So basically after the SOL has taken place; a C/A can continue to "ping" your file for 6 years. Is this some sort of tactic done so the person will pay on the account? I believe the SOL changed to 2 years from 6 years...is that correct?

I'm trying to find the post I saw it in originally...

"There's a bad misconception the Statute of Limitations can be "restarted" with a payment, AFTER the 2 year limit (in Ontario) has expired.

In fact, the Limitations Act clearly states it can not. Once the 2 years has passed, the limitation CAN NOT be opened again by a payment, and certainly not by writing a letter.
"

OCCA.CA are you referring to (or ??):

Ontario Regulation 103/06

http://www.e-laws.gov.on.ca/html/source/regs/english/2006/elaws_src_regs_r06103_e.htm

I pulled the following from an earlier act (2002) I had found - though it doesn't explicitly discuss re-setting once the limitation period has passed, and no time tonight to re-read 103/06:

Per: Limitations Act, 2002 / S.O. 2002, CHAPTER 24 / Schedule B

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).

" I don't want C/As on my credit report past 2 years of SOL, and I certainly don't want people I am not applying for credit for pinging my personal credit information. It is a violation, based on the limited knowledge I have right now on the issue. "

You may not want ill-marks on your bureau files after 2 years, but the fact is they can remain on there for up to 6 yrs. The creditor or its agencies can continue to check your financial status for up to 6yrs as well. The only thing that 2yrs limitation is doing is [helping] protecting you from the creditor obtaining a judgement in court.

Hello everyone...

There's a bad misconception the Statute of Limitations can be "restarted" with a payment, AFTER the 2 year limit (in Ontario) has expired.

In fact, the Limitations Act clearly states it can not. Once the 2 years has passed, the limitation CAN NOT be opened again by a payment, and certainly not by writing a letter.

I'd be happy to explain more off-line; no sense letting the Collection Agency people "creep" this string for information! :)

You contact me at info@occa.ca

Cheers!

Good day, I have another question...since the representative at Aktiv claims they cannot provide statements detailing how much she owes(admitted in writing). How in dickens are they able to come up with some crazy amount? We're waiting to see if they've put it back on Equifax with a new date, since that was removed in December. Trans Union should be falling off shortly...so let's see if they back date it again.

We're keeping copies of the previous credit reports, just in case it finds it's way on the credit reporting file again. Any suggestions or help would be greatly appreciated.
Thanks

Thanks so much for replying again. I'm sure stuff like this happens to people all the time. But because they're afraid or frustrated they get taken advantage of. It's a sick circle...but getting those "pings" of the credit reports won't be easy.

That, I believe, is not an acknowledgement of owing the debt. I believe it's a assertion that the debt is not owed.

I'd like to hear others' opinions on this, though. I'm also very unsure about what it means when agencies keep pinging a credit report as a means to keep it alive past the SOL and past the 6 years. I'd like to know exactly what that means to the credit report, as I don't think they can still revive the debt, and the debt should have already fallen off her credit report given that it is older than 6 years since last activity. I'll reserve my opinion, however, until we hear from one of the many others on here who can provide the both of us with some insight as to how this works. If they are reviving her debt with false dates of activity, I believe that's illegal. If they are pinging her report and that is causing her credit to look bad, I wonder if there is something that can be done. I've had this happen to me too but am not clear on what can be done to stop it.

Sorry I can't be of more help. AverageJoe, Richard C, MontyLoree, and others are extremely knowedgeable on this stuff. I might even email one of them privately about this thread, because having an C/A ping credit reports with impunity should not be allowed. Or maybe there is a reason (like the fact that most of our contracts for credit let them do so, but in perpetuity? Hmmmm) they can do so. I don't want C/As on my credit report past 2 years of SOL, and I certainly don't want people I am not applying for credit for pinging my personal credit information. It is a violation, based on the limited knowledge I have right now on the issue.

Hi Marquisse,

Thanks so much for your reply. I think it's too late...I believe her correspondence indicated that it was paid by the credit card insurance. So, I believe in that statement, she's acknowledged it was owed. I believe she has the last statement from the CC company with the last balance. It clearly shows what Aktiv is claiming is rubbish.

They've been hitting her credit reports with inquiries using Aktiv Kapital and Portfolio Management. She's been struggling to start over and would like to have a clean credit report. This doesn't help.

She's at her wits end..and wants to call a lawyer to handle it. Maybe they'll settle?

Hi Marlina,

The SOL is 2 years in Ontario and if it's been 9 years or there about since your cousin last made a payment or acknowledged the debt, then Acktiv can do nothing but try to get the money. They have no legal recourse unless she, in writing, admits that she owed the money (whereby the SOL restarts regardless of how old the account is).

I've heard of cases where they tried to get a default judgment even if they were stats barred because people think that, because it's stats barred, the courts will automatically throw out the claim. Not true. You still have to respond and take action if they try to use this tactic and in the statement of defense, put that the debt they are claiming is stats barred. Case closed!

My advice is to tell your cousin to ignore their threats and tactics (except if she gets served, and then she has to respond within the prescribed time with a defense or else they may get a default judgment regardless of whether or not it's stats barred and only because your cousin didn't defend herself to tell the court "hey, this is stats barred, they don't have any legal right to this claim"), tell them to pound sand, and send them a letter with a cease and desist from contacting her. Make sure she does not acknowledge the debt as ever being owed.

Good day,

My cousin was in a terrible car accident in 1999 and as a result, unable to work for 2 years. Her payments became irregular due to inability to work. After sending the forms to the insurance company to make the payments(Credit card protection insurance) It was denied because the forms were sent too late. By this time the perfect R1 payment had dropped. The balance was around $3K at this time.

The last payment made on the card was around June 2001 for $600.00. She also wrote a letter to the credit card company requesting they accept a payment option of $100/month. They refused the proposal and no further correspondences were received.

Last year she received a letter from Portfolio Management(now Aktiv Kapital) claiming she owes almost $15K!

After sending a letter to Lori Roberts requesting proof, she received a letter from someone else saying Lori was no longer with the firm. With this letter, they clearly indicated that National Bank was unable to provide statements, but they sent a copy of the letter she sent with the proposal dated August 2001 and a reply from National Bank dated October 2001. She never received this reply letter from National Bank.

No money has been paid on this account since 2001. She denies owing the money...because she spoke to a CSR at National Bank and they "claimed" the account was paid in full.

Is there anyone available to suggest a course of action for her. It's terrible to know an account that I believe is now in the SOL phase is coming up at this time. Should she offer a "payment offer"?...It's clear they're not willing to drop this.

Thank you,
Marlina