Thanks guys.

Burlington is a bit of a hike for us (nearer Barrie) but I've got the forms for both sites and last night picked up some I.D. from my son so we'll get them off soon. I hope the fact that we'll be supplying his current address doesn't set off alarm bells with a collection agency as we're just not positive when/if we've crossed that 7 year deadline.

Footloose is absolutely correct.

If you are local to Trans Union's office in Burlington, Ontario, you can visit them in person and receive your credit bureau immediately by showing identification.

If you dispute an item on the credit bureau, be sure to respond to Trans Union/Equifax via registered letter outlining your dispute -- they are under an obligation to research any disputed debt. Then follow up and re-acquire your credit bureau 30 days later.

You should always request credit reports from both Equifax and Trans Union. On the surface, it would appear to be a waste of time but in the vast majority of cases, both credit reports will be different, not only from the content of the report but also the credit score. You see, some creditors and collection agencies only report to one credit reporting agency while others report to both agencies.

I would request a Consumer Disclosure Report from both credit bureaus. You can download the request forms from their websites, complete the forms, include 2 pieces of identification as requested, and mail them to both credit bureaus. Your total cost will be a postage stamp and you will receive a Report within 3 - 4 weeks by Her Majesty's Royal Mail. After you receive them, examine them carefully. If you have any questions regarding the content or anything that you don't understand, report back on this forum.

----------------------------------------------------------------------------------------------------------
Educating one Consumer at a time

Thanks again for your input ... very helpful.

Just one more thing ... (as Columbo always said) ... Is there any point in paying to see both credit agency reports? Are they collecting different data?

I know he's nervous about talking to any CA as they may just start harassing him for more than he can cope with. He's working and solvent but barely so.

The credit reports will tell you if the debt is still on the reports and what date the date of last activity is. If it is after the last payment, then you need to correct that (have the collection agency correct it and contact the credit reporting agency of the error). Your son must make sure that the collection agencies have not unlawfully altered the dates as they often do, thus keeping it on the credit report for longer than the statutory 7 years (Equifax, I believe, drops derogatory reporting after 6 years of date of last activity; Transunion either does the same or allows it for the full 7 years according to the law - I have to confirm this, though).

If your son is not aware as to which collection agency has the file, I think the credit report will also tell you that in the tradeline. Footloose, another member on here, is extremely knowledgeable on tradelines (I admit to being very confused between tradelines and reporting lines - hopefully footloose will come on here and explain).

The collection agency has very little bargaining power at this time. The truth of the matter is that this debt is past the statute of limitations and they cannot sue (well, not without your son filing a successful defense that it is stat barred debt), and the debt is so close to falling off his report. Once it falls off, it is never to be seen again - water over the bridge - gone forever.

The collection agency can forever try to collect. So if your son wishes to settle, he very well can settle for less than 100 cents on the dollar. Indeed I've heard of .10 cents on the dollar.

Thanks for your input on this.

We're not sure how to preceed as he isn't sure who is handling the debt at present. The last real correspondence was such a long time ago (Noel Daley) and we're not sure if D&A are now handling the debt ... would they exchange clients like that?

We're surmising D&A are on the trail since because of the phone calls.

We'll follow up on the credit reports. What will that possibly tell us?

Thanks for clarifying. The debt is way past the SOL. It is also either nearing or already at the point of falling off your son's credit report.

How he proceeds is completely up to him at this point. He could try to settle for 10-15% of the original debt, but he must get a settlement letter signed by the agency detailing their acceptance of that amount before paying. That is imperative. He could choose not to pay it and it will be off his credit report within the next 18 months, but they can always try to collect with calls, and hard inquiries on his credit report. He should get copies of his credit report from Equifax and Transunion to take a look at the entries.

Hi Marquisse

The debt was just over $10k on a Visa with Royal Bank,

He says no payments have ever been made on this debt since that first letter in 2005.

The draft (back in 2005) came from a different firm so I guess the practice wasn't limited to Natale.

As far as we know no judgements were ever issued from court and it may never have gone to court. Hard to tell.

In reading other cases here it would appear the bank will have sent this debt to a CA so they wouldn't be interested in talking to him?

Thanks for your input.

What is the debt for? Was there a judgment in court?

At first glance without further information, this looks like a debt that is well past the statute and therefore the creditor can't sue (can't doesn't mean they wouldn't try and hope the debtor would not even show and they obtain a default judgment, but that's another story). It also appears to be old enough to be close to, or already has been, removed from your son's credit report.

But more information on the debt itself and whether or not he made recent payments (after November 2005 when the first letter/draft court papers from none other than Deanna Natale I'm sure) is required.

Great to have found this site.

I'm writing on behalf of my youngest son (yes, really) who has been dealing with "health issues" for many years and as a result has not worked for several years/been homeless etc. At various times he'd have a residence and a collection agency was able to find him and send letters.

The first, dated Nov 1 2005, is a "draft" letter showing a request for a court date with Ont. Superior Court of Justice ... a veiled threat I suppose. Nothing else till another in Oct 2008 offering to let him settle for about $6k.

Needless to say, with his problems, he ignored them.

Two years ago he moved home with us for a year or so (bad mistake) and that connection is probably what tipped off a few calls to our home recently from a D & A Corp. asking for someone (wrong name given). I've since found that they are a collection agency. We never replied to those calls.

Now he's getting back on his feet and has a steady job and is in a position to address his debts.

We're wondering what direction he should take.

1: Should he go to the Royal Bank and offer to set up a repayment plan?

2: Will contacting D & A give him a chance to rectify things or make things worse?

3: Is this debt still collectable? i.e. has the SOL passed on it?

Appreciate any advice you can provide.