Debt Settlement - CCL Financial - Notice of Authority to File Suit - Canada

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RE: CCL Financial - Notice of Authority to File Suit

Postby huyshe19 » Thu Jul 25, 2013 10:32:02 AM

Again, thank you TJ Brooks!

I'm sure I'll have more questions later on, I very much appreciate all your advice and knowledge!
huyshe19
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RE: CCL Financial - Notice of Authority to File Suit

Postby TJ.brooks » Wed Jul 24, 2013 01:16:56 PM

No.....do not give them a heads up. Would not be first time dates get changed.
They are just blowin smoke and if they do file you have an affirmative defence....the SOL.
Regardless if it has passed they can still file.
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RE: CCL Financial - Notice of Authority to File Suit

Postby huyshe19 » Wed Jul 24, 2013 11:14:23 AM

Ok, I haven't settled this yet, just because I don't have the money to deal with it. Now I got a phone call message from the "Office of Darren Levi" *spelling, it's an automated message informing me that I need to call them or else they will commence a civic suit.

Should I call them and inform them that they cannot file suit as it has passed the SOL?

Thanks
huyshe19
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RE: CCL Financial - Notice of Authority to File Suit

Postby TJ.brooks » Wed Mar 20, 2013 10:00:19 AM

20 %....leave room for negotiation.

Just be sure all is in writing including that what ever balance is left can not be sold or re assigned for collections by them,otherwise it will just start all over again.
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RE: CCL Financial - Notice of Authority to File Suit

Postby huyshe19 » Wed Mar 20, 2013 09:44:26 AM

I'll definitely keep an eye on my mail and my reports until I can come up with the money to settle this.

But at this time, if I wanted to make the settlement, where would a good start be at?

How much should I start to offer on the dollar?
huyshe19
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RE: CCL Financial - Notice of Authority to File Suit

Postby TJ.brooks » Wed Mar 20, 2013 07:28:00 AM

As far as them starting a lawsuit....it makes no difference if the SOL has passed. They could file 10 years from now. It is up to you to raise the Affirmative defence that the lawsuit can not go forth and succeed due to the SOL.
It has been a common practice for them to lie and say they have served you the statement of claim and then win by default when you do not show in court.
Until this is resolved you must be vigilant to ensure they have not won a default judgment and if they have immeadiately notify the courts.
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RE: CCL Financial - Notice of Authority to File Suit

Postby huyshe19 » Wed Mar 20, 2013 06:07:44 AM

Thank you HankBlank for your reply, much appreciated.

Now, like I said in my post that I do want to get this resolved and make a settlement so that I can get them to stop with the letters and calls. However, I cannot pay $5800 in full, what do you think I should do?

Also, I've read many posts on here regarding collection agencies putting through a default judgement without even sending out the notice to people. I will be checking my credit report periodically to make sure that nothing funny goes on. But what IF they do put forth one and don't send me a notice. How long do I have to say to them "hey! It's passed the statue of limitations, you can't serve me a judgement"? And what should I do if I were to see one in my credit report?

Again, thank you for your help.
huyshe19
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RE: CCL Financial - Notice of Authority to File Suit

Postby HankBlank » Tue Mar 19, 2013 05:23:29 PM

The debt passed its statute of limitation period 2 years after you made your last payment. Nothing you can do will revive it. CCL is bullshitting you. A lot of that goes on in this forum, an awful lot.
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CCL Financial - Notice of Authority to File Suit

Postby huyshe19 » Tue Mar 19, 2013 04:51:16 PM

Hello all,

This is my first time posting on here and I need some advice regarding my situation. I just recently got a letter in the mail from CCL Financial stating that a Notice of Authority to File suit for a debt from a HBC MasterCard. This CC debt was incurred due to my ignorance of my youth. They are currently asking me to pay in full $5800 by Mar 23, 2012 or else.

History of this, I check my Equifax and TransUnion Credit Report and my last date of payment for this was stated as 2010-01 on my Equifax Credit Report, however nothing staying last date of activity on my TransUnion report. Does that mean that this Debt's SOL has expired? Also, I went through my files and a letter regarding this specific account was SOLD to CCL Financial June of 2012.

I intend to make a settlement with CCL Financial, but just at this moment it is not a feasible, I do not have $5800 to pay in full. I was going to call them and see if I can negotiate a settlement, but I spent the night reading and reading these forums and wanted to get some advice from others on here who has gone through this, or have some advice for me? I do not have any assets under my name at all.

Any comments are much appreciated.

Thanks
huyshe19
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