

..... CAN I DO THIS AND IF SO WHO DO I COMPLAIN TO?
KatintheHat
Member
Posts: 12
Joined: Tue Oct 21, 2008 01:36:38 PM
Province:


RE: -ARO and statute barred collections

Postby Raymond » Thu Jul 26, 2007 03:00:18 PM



Hey, "lander," watch your language - those are "financial resolution specialists" that you're talking about!

Ray
Raymond
Member
Posts: 1420
Joined: Tue Jan 23, 2007 12:44:29 AM
Province: ON


RE: -ARO and statute barred collections

Postby lander » Thu Jul 26, 2007 07:59:10 AM

I get home last night to find a message from this little girl to phone her ...it's urgent...I have to make a decision..LOL!!!I phone next morning and ask for the extenstion and some guy answers.I tell him some gal phoned here yesterday leaving me a case number.So this muppet says he'll help me and asks me for the number.I wait.. he can't find the number.Then this scholar asks me for my name so I tell him and spell it out,he then asks me to slow down on the spelling.So I do waiting about 5 seconds in between letters.then he says you don't have to be sarcastic..Im trying to help you out.He searches for my name and can't find it..Wonderful.You return these scumbags calls and they can't find your file.this must be a real circus they're running.So now I guess I'll sit back and wait for this parasite to call back.I'll then help her make a decision and it won't take long!!!
lander
Member
Posts: 3
Joined: Wed Jun 13, 2007 10:45:42 PM
Province:


RE: -ARO and statute barred collections

Postby Raymond » Sun Jul 15, 2007 07:29:39 AM

Finally, someone's got it figured out!

Ray
Raymond
Member
Posts: 1420
Joined: Tue Jan 23, 2007 12:44:29 AM
Province: ON


,

Return to Collection Agencies - Discussion Area