Nice letter. Any luck?

I've drafted a letter to send to iQor. I have omitted specific information for privacy. I am going to go through it again and try to directly quote the act where I can. Some sections cover several areas of an act so I will not be specific.

iQor Canada Limited
255 Consumers Road, Suite 130,
Toronto, On M2J 1R4

Phone: 1-877-503-2115

RE: (account #)

Dear iQor Canada Limited,

This letter is in response to information you reported to TransUnion Canada and Equifax Canada, concerning the collection of the above referenced account. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Collection Agencies Act, Consumer Reporting Act and Consumer Protection Act that your claim is disputed and validation is requested.

I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Acceptable evidence is listed below.

Please provide me with the following:
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with documentation to support the last date a payment was made on this account;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Provide a certified copy of the original contract;
• Provide a verification or copy of any judgment if applicable;
• Identify the original creditor;
• Prove the Statute of Limitations has not expired on this account;
• Show me that you are licensed to collect in my province;
• Provide me with your license numbers and Registered Agent.

As per the Consumer Protection Act, you must provide disclosure of the particulars of the transaction and provide a copy of the agreement. If your offices fail to provide the requested information within 30 days from the date of your receipt, I will assume that you cannot provide validation of this debt.

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Collection Agencies Act, Consumer Reporting Act, Consumer Protection Act and the Ontario Limitation Act so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with The Ontario Limitation Act 2002 and verified that the Statute of Limitations for enforcing this type of debt through the courts in Ontario has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired. In addition, we will summons a representative of Rogers Cable to produce some documentation bearing my signature, a bill indicating the charges, amount due and date of the last payment or acknowledgment.

At this time I will also inform you that your corporation has knowingly reported false information to Equifax and TransUnion. The ‘date opened’ your company reported to TransUnion as 11/01/2007 and ‘date of last payment’ reported to Equifax Canada as 2006-05 are false statements on my credit report. Pursuant to the Consumer Reporting Act 2009, No person shall knowingly supply false or misleading information to another who is engaged in making a consumer report. R.S.O. 1990, c. C.33, s. 22. Pursuant to the Consumer Protection Act, No person shall engage in an unfair practice. 2002, c. 30, Sched. A, s. 17 (1). This action might constitute fraud under Provincial Laws. Due to this fact, I require that these negative marks on my credit reports by your company or the company that you represent be acknowledged in writing to me and removed immediately.

The Ontario Limitations Act deems the alleged debt is subject to a two or six year limitation period in effect at the date of default, last payment or written acknowledgment. Your company has repeatedly refused to provide me with the original date of default and I have made no payments nor acknowledged the debt in writing. In fact, I was told the 2006-05 date was the date iQor likely acquired the debt (by D on March 23, 2010) and the 11/01/2007 date was when I contacted your company to inform you I do not owe this debt and to request documentation. At that time I was told by your representatives that they have no documentation on the original debt and I needed to contact the original company, Rogers Cable (restated by D on March 23, 2010). I did contact them, when I was first informed by your representatives, and was told there was no record of an account. When your company changed the dates on my credit report I once again contacted Rogers Cable and they launched a week long investigation, searching through all archived accounts. There was no record of the alleged account in their records.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the Collection Agencies Act, Consumer Reporting Act, Consumer Protection Act or Statute of Limitations Act. In addition I require that you acknowledge this information is erroneous, have all references to this account deleted and completely removed from my credit files. Pursuant to the Consumer Protection Act, If a supplier is required to disclose information under this Act, the disclosure must be clear, comprehensible and prominent. 2002, c. 30, Sched. A, s. 5 (1). If a supplier is required to deliver information to a consumer under this Act, the information must, in addition to satisfying the requirements in subsection (1), be delivered in a form in which it can be retained by the consumer. 2002, c. 30, Sched. A, s. 5 (2). I require a signed copy of said acknowledgment and deletion request be scanned and emailed to me at ****@*** immediately and an original signed copy be sent to me at the address noted in this letter. I am attempting to give your company an opportunity to resolve this but if this is not done within 14 days then I will notify the Consumer Protection Branch of your fraudulent activities and/or move forward with legal recourses available to me.

All future communications with me MUST be done in writing and sent to the address noted in this letter. Be advised that I consider any contact not in accordance with the Collection Agencies Act and Consumer Protection Act a serious violation of the law and will immediately report any violations to the Consumer Protection Branch and, if necessary, take whatever legal action is necessary to protect myself. Be advised that any violations of the Collection Agencies Act has a maximum sentence of two years less a day in jail for individuals and maximum fines are up to $50,000 for individuals and $250,000 for corporations.

Signature

Whatever you do, don't pay a cent. That will just cost you money and ensure that the item will remain on your credit report for years to come.

Write a letter to Rogers requesting more information about the debt. Send it via registered mail and check online to see that somebody signed for it.

Write another letter to both Transunion and Equifax detailing the situation and that you'd like an investigation into the matter completed promptly, include your SIN, copies of the front and back of your driver's license, your current address and birthday and send these via registered mail as well. This way you have a paper trail showing that you've attempted to get the matter resolved.

It takes a lot of patience but eventually you will see the problem fixed. You just have to keep persevering and realize that it takes months for things to get done... it's really ridiculous how such an important thing as credit reporting can be handled so poorly by those who administer it.

I pulled up my credit report about 3 years ago and noticed a delinquent account with Rogers Cable from several years earlier. I have no record of this account so contacted the collection agency regarding this. I did not acknowledge the debt and told them they needed to provide documentation to prove the debt. They said they did not and to contact Rogers. I contacted Rogers and they had no record of the account. They searched for a week and tried to blow me off. I finally confronted them and they said they had no record but that it was still owed because the collection agency said it was. WTF? The credit agency changed the date of last activity to when I contacted them, even though I totally did not acknowlege the debt. I did write to dispute with the credit reporting agency and got a letter back saying it was owed. I have yet to get any kind of documentation on what was owed and why. In fact Rogers told me all such documentation would have been purged. So now how do I get this off my otherwise perfect credit report? The SOL has run out from the first date and probably now from the changed date (2 years here in Ontario). If I write a new letter to the credit reporting agency are they required to completely remove it? If I can't do that, and as much as I hate giving in to extortion, if I just pay it will it be removed or will it just change the statue but still affect my score? Please help because I am so frustrated and just want to finally get a mortgage...