Well, expired or ones that are outstanding, i have cleared about 15-17000, off my credit report but mind you i was calling transunion and equifax like 3x a day checking my report and watching the activity. Any collection agency who is trying to collect has no CONTRACT WITH YOU IN YOUR NAME PERIOD. So with that said the simple letter requesting proof of debt to their company with a contract in its original form to be sent notarized certified true copy. If they can send one of those babies settle up, your thinking but i do not have the money to settle up, tell them you do, its poker, so have your best face on, because seeing they do not have a contract signed showing you OWE tHeM, THEY HAVE NO CASE.....they can now be sued for racketeering, collusion and malversation as well do not forget defamation of character by reporting a unverified claim. So make sure you keep track of letters sent and give them 20days to reply or they full agree there is no debt.

anyone in need of help email cameronup at gmail dot com, i wrote it out like this in case this forum doesnt allow for emails, cameronups@gmail.com

My bankruptcy Trustee says they can be, but I have many acquaintances who are debt collectors and they say they have never seen it done. My debts disappeared after 6 years so it is my experience that they are not relisted. Technically speaking, someone could pay $1on your debt in your name on the last day of the 6th year and that debt would remain on your bureau for another 6 years.

The Courts of Justice Act (Ontario) states that the "Small Claims Court is continued as a branch of the Superior Court of Justice …". Recently, the Divisional Court held that the legislation "establishes the Small Claims Court as the Superior Court within the meaning of the Trade-marks Act. Likewise this may apply to any Act of Legislation, whereby the meaning of the Act establishes the Small Claims Court as a Superior Court. So you may now be able to sue for equitable relief in small claims court.
I don't believe collection agencies report to the credit bureau. It is the creditor that reports to the credit bureau. So sue the creditor or sue the credit bureau. After all, the credit bureau actually publishes its ratings -- they are not published by a third party like a comment on a blog, therefore they likely can be held accountable for the accuracy of their information.

Thanks for the reply Footloose.

When a creditor sues a debtor in Small Claims Court, it is for a specified amount of money. For example, if I loan you $3,000 to be repaid in one year and at the end of the year you do not repay the $3,000 for whatever reason, I can then bring an action against you by suing you for $3,000 in Small Claims Court. If I am successful, I will receive a judgement for $3,000 awarded to me by the court. Once I receive this judgement, I can now do several things with it. I can apply to the Court for a garnishment order to have your wages garnished. I can also apply to the Court to have your bank account(s) seized if I know which bank branch holds your bank account(s). I can further apply to have a Writ of Seizure issued to place a lien on your house, car, motorhome, etc. There are certain limits and exemptions here which I will not discuss at this time.

However, If I am suing a creditor or collection agency or debt buyer or a credit bureau, why am I suing them? It is not for a sum of money because they do not owe me any money. I am suing them to get an order from the court to amend, correct or delete an entry or entries on my credit report that I believe are incorrect. In law, this is referred to as an order for EQUITABLE RELIEF. Pursuant to Subsection 96(3) of the Courts of Justuce Act, only the Superior Court of Justice and the Ontario Court of Appeal can issue an order for equitable relief. While the Small Claims Court is a division of the Superior Court of Justice, Subsection 96(3) does not provide any authority to the Small Claims Court to grant equitable relief. What this means is if you want to start an action against a creditor, collection agency, debt buyer or credit bureau for errors that allegedly appear on your credit report, that action must commence in the Superior Court of Justice.

Go to my blog on the FORUM ---- Canadian Credit Repair ---- Correcting Credit Report Errors ---- Virtually Impossible

This will provide you with some background as to what goes on behind the scene.

Good Luck and have a GREAT DAY

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That's what I thought, thank you.

Footloose if by suing in small claims court you might get some money, and enough people did it, it might cause Equafax to change. What do you think?

Footloose if by suing in small claims court you might get some money, and enough people did it, it might cause Equafax to change. What do you think?

Once a debt is removed from your credit report due to the 6 year limitation, it cannot be relisted by any collection agency. However, the story doesn't end there. Even though the debt does not appear on your credit report does not prevent the collection agency or maybe a future debt buyer from pursuing you for the debt, even if the debt is statute-barred. While the collection agency cannot take legal action in a court of law, there is no time limit imposed by law to prevent collection of this debt.

A tactic used by some collection agencies and debt buyers who are dealing with a statute-barred debt and an unwilling or uncooperative debtor is to make frequent hard inquiries on your credit record [which is contrary to both Equifax's and Trans Union's stated policies] in an attempt to "blackmail" the debtor to settle the debt. This will drive down your credit score and cause you problems. My experience with both Equifax and Trans Union is that they know what is happening but choose to do nothing about it. In order to prevent this from happening, you will have to initiate legal action by suing a credit bureau in the Superior Court of Justice [very expensive and time consuming]. You can sue them in the Small Claims Court but that is a waste of time because pursuant to Subsection 96(3) of the Courts of Justice Act, the Small Claims Court cannot order "equitable relief". This means that the judge in the Small Claims Court does not have the legal authority to issue an order requiring a credit bureau to amend, change or delete information in a credit report.

Good Luck and have a GREAT DAY

Hello,

I live in Ontario. I have a collection agency calling me about an account that has been expired and removed from my credit report more than a year ago. I understand once a debt has been listed on your credit report and has been removed after being there the full 6 years, it cannot be re-listed, is this true? Or can any old collection agency re list old, expired debts