Just because a debt no longer shows on a credit report does not mean the debt does not exist.
Debts fall off reports 6 yrs later.
True they have no longer the ability to use the courts to collect, but the debt still exists and they can hound you forever for it.

I got a call few years ago, they first wanted me to verify my birthday and sin i caught on to them and realized that they did not have anything against me as my credit report was clear and I owed no body anything but these calls dont stop everyday between 10.30 and 2.30p i get a call from them and it comes to my cell phone and it answers the call without me even pressing answer..and it rattles on. How on earth do i stop these people.

For anyone who is receving calls or charging instruments in the mail from any collection agency please do the following.
Send a letter stateing the following. They can not take you to court for anything because they can not produce any of the following and this includes school loans or any other debt you have been lead to believe you owe them!

1.Validation of the debt (the actual accounting);
2.Verification of their claim against me (a sworn affidavit or even just a signed invoice); and,
3.A copy of the contract binding both parties.
I was to write that I would be happy to pay any financial obligation I might lawfully owe as soon as I received these three documents. The banks can’t validate the debt because they never sustained a loss; they can’t verify any claim against me because I am not the NAME they are billing. They can’t produce a copy of the contract because one doesn’t exist. What exists is an unenforceable unilateral contract. What the banks refer to, as ‘your contract with us’ is not a valid bilateral agreement since the four requirements of a lawful, binding contract were not met on the credit card ‘application’, namely:
1.Full Disclosure (we are not told that we are creating the credit with our signature);
2.Equal Consideration (they bring nothing to the table, hence they have nothing to lose);
3Lawful Terms and Conditions (they are based upon fraud); and
4.Signatures of the Parties/ Meeting of the Minds (corporations can’t sign because they have no right, or mind, to contract, as they are legal fictions). Credit cards are win/ win for the banks and lose/ lose for everyone else – it is the slickest con game on the planet.

PLEASE.......... Go To.....................one-heaven.org

For those of you who want to verify for yourselves the truth of my post and learn how to correct this problem in our government and for the people please go to www.one-heaven.org.

On that site you will find out the truth about everything. What is the law? How to deal with fore-closures on your homes, the truth about lawyers and courts, how to discharge the debt without bringing violence upon yourself from these thugs we call government.

It is important that we learn how to stop this corporate commerce government from destroying our lives, our world and the future of our children.

We have been self-sabotaging out being lied to and tricked and using our decency against us. Most people just want to live their lives and provide for their families. As anyone who is reading this knows this is an impossible task dealing with liars and thieves that care nothing about you, your children or this world. Please follow the instructions on one-heaven.org to remove yourselves from the "slave roll" in order to take back control of our lives and the future of our children.

Yes it probably will go on forever if people do not realize what is going on in this country with this government.

Here is the truth.
There has been no government in Canada for seventy years. We are governed now by "corporations" that have taken control of the currency of all countries around the world. No group of people or one person owns anything in any country. The people voted a government in each country to serve them. Meaning to distribute our resources fairly among the people.

In 1933 a group of thieves called government put all of us on a Slave Roll
via the Birth Certificate. The name on your Birth Certificate is not yours. Parents unwittingly registered their children not knowing that what we actually did was gave these thieves authority over us meaning the right to take away our children, our property, our livelihood our lives.

We made ourselves slaves without knowing and most do not know this truth to this day. The result is that through our signatures signing the corporate name (notice the name is all capital letters on everything) on anything each of us give away our trust as individuals. We have been tricked to believe that we owe debt when in fact these corporations, banks and collection agencies owe us.
You see their is no law stating that we have to pay income tax, property tax, interest, user fees on anything. Most people in our jails today are their for not paying this thieving government. Because it is not a crime for us to not pay them. The truth is they (banks IRS- CRA. collection agencies) have launched the biggest criminal scam upon the world gin to Hitler only much more subtle.

The information that MightDread gave you is substantially correct.

As you can see from the third link below, as per Section 5(1) of the BC Limitations Act, the debt, once past its SOL of 6 years, cannot be revived. (If this were a student loan it could be revived - but it's not.)

And as per Section 5(5), an acknowledgement must be signed and in writing whwther or not it promises to pay. But that's moot here because the debt is already expired.

We've had a slew of people writing in about AktivKapital (who purchased Portfolio Management Solutions in 2005), and so it's not feasible to keep repeating the same things which apply to each case.

Therefore I've included the links to a couple of threads, among others where others ahve written in with the same problems regarding AK.

You should read through page 5 of thread #1283 and perhaps a few other pages to see why there's really nothing to worry about.

As pointed out, AK only recoups about 3% of the stats barred debt they purchase in Canada, the lowest of the 14 countries they scavenge er, I mean operate in.

If you decide to settle for moral reasons, 10 to 15% would be a decent offer. Conversely, if you decide not to and they keep calling, you can start haranguing their ombudsman, Lorie Roberts each time they do at the number and extension listed. That should force the collection agencies to move on to an easier meal real fast.

/threadview/1283/7209/5.html
/threadview/1442.html
http://www.qp.gov.bc.ca/statreg/Stat/L/96266_01.htm#section3

Ray

Good points - Thanks MD

We never once told them we would make a payment and we have not made a physical payment. We only sent a letter stating the debt is stat barred and please cease collection. If that is not considered acknowledgment I guess we are fine.

My wife isn't too confrontational so hopefully there is a way for me to put an end to this without involving her too much. I just need to know what to do & definitely what not to do.

If you are out there Ray your thoughts would be much appreciated :)

Hey Crazy,

If this debt is past the Statute of Limitations (SOL) which is 6 years in BC there is not much they can do to collect this debt from you.

"British Columbia - Section 3 (5) of the BC Limitation Act sets 6 years as the limit for debt"

The SOL starts from the last time your wife acknowledged the debt. This means either she said she will pay the debt on a call to a collection agency or made a payment. Making a payment on the debt is considered acknowledging the debt.

So, if in the last 6 years your wife did not make any payments or acknowledged the debt in any way (verbal or written) then you guys are in the clear.

The collection agencies from the collection agencies will continue to call until you take some action. They know that most people don't know the laws and will give into intimidation.

Ray will be able to tell you more about what you can do to stop the calls. Not everyone here likes Ray's ways of dealing with the collection agencies but I certainly do :-)

I believe if you can mail them a registered letter stating that you dispute the debt, and you want the them to take you to court. The other thing you can do is have them communicate with you in writing only.

************************************************************************
British Columbia Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, ss. 116(4)(a)

British Columbia Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, ss. 116(4)(c)

http://www.qp.gov.bc.ca/statreg/stat/B/04002_07.htm#section116

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Just make sure you do not acknowledge the debt in anyway now!

My wife started receiving calls from Portfolio Mgmt last year. Turns out she had an old TD Visa. Portfolio (now Activ) wants $7000 and seems to be charging 20+% interest.

Equifax said the date of last activity was October 2002. Our research with TD couldn't come up with anything & she said she cut up the card in 2001 before we were married. Since we were fairly certain that the debt was stat barred (we are in BC) on the advice of a bankrupcy counsellor we sent them a letter stating it is stat-barred and to cease collection. This was in back in February.

Here we are in December and the odd phone call and "special payment offer" letters keep coming. Nothing is listed on Equifax or Transunion anymore since we are now beyond 6 years even for their records.

Is there any way to get the calls & letters to stop? Reading other posts here indicates they have no legal way to collect and it is a nuisance.