Here's the link to the entire Business Practices and Consumer Protection Act ...I believe this is a federal document and not just provincial.

http://www.bclaws.ca/EPLibraries/bclaws_new/document/LOC/freeside/--%20B%20--/Business%20Practices%20and%20Consumer%20Protection%20Act%20SBC%202004%20c.%202/00_Act/04002_00.htm

Ditto on the comment below by TJBrooks -- be careful about these so-called specialists. Most of them are also in the business of making money off of your debt. In a nutshell, everyone is out to get your money. And they'll get it, if you fall for their tactics.

You can settle your debt through a credit counseling agency, but you'll want to make sure they are not-for-profit. At the very least, if you want to settle the account by paying a percentage -- which many collection agencies will agree to if the number if acceptable to them -- understand the effect it'll have on your credit report. If I remember correctly, once you settle the account for a percentage of the total debt, a mark goes on your credit report for an extra three years from the date you paid the account, with a memo that denotes the account wasn't paid in full. That said, if you paid the account off today, the account will remain on your credit history until November 2014.

If you don't plan on paying off the account and the statute of limitations has passed (meaning they can't legally sue you for the amount due anymore), your best option may be to just ignore them and let the account fall off in 2012. Like TJ said, the account will fall off your credit report after 6 years.

DO NOT GIVE THEM A GOOD FAITH PAYMENT. AccckkkKK, EeeKK, ErrrRRGG...what a bunch of bologne. They'll call it whatever they want to get you to trip up. It is your legal right to get all the confirmation you are seeking, and to have a repayment plan outlined IN WRITING and signed by the collection agency. If you aren't worried about paying it and the phone calls are bugging you, send them a letter telling them that from hence forward, you request that they only communicate with you in writing. The will be legally obliged to stop calling. But sent the request in writing via registered mail so that you have proof. Also keep a copy of the letter you sent them. If they continue to call once they receive your request in writing, you can actually turn around and sue them for breaching the Act.

Section 116 (4) (a) of the Business Practices and Consumer Protection Act, states “A collector must not continue to communicate with a debtor (a) except in writing, if the debtor (i) has notified the collector to communicate in writing only, and (ii) has provided a mailing address at which the debtor may be contacted.

Also...be wary of these so called specialists as they will charge quite a high fee...usually a percentage of the debt to do what you could do yourself for nothing armed with th proper supplied info.
The idea is to reduce your debt through negotiations....not take on more through fees.

I would suggest you propose nothing until you have been provided the info requested.
As far as the credit bureau....if you are correct about last payment being made in 2006 it will automatically be coming off on 2012...and it will be as though the debt never existed to anyone checking your report.

Thanks so much for your replies to my questions to both of you!

It gets interesting as they are refusing to provide me information regarding the account and intimidating me into providing them with a good faith payment which I refuse to do unless I have documentation.

I've stated that I will only deal with this situation if it is in writing and proceed in that way as they try to bring emotions into it and I refuse to do that. I can't believe the tactics they are taking to try and force me to do something.

Information I have requested is:
- Timeframe of card issue
- Date of last payment (activity)
- Amount owing
Basically everything they would have on file

I am going to propose that I pay money owed as that would only help my credit and morally should but have a caveat that the credit blemish expire from the date of last activity (May 2006 or before) for the time it would come off my credit report if I do nothing.

Am I in my rights to negotiate such an agreement? Not sure and am speaking to a specialist this next Monday to find out the true answer and shall report back.

Any feedback appreciated.

Great response...just one thing.
In Ontario atleast..once the SOL has expired....it can not be restarted by a payment or any other way else there is no point to an SOL.

You have every right to ask for, and receive, proof of this debt and proof that this company has the right to collect on behalf of whichever company you owe the debt to. It makes me insane that collection agencies try as hard as they do to keep this information from people. The reason being, the more information YOU have, the more power YOU have. They don't want you to know what your options are. Doesn't bode well for a commission on their part.

I learned this the hard way -- you have rights. Don't give them up. And DO NOT start paying them back without a repayment agreement in place THAT IS IN WRITING and SIGNED by both parties involved.

The reason for this is two fold: For starters, if the statute of limitations has expired, they'll have no legal recourse to recover the debt. But you'll have to determine when the last payment was made on this account. The statute of limitations has to do with the date of last activity (e.g. last payment ever made) rather than the date it was reported to the credit bureau. If the last payment was made in 2006, odds are the amount of time they have to recover this debt has come and gone, but I'd have to look that up again. I know in Ontario, for example, it's 2 years for loans that went delinquent after 2004. It won't stop them from calling you though and trying, because as soon as even one payment is made, the statute of limitations is reset. If you want them to stop calling and you've determined the S.O.L has come and gone, you can send them a letter via registered mail asking them to cease and desist and explain that you know the S.O.L has expired. They'll be obligated to stop. [Whether or not you can, or want to, repay the loan is another question and merits another detailed paragraph on how to negotiate repayment based on what outcome you're looking for as far as your credit score/credit history is concerned].

Second reason for having a repayment agreement in writing...and trust me...this comes from experience. Unless it is in writing, the collection agency can and will renege on their repayment agreement with you. They will arbitrarily write you out of the blue and say they want to change the terms of repayment. Count on it.

Communicate in writing. I recommend this for two reasons. One, it leaves the emotion out of every conversation (and again, they'll try to get you going over the phone), and two, it holds both sides legally accountable to what's being said. They won't make false claims on paper because they can get into trouble for lying to you! They're bound by a code of conduct that is clearly set out, but often not followed when they're talking to you on the phone.

I've only answered some or parts of your three questions. If I can lend any more information, feel free to PM me or continue posting in this thread and I'll see what I can help you with.

Hi All,

I had a credit card that went delinquent in 2006 and was sent off to a collection agency that I was not contacted about due to me moving and phone number changing.

Recently I inquired to transunion and Equifax and it states that the date opened is 2009 when I know that is not true. It was 2006 or prior!

Now the collection company is demanding that I pay this with interest from that time. The agency is not sending me any information about the account until I have an agreement in place with them to pay it. This doesn't make sense as I need proof and also need a document to obtain a loan if I choose to proceed in that way.

Question 1: The date is different than I remember, can I contact the creditor to obtain the accurate information on that specific card for the date it went delinquent or must I trust the collection agency information?

Question 2: What is the limit of time this information can stay on my credit report in Manitoba?

Question 3: Suggestions of the best course of action I can take?

Cheers and thanks in advance!
James