Collection Agencies - Checkin to see if my situation qualifies for Ontario SOL. - Canada

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RE: Checkin to see if my situation qualifies for Ontario SOL.

Postby orestes04 » Sun Aug 22, 2010 12:12:04 PM

To say that ON has no SOL is completely erroneous:

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.


And also to note - the SOL applies to being sued by the creditor - a debtor will always owe the money.
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RE: Checkin to see if my situation qualifies for Ontario SOL.

Postby bcgirl07 » Sun Aug 22, 2010 11:33:09 AM

No, do not ignore them, especially as in regards to Visas and MCs especially, there is no SoL in Ontario. If you ignore them it will only get worse. My best advice is to call up the agency that has been sending the, not write, so you can speak with someone directly...and explain to them your situation, that you never owned a card and that although you did work for them and they signed you up, your name was never on a card and you never used it anyways. That unfortunately won't resolve the issue, but they will be able to give you a number to call and speak with TD Client Services, and they might be able to give you further direction on how this debt was incurred and how to go about getting it resolved.
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RE: Checkin to see if my situation qualifies for Ontario SOL.

Postby Ottawa_Chap » Sun Nov 29, 2009 08:58:41 PM

Another solution might be to ask them (the C/A or their legal team), next time they call, to provide you with their reference # for this account (and the card's account # if you can pry that out of them, too).

Then, once you have this number(s) in hand, call up TD and discuss the situation with them. They should be able to identify that you are not the individual responsible for this account - and hopefully, address the matter right then and there.

If that fails, perhaps it'll be possible to use the Personal Information Protection and Electronic Documents Act to your advantage. Baby steps though.. We'll hold off on that strategy unless they all refuse to play nice.

Infuriating one C/A at a time..
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RE: Checkin to see if my situation qualifies for Ontario SOL.

Postby average_joe » Sun Nov 29, 2009 03:00:12 PM

I would keep ignoring them if it’s not your debt. I would also do a credit check with both credit bureaus to see if this item is on there.

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Checkin to see if my situation qualifies for Ontario SOL.

Postby canadaguy9 » Sun Nov 29, 2009 12:27:35 PM

I am being approached about a debt with TD Visa, which I have NOT acknowledged responsibility for from the fall of 2006. I sent a reply to them in February 2007 on this point. On January 2008 I received a letter from a lawyer from MJR advising me I had a debt with TD Visa in excess of$10,000. I wrote to them immediately explaining, that I do not have a TD Visa card, and that I am not responsible for this payment. I mentioned my previous letter on February 2007. They sent another notice in June, 2008, again I sent a copy of my January 2008 reply.. No further letters were received from them and never received any phone calls.

At this piont I assumed the matter had been resolved.

I did not hear any more until recently I received a notice dated October 2009, which was repeated again in November of this year. from another collection agency on this same point.

I do not have any TD Visa cards, I did work for a company in 2006 in which a card was used, but my name was never on this card. How can I be responsible for this payment?

I have never acknowledged responsibility for this debt, which from the little I can obtain stems from summer of 2006.

Can I be held responsible for something like this, keeping in mind I have NEVER acknowledged that is is my responbility?

Also if I am held accountable, it appears the Ontario Statue of Limitations would apply in this case.

I am tired to writing to companies, stating I am not responsible which are ignored. Do I now just ignore them?

Brian P Odonnell
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