Collection Agencies - Stats Barred - Canada

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RE: Stats Barred

Postby RichardC » Sat Jul 04, 2009 07:11:36 PM

I stand corrected, Ranzzz is right, limitations rules below for Ontario:

(10) Subsections (1), (2), (3), (6) and (7) do not apply unless the acknowledgment is in writing and signed by the person making it or the person’s agent. 2002, c. 24, Sched. B, s. 13 (10).
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RE: Stats Barred

Postby ranzzzz » Fri Jul 03, 2009 07:31:18 PM

recording over the phone DOES not reset DLA.

I've posted this before and according to Limtiation Acts 2002 Ontario, it has to be in writing and signed by the debtor in order to be valid in Ontario.
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RE: Stats Barred

Postby RichardC » Fri Jul 03, 2009 10:44:29 AM

Date of last activity (DLA) is the last date a payment was made or the last date you acknowledged the debt to the creditor. Acknowledgement could be in writing or verbally if the call is recorded.

Some creditors are very sneaky and will reset the DLA when you fill out a simple form you were not paying attention to.

For student loans, application for interest relief or a financial capacity assessment etc would be a simple example.

Creditors are very aware of the DLA and have steps built into their collection cycle to have you reset the clock as often as possible, whenever possible without you paying attention to it.
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RE: Stats Barred

Postby hooligansholiday » Fri Jul 03, 2009 04:45:24 AM

I did find out that it is 6 years here in Nova Scotia, but have read conflicting information about when the clock actually starts. Some say it starts from the last date of activity, others have said it begins when the loan goes into default. Is there a difference between CSL and Provincial? Does anyone know how this can be found out for sure without actually acknowledging the debt?
Thanks,
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RE: Stats Barred

Postby RichardC » Thu Jul 02, 2009 01:06:19 PM

I'm not familiar with NS but the limitation period in Canada varies from 2-6 years, that being said... collectors always threaten to sue, but rarely ever do.

Read this article for more info and insight on the threat of legal action..Collection agency legal action
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Stats Barred

Postby hooligansholiday » Thu Jul 02, 2009 11:46:27 AM

Hi,
I am wondering about the term "Stats Barred". I have student loans through RBC (i'm in Nova Scotia) that recently went to a collection agency. There have been no payments or contact with RBC since the middle of 2002. Does the 6 year clock begin with the last payment or activity on the account or does it start when the account goes into default. I am currently trying to work something out with the collection agency and of course they are threatening legal action if i don't pay in full...about $14000. It is and never was my intention to not pay this money back, but if I know they can't proceed with legal action at least I can continue to attempt to work something out on my terms.

Any insight would be hugely appreciated.
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