If your guarantor wants to pay it you should. I believe in paying my debts always but I would rather burn twice as much money than be strong armed into paying a debt that was illegitimate. When you involve a guarantor though you lose the privilege of standing on principle. They did you a favor and not now matter how bitter it is you have to go along with their wishes.

Ottawa, thanks for calling my attention to this. The main dillema I'm having now is that my guarantor is insisting that we pay this debt. He is worried about his credit rating and will not listen to reason. If anyone has any ideas of how I might be able to convince them, I am all ears. But, I am most likely going to be stuck paying a debt that I do not owe.

Have a look at the Ontatio Limitations Act, 2002 ... SOL renewal doesn't happen unless the debts are acknowledged in writting. This topic has been discussed many times on this site.

S.O. 2002, CHAPTER 24
Schedule B

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_02l24_e.htm

Acknowledgments

13. (1) If a person acknowledges liability in respect of a claim for payment of a liquidated sum, the recovery of personal property, the enforcement of a charge on personal property or relief from enforcement of a charge on personal property, the act or omission on which the claim is based shall be deemed to have taken place on the day on which the acknowledgment was made. 2002, c. 24, Sched. B, s. 13 (1).

(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).

=> UNLESS <=

(11) In the case of a claim for payment of a liquidated sum, part payment of the sum by the person against whom the claim is made or by the person’s agent has the same effect as the acknowledgment referred to in subsection (10). 2002, c. 24, Sched. B, s. 13 (11).

One other question:

You said "They can and will put the amount on your credit, so I would suggest you do a report to see if anything went on there within the past 2 years. You can dispute that."

But if they don't challenge it in court, how do I prove to Transunion that their claims are unfounded? Or, is that up to the creditor?

Thank again, it's about $900. I'm pretty sure I will go forward with your suggestions

Yes, he may have acknowledged the debt then and of course they will run with it. Can I ask the amount in which they are claiming?

I would not even bother with them other than to dispute it in writing, via registered letter, and tell them that you suggest they take it to court. Tell them to cease and desist contacting you in any manner save for written form, and only then to provide you with validation of the debt or to properly serve you in accordance with the Rules of Civil Procedure. Depending on how much it is, they probably won't sue. Finally, go to Equifax and Transunion and pull your report to see if any detrimental info is there pertaining to this. If there is, issue a formal dispute process with the credit reporting agency.

I like your style, Marquisse. Thanks a lot

He didn't do it in writing, he telephoned them. I think he may have left an answering machine message, but oh well, what's done is done there.

Yes, if he is the guarantor, then he may have re-started the SoL. At least, that is the position the LL and the C/A will take. Did he do that in writing?

Send a dispute to the C/A and request all documentation verifying the debt. Tell them to cease and desist from contacting you in any other way but via Canada Post.

Hi, thanks for the quick reply!

If I'm disputing it, do I send a letter to the landlord or the C/A ?

Statute of limitations should be over in a month or two. However, I have a Q about that. They contacted my rent guarentor and he foolishly contacted them before me and said that he would make a payment. Does that restart the statute of limitations?

Hi there,

I am on this site looking for some answers as well, but I am in the rental property industry and have some knowledge of it and how it works. Firstly, yes, a collection agency can try to go after defaulted/prior tenants for non-payment of rent or damages to apartment. How long ago did you begin getting letters from the Landlord and/or the collection agency pertaining to this claim? Secondly, you can dispute the claim because, ultimately, the Landlord will have to take you to court and prove damages. They can and will put the amount on your credit, so I would suggest you do a report to see if anything went on there within the past 2 years. You can dispute that.

I worked for very shady landlords who did this to every tenant who even painted a room a darker colour. It was criminal the way they just went after people. They do expect the average Tenant to not know about their rights, so if you educate yourself you are already ahead of them. Realisitically, they would have to provide photos of the damage, and prove that the damages were above and beyond reasonable wear and tear. They would have to show that they sent you letters demanding repayment as well.

So, have you sent them a registered letter disputing the claim and suggesting the matter be taken to court? When is the Statute of Limitations over?