by Blazin_Pete » Fri May 03, 2013 04:09:40 PM
So here's the scoop.. I want to know if I did the right thing, and if there are any repercussions from my actions..
First, I live in Ontario, and I got a call today from PIC, that I owe $600 on a TD account.. that was written off in 2010. I haven't had a TD credit card EVER, and I stopped using TD bank with $5.00 remaining when BNS offered me a student rate of $1.25/month for basic fees.
So anyway.. I tell the guy that I have zero idea (legit) what it is that he is talking about, and he tells me it's overdraft (something I have never, EVER had) and he keeps on telling me that he can send me information to refresh my memory.. and I tell him to go ahead.. and then he wants to confirm my address.. so I tell him that he should have it on file.
He tells me that he needs to confirm for privacy. So I tell him, 'buddy, you call me out of the blue, want $600 from me, and you have no idea where I live??'.
He replies with, 'sir, this is business, don't call me buddy'
I replied with, 'no, I run a business. You work in a call centre, give me your manager'
So he gets mad, tells me that she has no more information than I, and I tell him I don't care.. so he switches me over.. the first thing out of her mouth is, 'what's your address?'
Anyway.. So I ask her what her mailing address is, that I am going to be sending her a letter demanding information. She gives it to me, with no unit number. So I call back 20 minutes later, and I tell the girl that answered the phone that I am having counsel prepare a letter, and that I need a unit.. and she immediately starts getting defensive, and refuses to release that information to me, unless I provide information with who I am. Giving up, she finally yielded.
I checked equifax and transunion, and I don't have a single blemish - in fact, my credit score is 730!
I wasn't lying about the counsel thingm either - I did pass this to counsel (a friend) to draft a letter outlining a request of;
1. What the total assumed debt amount is
2. Detailed calculation as to how it was incurred
3. Provide a copy of the documented signatory evidence of my commitment to the obligation, with complete contract
4. Prove authority to collect on the assumed debt
5. Produce license to collect the assumed debt
6. Provide a copy of any judgement, if any
7. Identify the original creditor
8. Prove that statute of limitations has not expired.
With the addendum that if they can not satisfy any of these 8, they are to send me a release, and to make any and all correspondences written and through counsel, and that I expect those articles to be returned within 30 days.
My question to the forum is this -
Given all the steps I have taken above, is there any foreseeable crack in my defense that I should be aware of?
I honestly have no clue what money he is talking about, but would it have been better to front the money and move on? Avoid any phone calls, etc?
This alleged debt is at least 2 1/2 years old - does it apply to the 2 year statute, even if he keeps saying it isn't credit card debt?
If it is found to be statute barred, would that impact my credit score? What happens then?
This alleged debt is nowhere on my credit report.. but then again, neither is my mortgage.
Anyway..
Thoughts?
I've never been in this situation, so I'm a little pissed off and a little scared, to be honest.
Peter Stamatopoulos