Bankruptcy - Question Concerning Bankruptcy 911 ASAP REPLY PLZ - Canada

a good place to talk about links

RE: THINK: NO INK!

Postby montyloree » Sun Jun 24, 2007 12:32:06 PM

Raymond,

This is a good day!!

I think that I've caught where the system is dropping your UserID...

Also, I've figured out a few ways to test where and when it happens, if it does happen again.

Woohoo...

This is some of the complex stuff in programming that has really daunted me. :)

montyloree
Moderator
Posts: 3772
Joined: Sat Jul 16, 2005 10:52:47 AM
Province: SK


THINK: NO INK!

Postby Raymond » Sun Jun 24, 2007 11:24:01 AM

Sounds like you defaulted on it in 2002 or 2003 which is prior to Jan.1, 2004 and so the old limitation period of 6 years would apply.

If so, that means the limitation period on it was close to running out and then you renewed it all over again by sending in a repayment offer. Oh well. The worst part is that they almost surely weren't going to sue you in the first place. And to make matters worse, you've renewed the date of last activity on your account. It was going to disappear from your credit bureau file in one or two more years; now, it will stay there for 6 more years until AFTER your final payment of 50 dollars.

What would I do? You've got no property and almost no wages. Tell them: "Sue me bros." They probably won't for $1300. Even if they did, at small claims court there would be a mandatory pretrial settlement conference where they'd likely have to settle for no more than 50 bucks a month or maybe 50% of the balance, payable in monthly installments. The judge would try to get them to accept it because of your circumstances. But very unlikely they will sue in your case. Let me know if I'm wrong.

Ignore whatever they threaten you with, the good thing about having nothing is that you have nothing to lose. If you want to give them 50 bucks a month, go ahead. It's more than they'll get in court. I saw one guy who owed $7000 in court The judge let him pay back 25 bucks a month with no interest because of his limited means.

Ray
Raymond
Member
Posts: 1420
Joined: Tue Jan 23, 2007 12:44:29 AM
Province: ON


RE: Question Concerning Bankruptcy 911 ASAP REPLY PLZ

Postby CalenderGirl » Sun Jun 24, 2007 08:53:15 AM

Ok let me see if this helps: I went bankrupt over 7 years ago I went through the whole process fully so it went on my credit report and thus it stays on the record for 7 years.I was discharged from it after going throu the counselling sessions and all that jazz. 2 Years later I applied for a Capital One Mastercard and they sent it to me. I got a 500 dollar limit on the card and like an idiot still being young not learning my lesson and being on social assistance at the time ((Welfare)) I blew the limit paid maybe twice on it and let it go. Due to intrest and such overtime I now owe 1300.00$.

When I said I thought that the company would be hitched in soem way I mean because it clearly showed I was on social assitance at the time and that I indeed had been discharged from bankruptcy less than 2 years ago. SO I thought they took the risk so at this time they are hitched meaning if it DOES go to court than the judge will see this and say it was THEIR fault for even giving me the card in the first place.

Now they want their money cuz I am finally workin a minimum hours mimnimum wage job and I offered 50$ a month in writing and they refused. Saying its long overdue and they want the "all or nothing" deal which of course due to the fact I am not making enoughmoney I cannot simply get aloan for to pay the full amount. My mom is the only one living and she is on a pension so obviously she can't make the money to lend me. I have no friends who even remotly make that kind of money either to borrow.

So i am stuck any other questions? or is that helping?
CalenderGirl
Member
Posts: 18
Joined: Fri May 11, 2007 08:17:13 AM
Province:


RE: Question Concerning Bankruptcy 911 ASAP REPLY PLZ

Postby Raymond » Sat Jun 23, 2007 07:57:08 PM

Dear Calendar Girl:

Same response: Loan details please. How much do you owe? When did you last make a payment?

When you said you "went bankrupt 7 years ago", that statement invariably is taken to mean that you either filed for bankruptcy or you were discharged. (It doesn't mean that you were simply broke.) However, if you weren't discharged, then the term is meaningless and shouldn't be raised again unless you decide to file. And I guess you have no plans to do that.

That just leaves the debts that are currently outstanding to consider.

BTW What does "I thought that the company would be hitched some way" mean?

Ray
Raymond
Member
Posts: 1420
Joined: Tue Jan 23, 2007 12:44:29 AM
Province: ON


RE: Question Concerning Bankruptcy 911 ASAP REPLY PLZ

Postby CalenderGirl » Sat Jun 23, 2007 07:15:21 PM

I don't think I am discharged I just thought that the company would be hitched some way because they took the risk to give the card...its ok I will fight themtooth and nail to accept my offer of so much per month they cant refuse me no matter HOW long it has been right? Oh BTW I am in Ottawa Ontario Canada
CalenderGirl
Member
Posts: 18
Joined: Fri May 11, 2007 08:17:13 AM
Province:


RE: Question Concerning Bankruptcy 911 ASAP REPLY PLZ

Postby montyloree » Sat Jun 23, 2007 05:17:20 PM

hey calendargirl,

If you have a new debt, with a new contract, even after filing bankruptcy, you still owe the money.

Maybe I'm missing something...

Why would you think you're discharged from a current debt.?

montyloree
Moderator
Posts: 3772
Joined: Sat Jul 16, 2005 10:52:47 AM
Province: SK


RE: Question Concerning Bankruptcy 911 ASAP REPLY PLZ

Postby Raymond » Sat Jun 23, 2007 07:44:19 AM

I assume you mean you received a discharge 7 years ago after having filed for bankruptcy.

Yes, you are responsible for any defaulted debts incurred one day after you are discharged from bankruptcy. (and also maybe any debts that weren't listed in the filing so that outstanding creditors could receive due notice).

Why would you think that being discharged from bankruptcy 7 years ago would have anything to do with current debts?

Ray
Raymond
Member
Posts: 1420
Joined: Tue Jan 23, 2007 12:44:29 AM
Province: ON


Question Concerning Bankruptcy 911 ASAP REPLY PLZ

Postby CalenderGirl » Sat Jun 23, 2007 06:54:22 AM

I went bankrupt about 7 years ago and i have a question...if anytime in those 7 years after bankruptcy a credit card company sends you a credit card and you end up never paying it, can they still deman money and take u to court?
CalenderGirl
Member
Posts: 18
Joined: Fri May 11, 2007 08:17:13 AM
Province:


,

Return to Bankruptcy - Discussion Area