Collection Agencies - Recieved letter from CRS - Canada

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RE: Recieved letter from CRS

Postby HankBlank » Wed May 01, 2013 01:44:43 PM

You're a newbie? Mr. Barrie Ford himself - the man who's watched the Titanic 13 times.

I thought Steve Hodinnott would have chosen "The Terminated" as a more appropriate userid.

Any thoughts? Why yes, I do, but they keep getting censored.
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RE: Recieved letter from CRS

Postby TJ.brooks » Fri Apr 26, 2013 07:05:29 PM

Basic limitation period

4. Unless this Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered. 2002, c. 24, Sched. B, s. 4.

Discovery

5. (1) A claim is discovered on the earlier of,

(a) the day on which the person with the claim first knew,

(i) that the injury, loss or damage had occurred,

(ii) that the injury, loss or damage was caused by or contributed to by an act or omission,

(iii) that the act or omission was that of the person against whom the claim is made, and

(iv) that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it; and

(b) the day on which a reasonable person with the abilities and in the circumstances of the person with the claim first ought to have known of the matters referred to in clause (a). 2002, c. 24
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RE: Recieved letter from CRS

Postby TJ.brooks » Fri Apr 26, 2013 07:08:16 PM

You can be 99% certain they will not file a suit...they make their money by intimidation and taking advantage of peoples lack of knowledge of their rights.
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RE: Recieved letter from CRS

Postby TJ.brooks » Fri Apr 26, 2013 06:58:23 PM

No... you do not need a lawyer....you would simply explain to the judge that you believe this action can not proceed based on the SOL for Ontario. The act is clear...."no proceeding shall be commenced after the second anniversary of the discovery of a claim."
This debt was incurred in Ontario....right?
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RE: Recieved letter from CRS

Postby Jill1987 » Fri Apr 26, 2013 06:45:58 PM

So I wouldn't need a lawyer. Just go myself and state it's past the statue of limitations if that happened. These people are idiots I'm so glad I looked on the Internet. I had another place send me a letter from their do called lawyer in British Columbia
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RE: Recieved letter from CRS

Postby TJ.brooks » Fri Apr 26, 2013 06:39:58 PM

If you are served you must file defence and show in court or else they will win a default judgment.
To exercise your right to the Statute of Limitation defence you must attend and put forth this defence after filing your defence utilizing the SOL.
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RE: Recieved letter from CRS

Postby Jill1987 » Fri Apr 26, 2013 06:27:59 PM

So what if they do take me to court and I don't show. Do they win? They are so stupid and so rude when they call me at my work I just hang up on them now. Or pretend I'm not there
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RE: Recieved letter from CRS

Postby TJ.brooks » Fri Apr 26, 2013 06:25:05 PM

They bought this old debt for pennies on the dollar and are hoping to make a big return by assuming your foolish enough to take their offer. Do not do it.

If you feel morally obligated to pay....offer them a few hundred otherwise ignore.
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RE: Recieved letter from CRS

Postby TJ.brooks » Fri Apr 26, 2013 06:20:49 PM

Well they missed the boat.....they are too late by a few yrs to sue and win.
They can hound you forever but if you just ignore them they will go away....at least for a while. There is no money in hang up calls.
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RE: Recieved letter from CRS

Postby Jill1987 » Fri Apr 26, 2013 04:40:06 PM

My credit report says last payment 2008. It falls off my report next year. It's Canadian tire MasterCard. They say with interest I owe 4700. If I make a lump sum payment they will reduce it to 1900$ they have been calling me at work I've been telling them not to. From what I read online they have to send a letter to me before they call which they never have. Today was the first letter I received. They somehow got my new address the reviewed my credit report on April 19 so I'm assuming that's how they got it
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