Collection Agencies - stat barred debt? - Canada

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RE: stat barred debt?

Postby Buttons » Sun Apr 17, 2011 05:55:33 AM

When I was in your situation, a few years back, I sent a registered letter to the collector stating that I disputed their claim and suggested that the matter be taken to court for resolution. They will not take you to court because the debt is stats barred and they would lose. Once you have requested that the matter be settled by the courts they CANNOT contact you at all.
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RE: stat barred debt?

Postby beingharassed » Sat Apr 16, 2011 08:00:06 AM

if you sent a cease and desist letter in writing would that reset the limitation period?
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RE: stat barred debt?

Postby Ottawa_Chap » Mon May 24, 2010 08:50:17 AM

According to Ontario law, the acknowledgement has to be in writting to reset the limitation period. See pervious quoted examples and follow the earlier link to read the whole act for Ontario.
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RE: stat barred debt?

Postby bullring » Sun May 23, 2010 04:58:54 PM

Is there ANYTHING you could say over the phone to restart the SOL?
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RE: stat barred debt?

Postby zxsixxx » Sun May 23, 2010 11:53:39 AM

I didn't see that part thanks.

Ok, I have never acknowledged the debt, It defaulted 2004-09.

I found out that I have to have Equifax investigate this claim to get it off of my credit report.

I saw Equifax's Consumer Credit Report Update Form webpage -https://www.econsumer.equifax.ca/ca/view/common/dispute_process.jsp -, it has Discharged, Released, Dismissed among the reasons for investigations. Which does my case fall under?

Thanks for the help. I've become knowledgeable about the whole situation literally over night!!!
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RE: stat barred debt?

Postby Ottawa_Chap » Sun May 23, 2010 11:35:32 AM

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).

(11) In the case of a claim for payment of a liquidated sum, part payment of the sum by the person against whom the claim is made or by the person’s agent has the same effect as the acknowledgment referred to in subsection (10). 2002, c. 24, Sched. B, s. 13 (11).

I/E: Write a letter indicating that you will structure a payment arrangement in a particular fashion, and you've just acknowledged the debt. Make any payment towards your debt, and you've just reset the limitation period because that payment acts as an acknowledgement of the debt.
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RE: stat barred debt?

Postby zxsixxx » Sat May 22, 2010 03:56:13 PM

Actually, it says on my bureau report that it was reported it to equifax in 2007.

Chapter 13 "Acknowledgement" of the act -I'm not sure of how to cite legal text- says they can proceed against you if you acknowledge the debt.

1. Now what qualifies as acknowledgement?
2. What if I do not acknowledge the debt how do I go about getting it off of my credit report? Any and all help is MUCH appreciated.

Thanks.
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RE: stat barred debt?

Postby Ottawa_Chap » Sat May 22, 2010 01:16:56 PM

Here's a couple of nuggets to get you started:

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_02l24_e.htm

Ontario - The Ontario Limitation Act 2002 , came into force on January 1, 2004. It sets two years as the term (Section 4). This limitation will be reinstated where the debtor acknowledges the debt or makes a partial payment towards repayment of his debt. If the default occurred prior to January 1, 2004, the creditor will continue to have 6 years to pursue the claim. However, if the default occurred after January 1, 2004 then the 2-year rule applies.
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stat barred debt?

Postby zxsixxx » Sat May 22, 2010 12:26:19 PM

I have a student loan from 2002. I'm not sure of when it went into collections. What qualifies as a stat barred debt? Can anyone point me to any further reading? I'm googling in the mean time.
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