Canadian Credit Repair - Advise please: Contacted by a collection agency about a 20 year old Credit Card - Canada

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RE: Advise please: Contacted by a collection agency about a 20 year old Credit Card

Postby TJ.brooks » Thu Feb 06, 2014 12:23:51 PM

Yes it will cost a bundle to appeal....it will also cost them a bundle if they lose this dirty trick from their bags of tricks they use to try and intimidate people into making payments.
Which presently they can still legally do in the rest of Canada.
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RE: Advise please: Contacted by a collection agency about a 20 year old Credit Card

Postby HonestAbe » Thu Feb 06, 2014 11:41:58 AM


@TJ. brooks: I know it's Nova Scotia. I've discussed the provincial vs. national reporting issue umpteen times, which I'm sure no one read.

I was only making a comment which, while speculative, will probably come true since credit bureaus generally follow homogeneous policies across the country. I also doubt TransUnion will try to appeal the BC decision; it would cost them a bundle up front.

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RE: Advise please: Contacted by a collection agency about a 20 year old Credit Card

Postby TJ.brooks » Thu Feb 06, 2014 06:53:05 AM

I understand that....do not get me wrong I agree with the court....but the option is still available for them to try. They may be granted it they may not the fact is they can try.
In any event the ruling carries no weight in any other province until such time as those other provinces change the rules or their courts rule on it as in BC.
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RE: Advise please: Contacted by a collection agency about a 20 year old Credit Card

Postby macie43 » Thu Feb 06, 2014 06:48:19 AM

Should they decide to appeal....chances are the courts order will be stayed until such time as the appeal is dealt with....again...years down the road.

They have to be given leave to appeal. An appeal is not always available.
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RE: Advise please: Contacted by a collection agency about a 20 year old Credit Card

Postby TJ.brooks » Thu Feb 06, 2014 06:45:08 AM

Should they decide to appeal....chances are the courts order will be stayed until such time as the appeal is dealt with....again...years down the road. Look how long this one took.
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RE: Advise please: Contacted by a collection agency about a 20 year old Credit Card

Postby macie43 » Thu Feb 06, 2014 06:41:01 AM

https://pbs.twimg.com/media/BfvHgWrIcAAiOy-.png
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RE: Advise please: Contacted by a collection agency about a 20 year old Credit Card

Postby TJ.brooks » Thu Feb 06, 2014 06:34:17 AM

Unless TU decides to adopt that ruling in every province....it will be years before that ruling is dealt with in each individual provincial court.
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RE: Advise please: Contacted by a collection agency about a 20 year old Credit Card

Postby TJ.brooks » Thu Feb 06, 2014 06:39:44 AM

I thought the question came from NS.
The fact that a BC court makes a ruling does not translate to that ruling being applied across the country.
I would not argue it would be prudent for them to change their policy in every province but as of now they do not have to.

Like you said we are not even 100 percent sure they will comply in BC.
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RE: Advise please: Contacted by a collection agency about a 20 year old Credit Card

Postby HonestAbe » Thu Feb 06, 2014 06:15:27 AM

Not really TJ. The whole point of the BC Supreme Court verdict of Jan. 17, 2014 was that credit bureaus couldn't continue to allow collection agencies to abuse hard inquiries after 6 years because they also constituted negative reporting information. Hopefully, that decision will extend to the other provinces shortly too, though TransUnion's legal department has been evasive as late as this week regarding their intended compliance.

http://www.consumerprotectionbc.ca/other-business-news/1187-bc-supreme-court-confirms-consumer-information-must-be-removed-from-credit-reports-after-6-years

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RE: Advise please: Contacted by a collection agency about a 20 year old Credit Card

Postby TJ.brooks » Thu Feb 06, 2014 05:27:59 AM

It will only be on report for the 6 years from the time it was first reported.
However as of now the collection agency can still make enquiries which can appear.
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