Statute of Limitations on Canadian Debts

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The Federal and Provincial Governments have Limitation Acts which provide a limit on the time an unsecured debt can be perused by legal proceedings. If an unsecured debt is not collected, or payments are not made on the unsecured debt within these time limits, then legal action cannot be taken by the creditor. For more information about statute of limitations for Canadian debt, please check out the Credit Collection forum.

  • British Columbia – Section 3 (5) of the BC Limitation Act sets 6 years as the limit for debt.
  • Alberta – The Alberta Limitations Act sets 2 years as the term which is extended to 10 years if there is a judgement.
  • Manitoba – Limitation of Actions Act, C.C.S.M. c. L150, s. 2(1)(g) sets 6 years as the limit for debt.
  • New BrunswickLimitation of Actions Act, S.N.B. 2009, c. L-8.5. sets 6 years as the limit for debt.
  • Newfoundland and LabradorLimitations Act, S.N.L. 1995, c. L-16.1, ss. 5(b); 13; 14. sets 2 years as the limit for debt.
  • Nanavut Limitation of Actions Act, R.S.N.W.T. 1988, c.L-8, s. 2(e). sets 6 years as the limit for debt.
  • Nova ScotiaLimitation of Actions Act, R.S.N.S. 1989, c.258, s. 2(1)(e). sets 6 years as the limited for debt.  However, within 4 years of expiry of general limitation period, court may disallow the limitation period, having regard to circumstances of the case – Listed are enumerated factors to consider including date of “discovery” of claim.
  • NWTLimitation of Actions Act, R.S.N.W.T. 1988, c. L-8, s. 2(e). sets 6 years as the limit for debt.
  • Ontario – The Ontario Limitation Act of 2002 , came into force on January 1, 2004. It sets 2 years as the term (Section 4). However, this limitation will be reinstated where the debtor acknowledges the debt or makes a partial payment towards the debt. If the debt default occurred prior to January 1, 2004, the creditor will have 6 years to pursue the claim. However, if the default occurred after January 1, 2004 then the credit will just have the 2 year limit.
  • P.E.I. Statute of Limitations, R.S.P.E.I. 1988, c. S-7, s. 2(1)(g). sets 6 years as the limit for debt.
  • Quebec – Civil Code of Quebec, S.Q. 1991, c. 64, art. 2925. sets 3 years as the limit for debt.
  • SaskatchewanLimitations Act, S.S. 2004, c. L-16.1. sets 2 years as the limit for debt.
  • YukonLimitation of Actions Act, R.S.Y. 2002, c. 139, s. 2(1)(e), (f). sets 6 years as the limit for debt.

 

  • Federal – Section 32 of the Crown Liability and Proceedings Act sets 6 years as the limit for debt. Consumers, however must be careful when dealing with the statute of limitations regarding debts at the Federal or Provincial Government level. These include student loans, child support, taxes and alimony.

 

In the event that a judgement has been filed against a consumer, limitations are still set of the time that judgement can be collected.

It is also important to note that limitation can be reset. Limitations begin when a cause of action arises, this is typical the date of last activity or the date of last payment, therefore if you have a bad debt and you start making payments, the statute of limitations resets.




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  • Wlr

    Is that six years from the time the debt was incurred like when you got the for instance credit card?

    • Eastcider

      Six years since last ever – payment received by debtors. Period.
      I just got off a hook with that, and shortly after that, they sell out to CBV or the like, and they try (real hard) to get you to admit to the debt, or getting you to make a payment. Do either one of those things and you are screwed with having to pay it by admitting to the debt.
      Play DUMB! What debt? I don’t owe you. Just hang up at all costs!
      Trust me..they even go as far as to freeze your bank account (the one handling the debt) so you have to call them. I lucked out, and haven’t dealt with that bank since the old debt resurfaced..right on cue: 6 years, and two months. (always the same) I am currently blocking calls, because they “claim” I owe for something i last paid July 21st, 2006. That’s 6 years and a couple months until CBV called looking for someone who had a debt with unamed bank. Remember!!!
      TELL THEM NOTHING OR YER BACK IN IT!! BE CAUTIOUS AND HANG UP/BLOCK THE # AS WELL. DO NOT LET THEM TALK YOU INTO HAVING TO PAY IT, IT’S YOUR RIGHT TO WALK AWAY AND HANG UP. i COULD BE SAVING YOU THOUSANDS.
      I could have owed 6K all over again just by making a 1 dollar payment, or agreeing I have a debt with them.
      No time for kindness, run like hell!

      • Jared

        I have had old debts resurface as much as 10 years old. In fact I just got a letter yesterday. The letter was for a settlement offer from some collections company in Grande Prairie, Alberta. The original debt was for $24 in late movie fees! With interest its over $100. I wont pay it ever out of principal as it popped up on my credit file years ago when I renewing my mortgage which is how I found out about it. Raised our interest rates and when I got the video store to send my original contract, they didnt have one. Even after winning a privacy complaint for sharing my information with the collection company without my permission I still get the offer letters every once in a while. The movie store when out of business so obviouly the collectors bought the debt.

        • Credit Collections

          Check out the forum Jared, I can help you deal with this: http://www.credit-collections.ca/forum

          • Fuzzy

            I am trying to register so I can post to the forums for some advice but it says registration is closed. Is this site still active?

        • TJ

          First off…..simply admitting to the debt on a phone does NOT reset the SOL. It must be acknowledged either by a payment or in writing period. That acknowledgment must be done BEFORE the SOL has expired. Nothing you do after it has expired has any effect.
          Secondly making a payment does not cause the credit report to run an additional 6 years. It is 6 years from when it was first reported..

          • John

            You’re wrong about this. Making a payment resets the 6 years your debt stays on your credit file. Credit files in most provinces stay on your credit file with Trans Union or Equifax for 6 years after the date of last activity, not after it was reported. That is outdated info. If you make a payment, that is considered an activity

          • Credit Collections

            When a collector calls and goes through a series of identity verification checks and can confirm that you are in fact the owner of the debt. If you admit to the debt it can reset the statute of limitations. All calls are recorded and its up to the collection agency as to what action to take. If you admit to a $20,000 debt then they will come after you for it. Also, making a payment DOES reset the time it’s on your credit report which in most provinces is 5-7 years from the time of last payment, or if none the date of last activity.

          • Jonny

            Got to wonder if you are a collection agent intentionally trying to fool people into slipping up on this one…TJ

  • http://www.facebook.com/jon.strat Jon Strat

    If I ask a Credit agency to send me a copy of my credit report will this effect the 6 year statue of limitations.I just want to look I wont call pay or contact any creditor

    • Credit Collections

      The credit bureaus, Equifax and Trans Union only collect and share information about your credit history and they manage that information in accordance to Canadian/Provincial laws. By those same laws you can request a copy of that report anytime you wish which has zero impact on your credit file.

      The only time the statute of limitations for a debt is reset is when you admit a debt is yours or if you start paying on an old debt.

  • Debt Free

    So, after the statute’s have LONG passed, how long can these debts stay on your credit report? It seems like collections agencies could keep buying the debts from one another and keep the account live as long as they want. How do you get these expired debts off of your report?

    • Credi Collections

      As long as you dont start paying these collection agencies the debt should drop off automatically when the regulation reporting term expires (most is 6 years from date of last payment). If it foesnt, but you are sure the debt is over 6 years, you can contact both Equifax and TransUnion ans let them know the debt is over 6 years. It typically takes about a month to do it.

  • Baffled

    How about a legal bill showing up 3-1/2 yeas later. In Saskatchewan my daughter received a bill for 1499.00 from the firm the handled their house purchase in January 2010. My daughter & fiancée thought all Monies in trust covered all the costs as they hadn’t been billed for anything else until today. The bill arrived saying that their file had unfortunately been misplaced( in the office of the lawyer they dealt with) and in a nutshell here is the final bill for finalization. When she called to challenge receiving the bill now the office clerk said the lawyer they had dealt with recently had a stroke and she and his associate had gone through his office to clear up outstanding cases hence the bill and that three years wasn’t really that long.

    • sourcespin

      Your daughter would off had to have signed some form of an agreement for costs that would outline the fees. Hopefully she can find that information. Until then, do not admit to the debt as it resets the statute of limitations. Sad the lawyer had a stroke but until he can confirm anything, who says the associate has not made a mistake.

      Look at all documentation she has and then ask the associate for all documentation they have. You are looking for a signed billing agreement or anything that states a fee structure and date of service.

    • Choked

      Hey, so turns out I had received the exact same letter as you did from the same law office after purchasing a house in jan. 2010 with the same story/amount owing…. Not to mention the monthly interest being added Just wondering how you made out with dealing with this B.S.?! I was sure someone else out there had the same problems

  • Angel

    what if my bank suddenly put an old credit card number linked to my account without my knowledge (credit card having been over 10 years old) when I asked my bank to pay a credit card belonging to my mother, my bank put the funds towards the old credit card they linked to my account without my approval or request. It was my understanding that the 10 year old credit card debt had been written off, now a collection agency has been harassing me about the debt 2-6 times daily.

    • Credit Collections

      If your past credit card was issued where you still bank then they can take the funds. You won’t be able to get that money back. As for the collection agency, they are easy to deal with once you understand the laws. Next time they call, do not give any presonal information other than to verify your name. Ask the collector to provide you with all the information on the alleged debt in writing as you are disputing the debt. The collector will probably not be compliant at first, but just state that under the Fair Trade Act you are requesting ALL information regarding the alleged debt and until that is received you are disputing the debt. Also inform then that until that information is received in writing, they are no longer allowed to phone you or you will be filing a consumer affairs complaint. Be firm with the collector, but not rude. If you feel more comfortable, record the conversation.

      Understand that under many of the countries Provincial laws, this debt is past the statute of limitations for collection BUT if you admit to the debt that statute of limitations is renewed, meaning they can sue you. I would need to know more about what province you are in to help you out.

      To discuss this further and access more detailed information about dealing with old debts please visit this post in the forum: http://forum.credit-collections.ca/index.php?topic=12

  • IamME

    Hi there, I have a bad debt from about 10 years ago. I have been contacted by collection agencies by mail, but never replied or called them. Apparently my debt was sold to a different collection agency. They called last week and I spoke to an agent on the phone.

    Would this reset the statute of limitations?

    • Credit Collections

      Never admit to a debt as they will just continue to harrass you regardless of how old the debt is and how many times it has been sold. Admitting or starting to paying an old debt can reset the statute. When a collection agency contacts you where you know the debt’s statute has expired, do not admit to the debt and tell them that you are DISPUTING the debt and that they can proceed through litigation. You do not need to say anything else. If they continue to call, write a dispute letter. This post in the forum gives a bigger explanation of dispute letters and dealing with a collector: http://forum.credit-collections.ca/index.php/topic,12.0.html

      • IamME

        Thanks! That helps a ton

      • IamME

        The call ended with me disputing and saying that the debt was already paid.. They asked me to send in a fax with the payment details.. which I dont have because I never paid the debt. So I think I inadvertently admitted that the debt was mine.

        BTW, I will never pay this. My college roommate used my credit card to order online. I claimed fraud, however, they said I was held responsible. The debt has continued to grow as they have been charging interest. Its now over $2k, started at $500.

        Do you think that I should call back to dispute the charges now? I hope I didnt screw myself over by admitting to the debt.

        Thanks again for your advice

  • Iggy

    Hi there, I had a debt with has been 6-7 years since last activity. It has already cleared from my credit history but recently a new agency has been calling and writing saying they have taken over the debt. What can I do? The agency is Contact Resource Services. I took one call and advised them the alledged debt has reached the SOL. They have called my phone, my work phone and are quite relentless.

    • Credit Collections

      Yes they are relentless. They are like rabid ants on a cookie crumb. The original debt you had has been sold to the next collection agency for pennies on the dollar and there really is nothing they can do. If you admit to the debt then can reset the SOL but depending on the amount they won’t bother. Suing someone is one thing, but enforcing it can be very expensive so unless it’s well over $5,000 and they KNOW they can get the money, they won’t bother. Next time they call you tell them you are disputing the debt and for them to seek legal action and to not contact you again. Be as rude as they are. After the calls stop you will probably then get two settlement offer letters and then they will go away.

      • Chelsea

        Telling the collection agency to “never contact me again” does nothing. Unless you are a resident of British Columbia, you cannot just ask Collectors to do this and expect that will be the end of it. Fact remains- You incurred the debt, pay it, then collectors won’t be “chasing” after you. You have a very obscure idea of how this industry works. Every client is different, so don’t expect Settlement letters so easily.

      • pippymojo

        how do you get them to take the collection agency off your bureau when they buy an debt over 7 years old

        • Adrian
          • pippymojo

            tHANK yOU
            BUT WONT THAT START THE TIME ON THE DEBT AGAIN

          • Adrian

            No, only if you admit to the debt in writing to the creditor. In the equifax dispute, state ‘other’ and that the debt should not be reported on your credit file because you do not have any debt you are aware of that would be within your provinces statute of limitations or within the 6 year reporting period. Equifax is not the creditor.

          • pippymojo

            awesome i never thought of that thank you so much

  • Steps to Control

    Hi, I live in Alberta and I have debt from 3 credit card companies (since 2007) and student loans. Recently I was called frequently by them all regarding my unpaid required minimum amount for more than six months and outstanding balances. I noticed I was charged with massive interests, fees, and penalties. I was told that I would have a bad credit score, and could lose my ability to get a mortgage, a car, and hired by a company.

    Sadly, I confirmed with them my date of birth & address, elaborated on how I have no assets, extensive liabilities, that I’m working only part-time so I don’t have enough to even pay for groceries, and explained that I had debt from other credit card companies as well- I agreed to try to pay a tiny amount but that I had no way to pay the minimum amount (up to $150 – it became 8x the initial minimum amount) and on time.

    Last week, I actually paid a tiny amount of $30 dollars to each of them.

    After researching into this today, now I regret having claimed the debt and going into the details of my story of woe.

    May I ask if you can elaborate on the Alberta Limitations Act please?

    – what it means by: “… sets 2 years as the term which is extended to 10 years if there is a judgement.”

    Do I have to keep paying monthly minimums of $150 to each creditor for 2 years or 10 years based on what they recorded me saying over the phone?

    Would it legally help me anymore if I sent them a brief financial statement, letter from my accountant, or phone to negotiate an amount to settle my credit card debts after my unintentional actions done to make it messy?

    • Credit Collections

      If they sue you the statute of limitations extends to 10 years, if they have not sued they only have two years to sue that starts when you stop paying or if you have never paid then the original date to the creditor when the debt became past due.

      Do not provide any further information to a collection agency or your creditor or offer a settlement at this time.

      If you want to create a thread in the forum, I can ask questions and help you further but it’s a too big for blog comments.

      http://forum.credit-collections.ca/index.php?action=forum

  • Fireman

    I live in Newfoundland and the debt is over 7 years, yet I still get these calls treating to take action, what can I do to get the guys off my ass?

    • Credit Collections

      unfortunately they will likely never leave you alone because old debts are sold and bought all the time, I have heard of debts 15 year old the subject of calls and letters. Good news though is your debt is well over the statute of limitations so they have no legal grounds to collect. Next time they call tell them that you don’t have any outstanding debts and that you are disputing the debt and advise them to stop all contact and seek legal action. Be firm if needed and also state that if they continue to contact you will file a consumer complaint withe province. The calls should then stop, but they will still likely sell the debt to someone else so every few years you can expect calls or letters to start again.

      • Chelsea

        You should do some more research…You’re giving inaccurate information here.

        • Credit Collections

          Hi Chelsea, I have done my research, including that the same IP address is posting from two different accounts telling people to pay their debts and that we are giving false information. I have deleted the other comments but I will keep this one up, including that your IP address belongs to Commercial Credit Adjusters. Bye now!

        • Joe

          Simple solution get a new identity at: http://www.noveltyid.us

  • Benny

    Hi I have three old debts with credit card companys that are all over 5 years old since last activity, which I understand is from last payment? They are for about originally $5000 each before Interest. I have had no contact with with two of them this whole time and just recently called to try to settle one that was on the collections part of my credit report. I gave them my name and addres but did not set up any payment plan, do to them being unreasonable with a settlement. By me calling and discussing my debt mean that I have “admitted” to this debt? If not will this drop off the collections part my credit report after 6 years? Also I contacted a legal company and explained my situation and they have advised me to make arraignments to settle with these companies. I don’t see a point of doing this if its just going to come off my report next year. What should I do?

    • Credit Collections

      If you pay them and they update the collection on your credit file as paid, then you will have to wait six more years. If you have copies of your Equifax and TransUnion reports you will have the date of last payment. If both of those expire next year then I would wait. A lawyer is an officer of the court so they are going to tell you to pay, do a consumer proposal or file bankrupcy, they are not going to advise you to not pay. If your credit report is your top priority then waiting it out quietly is your best bet.

      • Benny

        Thank you for the help! That’s what I was thinking of doing but just needed some reassurance. Does by me calling the one collection agency mean I have admitted that debt? I haven’t paid anything or agreed to anything. I live in Ontario.

        • Credit Collections

          I wouldn’t worry about calling them once if its over the statute of limitations. I really depends on the debt and the chances of collecting if the SOL is reset. If you are a doctor and it’s a $100,000 debt, then yes it would be worth it to the Collection Agency to go after you for admitting the debt.

          Understand that the statute of limitations is to sue you in court. So to do that it has to be a big enough debt that they know they can enforce with a judgment. If they didn’t sue you the first time, it’s highly doubtful they would do it this time.

          • Jonny

            Is there a way to tell if I was sued and a judgement made against me, without my knowledge? I had my financial collapse 9 years ago and have never communicated with any creditors, and I moved to a different address without forwarding anything 9 years ago. The only thing I’ve kept is my cell phone number and I get creditors calling on that (need to keep it cause I’m self employed and can’t change it without losing clients), but I’ve never responded. Nothing is showing on my Equifax report which I got last month, but I see that you’re saying that judgements stay active for 10 years. How do I find out if there are any judgements?

    • Bella

      Do nothing, just wait one more year. I’ve made the mistake to paid off 2 of these collection companies and I found out after the debts was never removed from my credit report:( I had to wait 6 years so….If you want to pay for nothing, go ahead

      • Credit Collections

        See that’s a good point to make too. Paying collection agencies can often INCREASE the time a debt is on your credit report. Say you have a debt of $120 that you owe a company that goes to a collection agency where the collection agency listed the debt on your credit report. The company may have an agreement with the collection agency that after one or two years, if the debt is not collectible then the debt goes back to the original debtor. In this case, the collection agency will most likely REMOVE the debt from your credit file because they no longer manage the collection. Most often over two years it won’t be reported again if a new collection agency is assigned or they bought the debt. So in cases like this it is best not to pay because if you would have started paying the first collection agency or paid the debt off, then that collection agency would have marked the debt as paid on your credit file and it would be there for…..6 more years.

        This does not work for all companies as some have their own internal collection departments, but if a debt is past your provinces SOL, then it’s never advisable to pay or give them any information or admission of debt that encourages them to pursue it.

  • Air426

    Hi I live in ontario and i have a 7 year old (or maybe 8) credit card debt of $1100. I have received multiple letters from a collection agency offering a settlement of $700. I just got one yesterday saying this is my final notice before they take legal action in Ontario small claims court etc.. I have never ever spoken to these people in my life I just throw the letters out. What should I do? And who do I contact to get it removed from my credit report if it hasn’t already? thanks!!

    • Credit Collections

      Statute of limitations in Ontario is two years. They can’t sue you. The offer of $700 is because they bought the debt for pennies on the dollar so they make these settlement offers to get whatever they can.

      They can NOT take you to court.

      I would suggest you continue to throw the letters away and do not speak to them. As for your credit report, request a copy from both TransUnion and Equifax to see if its on there. If it is you can file a dispute if the dates are inaccurate to have it removed.

      • TJ

        Just to be clear. THEY can sue you.
        They just can not win if you show up and raise the SOL in your Statement of defense.
        However if you fail to appear in court they can and will win a default judgment regardless how old the debt.

  • Island44

    HI there! I received a Notice of Claim from BC Provincial court from Contact Resource Services from an old debt. The debt was opened 7 years ago and the last payment was made, so last acknowledgment of debt (according to their statement) was 5 years and 11months ago. I think it may have been earlier. I have 2 weeks to reply, by the time I reply and they set a court date the SOL will be past the 6 years SOL. Because they filed just in time does that means I have to pay??? Please help? What course of action should I take.

    • Credit Collections

      As long as its filed in court in time, the SOL cannot run out waiting for the hearing and you response. Bit it sounds like they have manipulated the date if you are sure it 7 years old. Did the letter come registered mail? Is the original creditor suing you or the collection agency?

      • Island44

        Thanks for your response. According to the invoice from Contact Resource Services that was filed with the notice of claim the account was opened November 15, 2006. In their statement they said the last payment on the account was made November 15, 2007. Also according to their invoice they took on the debt in March 2012. The date stamp on the Statement of Claim is September 30, 2013. The original debt I believe was around 2500.00 with HSBC (previous household finance). It has accumulated to over 8000.00 now with interest at 29.9%. The are suing me the individual the full amount plus court costs. I only started getting phone calls and one letter from them in the last few months and have never spoken to anybody, before that I have heard nothing from no other credit agents. I don’t know what the best course of action to take would be.

        • Island44

          And yes the letter came by registered mail.

          • Island44

            So am I basically hooped then? I could reply and deny the debt, make them prove the last date of acknowledgment so last payment date? I have no paperwork because it was so long ago.

          • Credit Collections

            Deny any ‘knowledge’ of the debt and go to court. The SOL should have started on the date of last payment to the original creditor which appears to be November 15, 2007. Which is over the SOL. What it appears to me is that this collection agency is hoping that you dont show up in court so they get a judgement.

          • Island44

            Thank you for the advice, I was planning on doing that as well. However November 15, 2007 is 5 years and 11 months, so doesn’t that mean it isn’t over the SOL? Just wondering if I can use that as a defense in the event I did make my last payment on that date like CRS claims.

          • Linda

            So what was the outcome?

          • Island44

            Hi Linda. I replied back in December denying any knowledge of this debt I
            didn’t hear back for a couple months. Just a few weeks ago I received a
            notice of mediation from the court. So the case is going to Mediation
            on Wednesday March 12th. I guess I will see who ends up showing up and
            what proof they have of the debt with actual dates. Mediation doesn’t
            mean a final decision as both parties have to agree, if neither party
            agree then the next step is court. If they don’t show up then the debt
            is dissolved. We will see what happens, I will keep you posted. Are you
            having issues with CRS Linda?

  • not

    Hi, I’m getting calls on my cell from Total Credit Recovery for the Rogers debt of a 3rd party I have no connection with (never heard of them till I got the phone). They’ve now given me this person’s (prior?) address, (prior?) alternate phone number, full name, and month of birth. All over an insecure cell-phone connection. They’ve given me enough to determine the person’s day of birth and high school attended (careful with Facebook, people) which would allow me, were I so inclined, to obtain their birth year (yearbooks!). I think that’s enough in many places to apply for a credit card. They have never authenticated my name, DOB, address. I refuse to give it over a cellphone so they assume I’m Tracey and try to get me to confirm that my birth month is (month). That I live at (address). That I had an account with Rogers. etc. I used to tell them right off I wasn’t Tracey but that doesn’t stop them. So I’m letting them run their mouths and complaining to any officials that will listen about third party disclosures, contacting a debtor on PEI on their cellphone for debt collection purposes, and repeated calls after they were informed that they have the wrong number.

  • stressed

    Hi. I live in Alberta and i have had 2 vehicles reposessed. One was voluntary and happened 4 years ago. The other one was 9 years ago and they wanted the vehicle back so they came and took it because i couldnt pay for it at the time. I heard nothing on these repos until several days ago when a collection agency called my house and said i owed them 12000 dollars for a vehicle repo. I admitted to having a voluntary repo but they told me the name of the company they were collecting for and i did not know this company. They told me the original finance company was bought out by a bigger finance company. I did not agree to pay any money and told them that i would call back in several days after i talked with my wife who is away at the time. they could not tell me which vehicle they were talking about. the repo from 9 years ago is not on my credit report but the one from 4 years ago is. the one from 4 years ago is classed as a bad debt but the outstanding balance is 0 dollars. What can i do? I think they are trying to collect for the repo from 9 years ago but i did not tell them about that one.

    • Credit Collections

      In Alberta a personal vehicle can be reposessed OR the creditor can sue, they can’t do both. Inform the collector you know this and if they continue to harass you make a report with Alberta Consumer Affairs.

  • Tskittles

    I have a $400 debt with a cell phone company and a $1000 debt with a credit card company. Both are in Ontario and I know that the statue of Limitation’s for legal action is two years, but my problem is I have no idea how to tell how close I am to the 2yrs. Is there any way to find out?

    • Linda

      By getting your credit report with either Equifax or TransUnion. But be wary. I would hold off for what you may think is two years.

  • missy

    I have an old debt from 2006 that I have just started getting calls for I am disputing it but they sent a letter saying they are going to apply for tarnishing my wages but this is my last week before I apply for unemployment maternity can they garnish unemployment and will the sol make them leave me alone or will they not go away until I pay them I will not take away from my child to pay an old debt

    • Backslap_Bob

      Don’t answer any of their mail, and definitely don’t acknowledge anything about yourself or your past debts if they call you. Deny, deny and deny some more.

    • http://windsordebtrelief.ca New Beginnings Debt Consulting

      Missy,

      First of all the only way they can get a garnishment on your wages is if they take you to court (and you must be served with the lawsuit) and get a judgment. If they get the judgment they would have to find out where you work, then go back to court to get a garnishment at your specific place of employment. It takes some time.

      Second, if they do get a judgment and garnishment they cannot garnish government monies. I hope this helps. If you have any other questions give us a call.

  • Jane

    I just received a series of calls from a company that states they represent my credit card company but that they did not buy the debt. They are demanding payment in full ($23,800). I do not have the money. My husband and I have been unemployed for the last year. We have had to move in with his parents who happen to live in a different country then Canada. We are trying to start over…..what can they do to us? Does the SOL start from last Jan when we missed our first payment or from yesterday when I acknowledged the debt?

    • Linda

      The month after you made your last payment. the only true way to acknowledge a debt is either by making a payment or by sending a signed letter that you acknowledge the debt. Saying so on the phone does not count.

  • stressed

    hi my husband and i closedm out a company in Sept 2004 we were a limited liability and had debts wriiten off on behalf of a company its almost 10 yers later and ow some collection agency is calling me saying that i still owe the 11, 000 ??? after almost 10 yers? she says the laons was cosigned by me and that i gave it the “personal guarntee ” i told her I OWE her nothing and she asked me if i signed it . i said yes but only on behalf of the company noe me . she said that the company is still active i told her no!1 it isnt i told her i dont have to even talk to you and she hung up on me im scared now that she may put a lein on my property HOW AND WHAT DOi do TO solve this problem ??

    • stressed

      after reading several of the comments here and reading my sol rights i called her back again adn told her that im not paying and she cant bother me she said i cant go after you legally but u still owe it i told her im seeking legal advice from my lawyer and she said tell him to call me i said doubt it if he will , she told me not to bother to call me back if im not settling it …lol i told her i said yah go call the ppl that actually do presently owe you and leave the 10 yr old debts in the closet with the rest of the skelitons LOL but my question is can she reset the SOL ???

  • Astrix

    Hi There…………I got a call from a 10 year old debt that they are hounding me about. I did discuss the debt over the phone with them. Meaning I was yelling at them saying it was on my credit for 7 years and as far as im concerned its done with. With me saying that does it reset the sol? I have read elsewhere that they gotta have it in writing or a partial payment has to be made to reset the debt?

  • jim

    Hello,

    7 years ago I went through some tough times. I had excellent credit and mortgage that I’d never defaulted on. I sold my home in 2007 and took time away from job which lead to some bad spending habits that racked up my credit. I spent a couple of years getting calls all day and night from creditors. I started looking online for articles related to credit problems. I stumbled upon a gentleman by the name of Mark Anthony silverthorn. He was a long time legal representative for various collection agencies, but was now in the business of helping the consumer. I spoke to him on the phone and he instructed me to pick up his book from chapters “The Wolf At the Door”. I purchased it shortly after speaking to him. I had already defaulted on my loans for a year and a half. After reading his book I came to the conclusion that is would be better not to pay my debts. It’s been almost six years now and I’m looking at repairing my credit just not really sure where to start. I purchased a credit report from Equifax and it states that most of my poor credit history should drop off my report by January 2014. I have a good job and would like to improve my credit so I can buy a home in the near future. I’m looking for some advice in who I could speak to about rebuilding my credit and someone who can tell me what my credit score means. I’m wanting to apply for things like credit cards or a used auto loan for bad credit to improve my score, but not sure this is the right avenue. The problem I’m having is finding an unbiased opinion. In saying that it seems hard to find educated advise when your telling someone you haven’t paid your debts and are waiting for them to fall of your credit report. The answers I get are usually why are here to help people with bankruptcy, consolidation, debt management or consumer proposal. Wanted to know if you would be able to point me in the right direction or have any advice yourself?
    One thing to add I have not been contacted from collections for roughly 3.5 years and have not made a payment for close to six. I did apply for a capital one credit card and of course information was updated and just like that I received a call from a collector just like that demanding payment.
    thanks,
    jim

    Thanks,

    • Linda

      As soon as my “bad credit” dropped off my report I applied for a Canadian
      Tire Card, then a Walmart Mastercard and then a CIBC Visa. I got all of them and am now perfect with paying each one in full every month. good luck

      • Credit Collections

        Thanks Linda. You know, most people that experience bad debt are not because they are low life’s but because they either made a bad choices or bad things happened to them. Its awesome that you are back on the right track which is what this site is all about. Thank you for your words :)

  • sand

    Hi, I just got a call from a guy who said I owed $375 from1996, I said how come this has not been brought to my attention before today and not on my credit checks. He said they don’t always show up. I said I thought it had gotten paid back in 96. He’s sending the info on it, does this mean my SOL is now reset?

    • Linda

      No. Absolutely not. Just send a letter back saying you dispute the bill and for them to take litigation action against you. they will bugger off.

      • Backslap_Bob

        Actually he should ignore the letter altogether — that erases the possibility of even an accidental acknowledgement of the debt, which will reset his SOL.

        Acknowledging a debt even in dispute can and will reset the SOL.

        • SmartOneBC

          Verbally acknowledgment does NOT reset the SOL..A payment does..

    • TJ

      With regards to resetting an SOL.
      Check your provincial limitation act.
      Clearly in Ontario it can only be reset if an acknowledgement is made in writing, or by partial payment before it has run out. Nothing you do after the SOL has expired can restart it.
      Despite the fact an SOL has expired does not eliminate a debt it is forever, they just can not succeed using the courts to collect it.
      However if they do sue and you fail to appear in court to raise the SOL as your defense they will win a default judgment.

  • rachybaby

    Hi Credit Collections,

    I’m a bit confused, so I hope you can help me. I have four questions for you which you can find in the third paragraph…sorry, I write novels sometimes.

    My story is that some of my Ontario debt when into collections in early 2010 (or late 2009) when I became underemployed (I went back to school f/t, and by the time I graduated there were no decent paying jobs on Vancouver Island). When I finally got a ‘career job’ later on that year, I began paying the collection agencies, just waiting for the day when my six years would be up and my debt would disappear from my credit report.

    But from looking at the Statute of Limitations for Ontario on your site, I’m confused about where ‘debt reinstatement’ comes in..am I “acknowledging” my debt simply by paying the debt collectors each month? In other words, am I unknowingly extending my ‘limitation’ period? And, based on the Financial Consumer Agency of Canada website, I always thought that after six years from the date of delinquency, the debt wouldn’t appear on my credit report…Is my credit report a different issue from collections agencies/creditors still being able to come after me after the six years are up? And where does the two year limit come in? I’m so confused.

    Any help you give me will be greatly appreciated, and I’d be happy to give you more information or clarify anything. Also, I was living in BC but that was just for school, my debt is ON debt.

    Thank you so much.

    • Linda

      Yes. By making payments you have reset the SOL. The two year limit comes in one month AFTER you make your last payment (or use) of the debt. You are now better off to try to come up with a settlement.

      Typically that is how it works.

  • Stressed

    Hello, I have a couple credit cards from when I was younger and stupid with my money that I have maxed out. It’s been about 8 or 9 years since I’ve touched or paid those credit cards. I went to the bank 2 years ago to talk to someone about my credit score and how to better it as I had a few phone calls claiming they will take “legal action” so it freaked me out that’s why I went to the bank to discuss my credit score. She looked up my score and didn’t see any debt owing or collections on there so she started me on a very low limit Visa card to help build my credit. Fast forward to about last summer, I got some more phone calls claiming to take “legal action” again so I went to the bank again. They looked at my credit score and I paid online to view my credit score through equifax and I have just under excellent on their credit score and the lady at the bank wasn’t able to see any money owing or anything from a collection agency. She even called the 800 number from her work phone and no one picked up and she called twice during my meeting with her when she finally concluded that it was probably a scam. I know I still owe money on my visa and a store card from about 8 yrs ago with my limit to both cards totalling $4500 which I have maxed out at that time. Now I’m getting phone calls again and it’s stressing me out and I don’t know what to do… I still don’t have a lot of money but I am wiser or smarter with my money and have always paid my current credit card in full. It just worries me that they’ll phone my work, family members phone or garnish my wage? If they can even do that…

  • jolene

    Hi,
    there was a lien on my fathers property, hes been dead for 8 years, should the lien be lifted now

  • Traci Arcamel

    I just had the collections “offset” $5000 of my money from my account to clear a portion of my debt. Does that count as a payment? Is the statute of limitations reset now?? I also had a bank representative talk on my behalf trying to settle the rest of the debt owing as there was $3700, and they’ve offered me settlement letters for less that $5000 so I figured they would clear the debt but instead they just wanted more money! ha! Imagine that!! Anyways, does that count as acknowledging the debt?

    • Traci Arcamenel

      Also now that the law has changed in BC to 2 years for Basic Limitation Period, does that mean even if it is reset, that it is only for 2 years? Thanks! :)

  • Dave

    When I moved out of Québec in 1998, I owed the provincial government, I think, around $3k in taxes. I haven’t paid it or acknowledged it. Is it beyond the statue of limitations now? What if I move back to Québec some day?

    Thanks!

    • Backslap_Bob

      I believe the SOL for taxes is ten years. I could be wrong about that.

  • cintia

    hi i have a debt for 200cad from bell in 2009 they were calling me everyday but now they sudenly stop shold i pay them

  • Blueivy

    I received a letter from a collection agency (Commercial Credit Adjusters Ltd.) regarding a RBC Student Loan (Ontario Student Loan) from 1996 regarding an outstanding debt of $9,000.00. They say “I have six days to pay the debt in full unless otherwise instructed. We remind you that this delinquent account may have an adverse effect on your credit rating. If we do not hear from you within the specific time frame, further action could be initiated without notice.”
    I have not made contact with this agency. I know this debt was on my credit report many, many years ago.
    Can they collect on a debt that is now 17+ years old? Also, I am sure that the amount they are claiming is mostly interest? What can they do at this time? And is this debt past the SOL time? What are my rights?

    • Name

      Clearly, the person posting as “credit collections” has NO IDEA what they are talking about…. RBC accounts are clearly bank accounts and the moment you answer the phone and acknowledge the debt the time frame on which the debt is set to stay on your credit report gets restarted… Clearly, you have picked up the phone and acknowledged otherwise it WOULD NOT still be in or circulating in collections….

      ALSO

      Collection agencies DO NOT buy debts.. they are hired to collect so, your theories are completely WRONG… Only personal home based debt collectors buy debts to recollect. do some research before trying to act like you kow what you are talking about. silly twits

      • Chelsea

        Absolutely- this person has no clue..Clearly not in the industry- which I find intriguing considering their posting name.

    • Credit Collections

      No they cannot legally go after you for this debt once it had passed the statute of limitations. The wording that you have is common. They don’t say that the debt WILL have and adverse effect on your credit rating and they don’t say that further action WILL be initiated without notice. They say MAY have an adverse effect and COULD be initiated. They know they cannot legally collect it through the court system so they use double speak to scare you into paying them.

      This debt is too old to legally collect in Canada.

      Commercial Credit Adjusters are one of the sleeziest collectors out there and they simply buy old debts for pennies on the dollar and try to manipulate you to pay. Even if they get just a few hundred bucks out of you it was worth their effort.

      They cannot sue you unless you admit to the debt or unless you start paying on it.

      My advice is to write them a letter and send it registered mail where you state to you DO NOT have an outstanding debt and that they are to cease all contact and pursue action against you in court.

      Or if you prefer you can ignore it, they will send a few letters like you have received and then a few will come with settlement offers. If they are unable to collect they will likely sell it to another next collection agency.

      DO NOT PAY OR ACKNOWLEDGE THE DEBT and you will be fine.

      • canadian

        I guess you learnt this the hard way by now but student loans have no statute of limitation in Canada. It’s the trade off for a prime interest rate. I recommend you make a deal and pay it off. This is the one exception I know of, you cannot even bankrupt on a student loan. It is however tax deductible at least

        • http://windsordebtrelief.ca New Beginnings Debt Consulting

          This needs more clarification. There is a limitation to student loan debt that is older than 7 years in Canada. However, in order to eliminate or reduce what you owe, the debtor must take action in one of three ways. (1) file for bankruptcy (2) file a consumer proposal under the bankruptcy and insolvency act or (3) negotiate an informal settlement with the creditor. If the debtor just ignores the debt the creditor has every right to pursue legal action against the debtor until such time that the student loan debt has been satisfied with one of the three options above. If you need further assistance and live in Southwestern Ontario, please give our office a call at 519-962-9536. We will be happy to assist you and discuss your situation in more detail.

      • SouthWinnipegger

        In canada student loans are specifically excluded from debt limitations. They even stand now if you declare bankruptcy and it stays on your credit file if not cleared past the 10 years that things normally disappear. I went through something similar a few years back and ended up settling. The rules changed around 200-2002 or something. Sorry for delayed response as I just came across this today. :(

        • Trsh

          I just received a call from global collection agency stating I owe over 9000 from a student loan with the royal bank from 2002. The guy said I have to remtg if I don’t have the money to pay. Do I have to pay this loan? I’m I’m New Brunswick. I know the statue of limitations for unsecured debt is 6 years but what about student loan?

          • C Penner

            I received this same call today from the same people. I had a student loan from RBC in 1998 and filed for bankruptcy in 2004. I was given a full discharge and haven’t heard a peep since. I thought this debt was long gone. I have since built my credit back up and don’t want to filed bankruptcy again. The statue of limitations is 6 years in Manitoba as well. I quite in a panic here. if someone knows anything please help!

          • cr

            Any updates on this C Penner? I am in same situation. backrupcty, student loans, manitoba..same phone call…even same years lol

          • Ontarioguy

            Same here. 1999 student loan claimed bankruptsy rebuilt my credit. Delt with CBV collections 4 years ago concerning my student loan and paired them $4000. Now I have these duche bags calling saying I owe $10,000. $5000 of that they are saying is interest.

          • Adrian

            No you do not have to remortgage. If the student loan is provincial it falls under the same laws as a private debt.

          • Trsh

            Can this credit agency put it on my credit bureau? I consolidated all my student loans in 2006 and for some reason this was never on my credit bureau so my bank and myself didn’t know about it. No one ever contacted me from the royal bank about it. So now 12 years later I have good credit so I’m wondering if this can lower my credit score. I talked to a federal then provincial department today and this collection agency can not legally do anything because of the time frame but neither knew if they could report it on my credit bureau

        • Adrian

          No they are not. If it’s a Canada Student loan funded by the government if Canada then the debt is taken from tax refunds/GST until paid. If it is a Provincial student loan it is a funded by financial institutions such as CIBC and RBC. These loans follow the same laws as other debts. They can only be on your credit file for the same term as any other and bankruptcy does include the debt. Where an unpaid student loan is not forgiven is in the eyes of the province for issuance of any further students the loans in the province.

          • dunnright

            How does a person have it removed from their credit file IF they do put a negative against you? In my case at minimum it’s 12 years old.

          • Adrian

            Order copies of both your transition and equinox credit report to confirm it is there. Once you have the information, fill out a dispute form which is on both transunion.ca and equifax.ca and send it to them stating the original debt is 12 years old. They will then investigate with the creditor. You should get a response within 2-6 weeks in the mail.

          • dunnright

            Been seeing a lot of conflicting stuff stating that Statute of Limitations does NOT apply in Ontario on Student Loans? As adamant as this site is that it does apply other sites are just as adamant that in Ontario and I believe in NFLD they can come after you forever. Confusing

          • Adrian

            Ontario passed an amendment in 2004 I believe that changes the sol on student loans but it depends on the age. Honestly if you are Ontario and have a student loan then it’s best to contact a consumer counseling service IN Ontario. Even the legislation is confusing at best as to the cut off for collection. Regardless if the loan predates the amendment, collectors will try to anyway.

          • Eliza May

            In nova scotia, my 3 student loans were funded by NS Student Assistance (government) and payments made through RESOLVE, not banks anymore. They have been at least since 2010, when I got my first student loan.

      • Eliza May

        As I understand it, verbally acknowledging over the phone will not reset the SOL, it must be a ’cause of action’ such as a payment on it, even as little as a cent. The ‘not admitting’ the debt to a collector is more a pre-emptive action to keep the less aggressive collectors from calling. The pesterers, you have to write them, tell them you owe nothing (if your province’s SOL has passed) tell them to cease all contact with you, and take it to court or you will contact Consumer affairs. Make sure you send it registered or expresspost signature required, and keep a copy of your letter with the tracking/registered letter receipt.

      • dough hart

        Now that you are educated, pay for it…..but I am sure you can negotiate….as they probably took your file on for something like forty cents on the dollar?!!

    • NewWest 123

      Nothing …I used to work for a collection agency and if they call you or harass you in any way, just tell them it is harassment and to stop or your attorney will deal with them. Whatever you do, do Not send any money or this opens the collection again. Some companies or agencies send old debt out to private collection companies for a price and they try to collect on the old debt. They are very good at scaring people. The law on limiting collections is very clear and you can tell them that.

  • Blueivy

    I received a letter from a collection agency (Commercial Credit Adjusters Ltd.) regarding a RBC Student Loan (Ontario Student Loan) from 1996 regarding an outstanding debt of $9,000.00. They say “I have six days to pay the debt in full unless otherwise instructed. We remind you that this delinquent account may have an adverse effect on your credit rating. If we do not hear from you within the specific time frame, further action could be initiated without notice.”

    I have not made contact with this agency. I know this debt was on my credit report many, many years ago.

    Can they collect on a debt that is now 17+ years old? Also, I am sure that the amount they are claiming is mostly interest? What can they do at this time? And is this debt past the SOL time? What are my rights?

  • craig

    Hi, My wife and I have some old debt. We live in Ontario. The housing tribunal ruled against us 10 yrs ago. A collection agency called last month and said if we didnt pay that they would garnish my wifes wages. after 10 yrs can they do that?? The collection agent said that the court order overrules any length or statute and they can take my wifes wages. is this true?

  • Scott

    I just got a Equifax report because my six years is long past and I wanted to check everything out. There is a old RBC overdraft from commercial credit that reported in Jan 2013 stating that was the last payment. That is completely false, I have not made a payment to them for over 6 years. I spoke to commercial credit, and she was going on about the statue of limitations is false and so on, and trying to get me to make an arrangement. I said no I will not make any arrangements. How can they fabricate I made a payment? How should i deal with this. I have been living without credit for years, almost 10 years. I have grown up, and I need to move on. Please advise.

    • Bonnie Lynn Furet

      If you have a different bank now you will need proof that you do not have a current rbc account or didn’t have one in 2013. You may have to get a letter from your rbc branch saying you did not have an account there in 2013.

      That is how they add it to your report. I made 2 disputes and had them both taken off my credit report because i had to send 2 years of hydro bills (one page) proving i did not make the payment as they said because it was in someone else’s name at the time they said i was paying them.

  • kimo

    i have been paying capitol one 10.00 per month i am a senior so I sent my card cut up to capitol one by registered mail i have never missed the 10.00 payment and now they have a default judgement on my property I thought credit cards were unsecured creditors and could not do this please advise I have Parkinson and this is stressing me out

  • John

    I have a Federal/Provincial student loan which I received in Newfoundland. This was in 1999. I applied for interest relief in roughly 2004 and haven’t heard anything or made any payments since. It’s no longer on my credit history on TransUnion or Equifax. I’ve been told different stories from different people about whether these loans can be enforced after so much time has passed. The original loan amount was for just under $7,000. One of the horror stories I’ve heard is from an aunt who told me her bank account was frozen and funds removed because of a 20 year old student loan. This also conflicts with threads I’ve seen on sites similar to this one saying that the statute of limitations had run out and the loans had been written off. What’s the truth about this? Should I consider paying off my loan? Or should I treat it like any other debt that’s gone to collections and forget about it?

    • Chelsea

      WHY ON EARTH WOULD YOU FORGET ABOUT IT? This is a debt that YOU incurred…all people in this forum are ridiculous- you’ve brought all of this upon yourselves- yet everyone bitches and complains when the CREDITOR WANTS THEIR MONEY BACK…. How Ludacris of them…Jeez

    • Credit Collections

      The previous reply to your question was deleted as belonged to a fake account with an IP address that belongs to Commercial Credit Adjusters.

    • Credit Collections

      Banks you owe money to can take your money so I would not bank with whoever wrote the student load. Unless you are planning to go back to school and get another student loan then I would not advise paying it as it’s too old. If you start paying now and its being paid to a collector, they will reset the SOL and put you on the hook for interest. If you do want to pay it, then I would suggest saving the money and NOT make payments. It will be easier for you to negotiate a settlement with ‘cash in hand’ in the future because if you start making payments the collection agency will keep harassing you for more or could take you to court.

      As it stands the debt with no payments in the last two years is not collectible in Newfoundland courts and if no payments have been made within 6 years then it cannot appear on your credit report.

      Student loans are a common debt and the older they are the harder they are to collect. Me personally, I would forget about it.

  • Ddouble

    If it has past the SOL, can they put it on your credit?
    How do you get it removed from your credit rating? Does the SOL restart if they
    Put it on your credit?

    • Chelsea

      Yes, it can still be reported- and will be for 6 years

    • Credit Collections

      No it cannot. Chelsea’s Comment has been deleted because the IP address belongs to Commercial Credit Adjusters. They are a collection agency.

  • Marcus

    I racked up about $9000 between two different credit cards from two different banks. It’s been almost 6 years since I’ve made any contact with anything to do with it. What’s the real story about what’s happening to my debt? Does it just get erased? Can I act like it never happened and just get a bank account again and apply for loans? If I make any attempt to contact the creditors it gets reset? I just want to live a life again free from fear of what could come around the corner. The banks aren’t looking for me right? They sold my debt to the creditors? Any help would be greatly appreciated before I go ahead with anything.

    • Chelsea

      Marcus- not all debt agencies BUY and SELL debts- there is one that I am aware of in BC. CBV Collections. If they original creditor has HIRED a third party to collect on their behalf, deal with it. Honestly. Do the right thing. The banks will be able to tell if you’ve had bad reps with others in the past. Take the initiative and take care of your bills. You’re the only one to blame here.

    • Credit Collections

      Marcus ignore the previous comment by Chelsea. The IP address of the poster belongs to Commercial Credit Adjusters.

  • tammi

    I have gotten a call from a debt collector, trying to collect a debt from over 7 years ago. I told them that “I don’t have any outstanding debts and I’m disputing the debt and I’m advising you to stop all contact and seek legal action.” Then he put his supervisor on the phone. I told his supervisor the same thing and he tried to get me to admit to the debt. I repeated that I do not have any outstanding debt. He asked if I had proof of this and I said, “I have my credit report.” He then told me what debt he was referring to and the date…..2007. I said, “SEVEN years ago.” And he said “yes”.
    Long story short, he asked me to fax in a “stop all calls” letter. He wouldn’t give me the company address but I’ve found it online.
    Do I send them this letter and what exactly should I say in it?

  • Credit Collections

    It appears that our website has had it’s first hit of trolls trying to hide themselves as ‘helpful citizens’. Several comments have been deleted because they have given false information in an attempt to get you to pay collection agencies. The individuals may have used different names and email addresses but the IP address of the posters, are both resolving to cca.ca which is Commercial Credit Adjusters. This site is moderated daily and comments made by these deceivers will be deleted as soon as possible.

    • Dave

      Wow that’s low. Thanks for sharing!

  • Dave

    Can a collection agency hound you out of the blue for a 13 year old Bell Canada debt?

    • Credit Collections

      That’s not uncommon, I have clients that are being contacted for debts older than 20 years. First, they cannot legally collect it, it’s too old, second they can contact you as long as it’s within the guidelines of your provinces credit collecting legislation. They cannot harass you for money though and they cannot lie to you to get the money. If you have the name of the collection company, simply write them a letter and state you do not have an outstanding Bell Canada account and instruct them to stop all communication attempts with you and to pursue the matter with the courts. Inform them that you will make a Consumer complaint with your province if they continue to initiate contact outside of the legal system.

    • steve

      Bell Canada can go suck big ass monkey balls…bunch of faggots…ignore them

  • Ewf004

    Hi all – to my shame I have let part of my student loan spiral out of control and now it’s been 6 years since the last payment – I read below that the ligation act could come into play. How does one enact the protection of limitation with a student loan with the CRA / HRDSC? (If possible) is there a firm / letter one ca use or do I need pro help in this matter?

  • Paul

    I’m just wondering if the SOL applies to the province that the collection agency is located in, or where the debtor lives? For example, if you live in BC, but are contacted by a collection agency from Ontario?

    • Credit Collections

      If your debt took place in BC, then it’s BC’s SOL.

      • Paul

        Ok, thanks. I’m also wondering when the date of discoverability starts? When you are first contacted by a collection agency? Or when? And if a debt is passed on to another agency, is the date of discoverability still the original or does it start over with the new one? Thanks!

        • SmartOneBC

          It starts the last payment you made to the company of the debt. Doesn’t matter how many collection agency’s it goes through.

          The last payment made to the original debtor is when it starts.

          • Paul

            Ok, thanks. :-)

  • Amy

    I had a company called National Recovery Service contact me this morning. I answered the phone but told them I was driving and that I couldn’t speak at the moment. The girl on the phone flipped out and yelled at me saying I owe HBC $2300 for a past due account but would not identify her company or her name. I told her I had never had an account with HBC so there must be a mistake. She continued to yell at me. I told her once again, I am driving and she can call me later but to do some research and give me some detailed information and she better talk to me more respectfully next time. Then after I arrived at my destination I decided to call them back and complain to the manager about the rude girl that had just called me. Well he was a little more civilized but just as bad. He told me my credit report but was in great standing and that I wouldn’t want this past due account to ruin that for me and risk my chances of getting a mortgage one day. He said they would garnish my wages and that I had 24 hours to give them a solution before they take action. When I asked him for more detailed information about the account and explained to him that I had never had an account with HBC he ignored my request and asked me when I could start making payments to which I told him “NEVER” I don’t own that debt in the first place. Apparently it’s roughly 10-11 years old. I understand the SOL would apply here but my question is: Can they screw up my perfect credit??

    • Adrian

      No they can’t. Next time the call tell them you are disputing the debt as it’s NOT yours and that they should take the matter to court. What province are you in? I did a google of National Recovery Service and couldn’t find anything in Canada but I did find an office in Kansas. F rating with 22 complaints! LOL. If it is your debt it’s too old to collect through legal channels so they try to manipulate and trick you into paying it. Just be warned if you did pay it, then they can update the debt as paid on your credit report and it will be there for 6 years.

      • Tracy B

        I received a letter last week from this company as well as numerous “rude” calls demading I contact their legal department. The letter stated I owed HBC as well. I will follow the advise you have offered Adrian as well as advise I have read on various other sites and send a registered letter demanding they cease all contact. I did have an outstanding debt with HBC from 10+ years ago which was paid in full and there is absolutely nothing on my credit report. And from what I understand, even if I hadn’t satisfied the debt in full it’s way past the SOL to do anything about it other than harass.

    • SmartOneBC

      It’s not on your credit report after the sol. Tell them to take a hike and don’t have any debts.

  • Kyle

    Hello, I just received a call from Iqor Canada stating I owe virgin mobile ~$150 from 2009. First off, I have never owned a phone from them and second of all, this has never appeared on my credit report nor have I received anything in writting. Mind you I have moved several times since then but I have had the same number since 2007 so how have they not called me? Are they able to collect? I have not acknowledged the debt by any means but what can I do? I don’t want it to all of a sudden post on my credit report. Thanks!

  • David

    Hi, got a call from a collection agency about a bad cheque from 2003. Wasn’t aware of this debt; They are trying to get an exorbitant amount of interest. The original cheque was about $160.00. They are trying to collect $500.00. Is there anything they can do to collect besides calling you with rude phone calls? Live in BC if that makes any difference.

    • SmartOneBC

      Say you don’t have any debts hang up on them.

  • Rodney

    Hi there …I live in alberta have debt with many collection agency’s when the res session hit I lost my job lost my house everything it’s been 5 years now these people won’t stop calling I haven’t answered any of there calls in 5 years what can I do

    • mason

      Answer the call and do not acknowledge the debt as the SOL may apply.

      • SmartOneBC

        Acknowledging the debt by phone does not reset the sol. Wish people would quit spreading this false info.

        • mason

          Court action can always be taken even after a disputed sol. May not go far but To me the best would be to not acknowledge the debt.

          • SmartOneBC

            NO it can’t quit spreading false information. Bet your a collection agency TROLL…….

            Once a debt has reached SOL it’s off your credit. A person owes NOTHING an owes the harassing collection agency squat! Just hang up and ignore them.

            The usual you have 10 days to pay, fake legal documents etc is all they have left to try and trick you to send a payment. Even 5cents.

            Eventually they will give up an sell your account to someone else and they will try again. Round and Round. Good thing only so many collection agency’s in Canada. Sooner or later you will go through them all and they won’t buy an account that will never pay.

            Remember they bought your debt for pennies on the dollar. Only one to make money is the collection agency. The company has already written off the debt (you owed money too)

            Collection agencies are the scum of the earth! Why telephone companies created call blocking!

          • mason

            Not acknowledging is basically the same as ignoring. Btw I am not a troll …a search for SOL brought me here. I was in dispute with a company that had made an error and I always said that I did not owe anyone anything.

  • Rodney

    Have had debt in alberta for 5 years haven’t an sewed the phone on this debt for 5 years what can they do?

    • steve

      change your number…problem solved

  • Rodney

    So have had run of bad luck 5 years ago now these people call ever day for the llast years I haven’t answered the phone what can I do to get rid of these calls?

  • Zoltan

    I received a letter by registered mail for collection of of a credit card debt from a law firm representing RBC bank. the amount is 10,305. What is the likelihood they will pursue a garnishment of wages? Should I acknowledge the letter and offer a payment plan? The account is in mine and my Ex wife’s name. I live in BC. The statute of limitations has not passed

    • SmartOneBC

      You can take your chances but since the sol isn’t even close and is a bank. Don’t see much recourse for you. Depending how much the debt is the bank may or may not go after you aggressively.

  • Alex

    Hi. I have a credit card debt for an initial amount of $11500, i lost my job twice since 2007, and the account went on collection. My last date of activity on my credit report is december of 2009, since then i had a few different collection agencies contacting me. The most recent one is about a month ago stating that i owe $17000 and the usual story behind. I sent them a few emails offering them a sum of money, i have a good and steady job now, but still a lot less than the $17000. Can they reset the SOL because of my emails. Thank you.

  • Alex

    For my question previously, i have to add that i am in Quebec.

  • http://batman-news.com Mel

    Hi, I have a government student loan from 2007 that is unpaid. About 4 years ago the government started keeping all the money I was supposed to get back from my income taxes. I am a single mother of a child with a disability. Needless to say, I usually receive back a large amount. This year I decided to contacte the government to see where my debt is at. It should be paid by now! The federal government told me that they would not seize my return money anymore because of the SOL. But when talking to the provincial government, all the guy would say is “no, we don’t have that SOL law. You have to pay and we will continue to seize your income tax money until the debt is cleared” So I asked if I could make installements instead, so they could leave me my income tax money. He said “Why would we do that? You can’t do anything, we will continue to seize your income tax money”. I’ve tried to call at least 5 different times and it is always the same guy. And he will not let me talk to anyone else! He told me the amount owed and the debt did not go down, it went up becausse of the high interest rate! And I can’t stop paying because they just seize my income taxes! I am so frustrated! Someone suggested not filing my taxes at all. Is this what I should do? And why would the federal government apply the SOL and not the provincial government? My student loan was in New Brunswick.
    Thank you for any advice you may have!

  • RealTalk

    In 2011 I was contacted by a company asking about a debt that I owed for a credit card from 2005. I acknowledged the debt verbally (not knowing my rights at the time). I was wondering if that would have reset the SOL. I have recently been contacted by a collection company. I have no idea if it is for the same debt as I hang up on them before they can say more than asking for me by name. , It must be, because I have no other outstanding debts.

    Basically my question is, what is required to reset a debt, can it be reset through a verbal acknowledgement or do I need to provide a written statement or make a partial payment?.

    Also, what are the ways that they can reset the SOL without my knowledge. Can they file a statement of claim on the debt and then withdraw it, solely for the purpose of resetting the SOL?

    • Wayne

      I’m on this one. I acknowledged said I would try to get money to pay em off sent email later saying I couldn’t. Nothing hand written or signed …. Did I restart it the sol. New Brunswick here

    • SmartOneBC

      Verbal is not acknowledging the debt. Till money changes hands you haven’t acknowledged the debt legally. Just ignore them.

  • Futures Trader

    I have a question regarding my credit report. Here is some background on my situation. I had a business (2009) that went under and had some bad personal debts due to the business failure. I was looking at claiming bankruptcy at the time, however I was advised that my best course of action was to wait until I was served with a judgement before claiming bankruptcy. I did that and was never served nor, to my knowledge, been sued. the last payments I made on my debts (which included, 2 unsecured credit cards and 2 line of credits) was Oct 2009.

    I recently had requested my credit report where I have 2 last activity reports from 05/2010 and 10/2010. I have not acknowledged the debt. The only thing I can think of was a phone call I received (approx. 05/10) that as soon as I heard it was a collection agency I hung up. The other incident from 10/2010 shows up as me opening an account with one of the debtors 01/2010. This is untrue as it is a chequing account (opened 2004) which had an overdraft that they kept using to pay minimum payments. This account was overdrawn.
    My question is: Can the last activity be related to that phone call? What can I do about this? and about the chequing account that is obviously created to extend the 6 year limit.

    Thanks in advance for your reply.

    • mason

      I would say no but I am an expert.

    • Eliza May

      Nobody can open an account in your name legally, to do so is fraud. Did you not close the 2004 account? Contacting an institution about activity on an account that you yourself have not used in years, is not admitting to anything, it is checking to see who has been using your account without authorization (fraud). It is also illegal to be putting payments against an overdraft, as that is forcing you to take a loan without your consent or signature.

    • Eliza May

      Also for that chequing acount, did they ever provide statements of account or contact you about a growing overdraft?

      • Futures Trader

        Eliza, Thank you for the responses. As to what I can remember, no. They had not contacted me. They may have sent statements, I don’t have the statements on hand. The only reason, I can see them doing that, is when my overdraft went into arrears. Time frame works for that scenario, but without looking at the statements, that’s just speculation.

  • Toney

    I have credit cards debt where all my purchases were made in Quebec and move to BC, which statue of limitation applies ?

  • Enrique

    I am hoping you can answer a couple of questions for me. I am wondering how long it takes a debt to drop off your credit report after the SOL has been reached. Also, if you don’t know when the SOL “timer” started and you’re not sure how long it’s been since the last activity on the delinquent account, how would you get this information without acknowledging the debt is yours?

    • SmartOneBC

      Most provinces the sol is 6 years. You can simply write a letter to equifax or trans union and request a copy of your credit file. It’s free, or you can pay a small fee to the credit companies I mentioned to see your history online..

      You can then see what is or isn’t on your file.

  • Stressedmom

    We left PEI and moved west because we couldn’t afford to feed our family. We gave two months notice we were terminating the lease because we just couldn’t make ends meet. The landlord agreed to this and said he would charge us two months rent for breaking the lease. Things are tough and we haven’t gotten paid yet in full but I did send him $300 last month and he is threatening now to get a judgement for the rest of the year if we don’t pay. Balance in full. Can he do that? If so, what happens who there is a judgement?

    • Eliza May

      Did he say how long you had to pay the two month’s rent? Anything in writing? You did agree to pay two month’s rent so that is a verbal agreement. However if there was nothing said about how long you had to pay it completely off, a judge hopefully would consider your current financial situation. In your favour, the fact you made a partial payment and that the landlord accepted it -this supports you had a verbal agreement for two months in lieu of the remainder of the lease term, or the landlord would have submitted the full claim to Residential Tenancies immediately for the entire amount – accepting partial payment of a debt implies tacit agreement to your agreed-on verbal payment terms of two months. But I wouldn’t take forever payingit off – even $20 a month supports your honest and good intent to pay the debt.
      The landlord was fully aware of your poor financial circumstances when he agrred to let you break your lease. As a final note, if he then rented your unit the following month or the one after, he has mitigated his loss as the law requires, and should not seek to make profit.

  • Susan Stirling

    I had an overdraft back in 2003 with RBC that was not paid….due to circumstances I won’t get into here. I contacted RBC back in 2005 to re instate my account and they said once my overdraft was taken care of they would open the account again. I was not in a financial position again to try and pay this off. Last I heard until NCO Financial called yesterday. I had totally forgotten about this debt and due to serious illness issues am on a disability so still not in a position to pay. Can this company still try and get me to pay for this? I told the person it was so long ago and yes I could remember and now they want payment immediately and will give me a deal on less interest. I just need help as to where they legally stand and if I now have to pay for this. The person said go to relatives/friends or my bank now and they will call me back in a few days. Any advice would be appreciated.
    Thanks

  • Cookie

    I went through a separation in 2008 and was left with all the debt incurred in the marriage. One of the debts has just recently come back to haunt me. The last activity or payment on this debt was in 2008. I received a letter from a lawyer who acts on behalf of a Collection Agency threatening me with legal action. The letter reads “TAKE NOTICE that unless the aforesaid sum is paid within 10 days of receipt of this letter my instructions are to commence legal proceedings to collect this account without further notice”. It then states that “You may avoid this action by making paymnet in full within 10 business days. If you rpayment is not receveid within 10 days, your nest communication from me won behalf of my client may be service on you in either a Notice of Claim (Provincial Court) or Notice of Civil Claim (Supreme Court). It goes on to threaten garishment proceedings or seizure of my property. The debt was 15,000 at the time of default. They are now stating that I am indebted to this Collection Agency for $43,749. This is ludicrous. What should I do? I have not called or reponded in any way to this letter.

    • SmartOneBC

      Just ignore them it’s a scare tactic for you to pay them anything. If you even pay .01 you acknowledge the debt and screw yourself. It’s the usual we will send the lawyers after you if you don’t pay in x amount of days or commit to a payment plan.

  • Jo

    Hi.

    This has been going on, off and on for a couple years now and it scares me everytime. I got a call on my cell today from a company that internet tells me is CRS Apparently they deal with Canadian Tire MC, which I did have. A limit of $1000 and I last used it 10 years ago, probably went to collections 8 or 9 years ago. I do not want to deal with these people, I have enough on my plate right now.

    Can I safely ignore them?

    • SmartOneBC

      Just ignore the calls and letters. The SOL has long passed if you ignored the debt. You can easily get a credit report and check your credit file to make sure it’s really gone. If you send a request by snail mail it’s free to get your credit report.

  • http://www.coralseamercantile.com.au Coral Mercintile

    Very good information about Canadian debts. There are statue of limitations about the Australian states for debt collection.

    New South Wales: Simple contract: 6 years. Court judgment: 12 years

    Northern Territory: Simple contract: 3 years. Court judgment: 12 years

    Queensland: Simple contract: 6 years. Court judgment: 12 years

    South Australia: Simple contract: 6 years. Court judgment: 15 years

    Tasmania: Simple contract: 6 years. Court judgment: 12 years

    Victoria: Simple contract: 6 years. Court judgment: 15 years

    Western Australia: Simple contract: 6 years. Court judgment: 12 years

  • Dac111

    Hi … Both my wife and i have signed a promissory note. my wife has been the only one making payments for the last 2.5 years . i have had no dealing with the creditor.

    Q?.. Do her payments Bind me to the debit or do i fall under statute of limitations? help i am now being sued for a debit. that is not my responsibility.

    • SmartOneBC

      Being married and you both signed the promissory note, you’re both tied to the debt.

      If she was making payments there is no SOL. When was the last payment made?

  • Jpm

    Hello, I pulled a equifax report on June 9 th of this year and found a collection on it. The date assigned was sept/2013, but the date of the last payment was on February / 2010. I know what it is, I cashed a paycheque from my old boss, at money mart and he bounced it. He assured me he would take care of it, and he must of paid most of it back, but left $540.00 really nice guy! Because that’s what is showing for the amount. I was having a difficult time getting back on my feet and didn’t have a bank account at the time. I’ve never heard back from money mart in regards to this since the initial bouncing, nor have I ever heard form the collection agency that reported this to my bureau, in regards to this. So how can they put this on my report? I have also started an investigation with equifax, disputing the debt, what else if anything should I be doing to remove this from my credit report?

    • SmartOneBC

      They probably put a NSF fee on your account and since you never went back kept adding up. Is what i would assume. Since it was on your account so long, they sent it to collections. I am sure they tried getting a hold of you. You probably moved/changed your phone number..

      A collection agency can find you pretty quick if working.

      You will have to get all the information needed from Money Mart. Sure you have had something from a collection agency more then once. It’s not up to equifax to prove the debt isn’t yours.

      Worse case scenario get all your ducks in a row and take this ex boss to small claims court to get the money out of him.

      It’s on your credit regardless now for 6 years. Unless you win the disputed debt claim.

      • Jpm

        Not quite sure I understand, I thought the statute of limitations was 2 years? This debt goes back to 2010? So the collection agency can’t sue but post it on my bureau even after 2 years?

  • GoldenLady

    My Uncle purchased a home in Edmonton Alberta back in 1991. We recieved a phone call from a debt collector the other day (2014) stating that there was an unpaid balance of $26,000.000 on the home.. In the 23 years he has lived in the house, he has never recieved a notice saying he owed any more money on the house. They have now put a lien against this property. My question is, can they do this.

    My Uncle says he doesn’t owe any body anything and asked the debt collector why it took 23 years to file a lien. He got no response to his question. Is my uncle still responsible for this 26,000.00 even if there has been no contact for 23 years.

    • Eliza May

      Late reply I know – Do not admit to owing it (good he has already stated he doesn’t owe). Contact the original financial institution for the mortgage, check out any lawyer /closing docs he had at the time for the mortgage, call the lawyer that handled the purchase.
      Also, what form has this lien taken? Just a phone call? Take any documents purporting to be a lien, to your municipal court whereliens are registered to check if it even legitimate, and if the lien is actually registered, the name of the company registering their lien, and their proof of debt.

  • paleguy

    my brother’s student loan has called looking for him…he last paid on it in 2001, i believe it was a quebec bank…does he statute of limitations cover this?

    • http://windsordebtrelief.ca New Beginnings Debt Consulting

      Paleguy, see our comment above at the top of this blog. Student loans have different limitation periods. If your student loans are 7 years old or older you can file for Bankruptcy, file a consumer proposal or negotiate a reduced settlement. Student loans do not fall under normal limitation periods as the government of Canada and Provinces can withhold taxes, HST and provincial credits until the debt has been satisfied. If you have any questions e-mail us at shannon@beginnings-new.ca with your phone number and a good time to reach you and we can discuss your brother’s situation in more detail.

  • DeepC

    Hello,
    I recently got my credit report, to find out a cell phone company that I had an account with in 2009. Reported me to a collection agency 3yrs and a month later. after my account was suppose to be closed. I did not have a contract with them; I didn’t know cell phone companies were allowed to send your account to collections. Which leads to my next question is there a minimum amount for collection agencies try to collect the debt once the company has written off?

  • Sam

    Hi, I live in Ottawa Ontario, I have debts that were reported back in 2011 (Ones where the original collection agency sold the outstanding balance to another agency once we settled.) Going by what’s written above. They cannot pursue by lawsuit but they can still report the debts to credit bureaus and harass me? The 2 years are set once the collection agency acquires the debt? Or does the time frame start the date the original creditor reports it to the bureaus? I have been good on my end and settled my debts with the agencies.. but this is ridiculous! Thanks to all who help!

    • Eliza May

      From my understanding it is the last date of activity on your account (a legtimate payment made on it), or an admission that the debt is yours to a collector.

  • Nick

    How long can a debt be put in for collection in Ontario and be reported on your bureau? My bank informed me tonight that I have a collection report on my bureau from march of 2013, yet I have done no business with this company since October 2009. Are they legal allowed to list this unknown debt 4 years later on my bureau?

    • Bonnie Lynn Furet

      you can dispute it with the collection company (equifax or transunion) but you need to prove you have had no contact since 2009 and no payments since then. It will still be on your report for another year at least. Google both those companies and request copy (free) of credit report then once you see it there dispute the date

  • saywhat

    I have a question regarding resetting of the statute of limitations. I have an old loan from the Atlantic Canada Opportunity Agency (ACOA). This is a government agency. Whenever I have a tax refund it says on my notice of assessment that the amount has been payed toward the loan. Is this the same as making payments on the loan? BTW the loan is over 10 years old.

    • Eliza May

      It is paying down the balanceof the loan, so it is a payment of sorts. I would request a statement of account from ACOA. Government seems to do whatever they want – cannot say in this case if it’s founded or not, you should look at your original contract.

  • Brinksgurl

    I have had my named changed for 10 years and now I am having a creditor call and ask for me in my maiden name what do I do ?

    • Eliza May

      Answer the calls with, “I am sorry, that person doesn’t live here’. Legally your maiden name is no longer the name you do business with under the law. Just save yourself the hassle since limitations have more than run out.
      I am sure youresolved this by now sine your post is eight years old when I am reading it, but it may helpsoeone else in your situation.

  • Heather

    I have recently been contacted over a credit card that I held almost 5 years ago. The last payment was made July/09 while I was living in BC. I obtained the card in Alberta and currently live in Saskatchewan as a unemployed housewife. My question is which province’s statutes apply to my situation?

  • ash

    I had a phone bill that went to collections at least 8 years ago. I never recevied a single letter or call from any agency and only found out about it when i tried to get a credit card. Should this still be on my credit report and if its not what do i do about it.

  • C. George

    Hi. I had 2 years to go on a seven year car loan when the vehicle crapped out on me. I tried to get the bank to refinance the car so I could fix it and fold the balance into a new loan. Alternatively I suggested they fold the balance into a newer model loan. The figures were reasonable and I had previously made every payment on time. But I was turned down. So the car has been sitting useless in my driveway for 2 years. I want to give it away to Kidney Car. Can I legally do that?

  • Stressed

    I went through some rough times and was unable to pay for my car and line of credit… I asked the bank to pickup the car, but they just wrote it off. This was about 4 years ago +

    I just received a letter from a collection agency, saying they are adding interest to the loan… can they do that?? The original debt was written off by the bank, now the collection agency is adding interest??

    Live in Alberta and purchased car here.. short stint in BC and Texas

    • Adrian

      law in Aberta is seize or sue for personal vehicles. Check your contract for interest %. If the bank wrote the debt off this has now been purchased by a collection agency. If you gave back the vehicle then they can collect nothing. If you still have the vehicle and its past two years from last payment then the SOL has expired and they cannot sue. You may also want to do a lien search on the vehicle to see if its clear or still in place.

      • Stressed

        Yes there is a lien on the vehicle…and it has been past 2 years.. going on 4 years now. I tried giving them the car back and wish they would still pick it up…

        Also, thank you for your reply and for this website.. it has been very helpful.

  • craigy_s21

    Here’s one for you: I worked as an insurance salesman for an insurance company back in 2009 for straight commission. I left the company in November 2009. I never received anything from anyone from this company since that time. I did move shortly after leaving that company, but I have the same phone number.
    A couple months ago when checking my Equifax report I had a collection report on there from Bond Street Collections with a $700 debt from the insurance company. I emailed the insurance company to find out what the deal is because I never purchased anything. An agent from said company called me back saying that I owe them money for deals that didn’t go through and that I wasn’t vested. OK, but why wasn’t I contacted, and how did not only they fail to contact me, but the collection agency failed to contact me as well.
    I mentioned to the agent that there is a SOL of 2 years in Canada for debt collection and that they didn’t even follow proper due diligence in order to contact me. He claimed it didn’t matter. I demanded that he remove the Collection Report and to send me everything he has in his file to me for review. He refused until I was irate enough that he said okay to sending me the file.
    Assuming I get my file, what do I do? I want the Report of my credit file but I also don’t want to pay these guys because I feel I’m getting scammed, PLUS, it took them all this time to get to me. Please help!

  • rami

    hi i have 3 credits card for almost 13000$ in total and its been like 5 years and i didnt pay anything and till now the cca is trying to contact me but i answered only one time.
    what shall i do? my friend told me not to pay and wait 2 more years is that true?
    plz any suggestion?

    • Adrian

      Depends on province

  • Guest

    CIBC has sent (via registered mail) what looks to be legitimate small claims court papers for an outstanding CIBC Visa debt. They have stated in a letter attached by their lawyer that they can put a lien on my house. It says I have 20 days to respond for the small claims file. I have not had contact with CIBC Visa or made a payment for 2+ years (other than picking up this letter at the post office). I am unsure what to do next. What will happen if I don’t acknowledge the letter (other than the fact they know I picked it up)? There doesn’t seem to be a set court date in the papers that I can see. Thank you in advance for any advice/guidance.

    • Adrian

      What province did the debt occur?

      • Hmmmm

        Ontario ~ sorry for the double post (having pc issues)

        • Adrian

          You can either ignore it and if they do get a court date, if you are a no show and they cannot show that you have acknowledged the debt it will be thrown out. Or you can respond in writing to wherever the letter states that you do not recognize the debt and are disputing it. If this is an official small claims notice it will have the province of Ontario on the documents. If not, Google the phone numbers that may be on the letter and the address. I could be a collector trying to scare you into paying up. As long as you don’t acknowledge the debt and have not made a payment on the debt within the last two years it cannot be pursued in court within Ontario.

          • Hmmmm

            Wondering if they would stoop to making up something to say it has been acknowledged but hoping they would have to have solid proof as there is none. Pretty scary to think they could go ahead with judgement in his absence. I guess it can’t be worse than him being there though. Thank you Adrian. I will relay this information to my Father.

          • Salsa

            Hi Adrian. I have a similar case with RBC, however there are two debts: 1 credit card under my name only, that I haven’t made any payments in the last 8 months. And one line of credit joint with my ex wife, which is being paid in a monthly basis, never late on that one.
            I got a statement of claim from the Superior court of Ontario regarding both debts and they demand to pay them both in full. I responded with an “intention to defend” letter, a month ago, and haven’t done anything about it.
            First question: can they do default judgement and force us to pay the line of credit in full even though it is being paid every month??
            Second question: how could I propose a monthly settlement for the line of credit, to guarantee them that we will pay that debt, without acknowledging the credit card debt?
            Thanks in advanced

          • Adrian

            At this point it sounds like the debt is not old enough that acknowledging the debt will not affect anything. They are trying to pursue a judgement so doing nothing will not be of benefit to you. Depending on the amount and what you can afford compared to your assets, I would seek out legal advice in Ontario and do it soon. I certainly do not advocate bankruptcy or consumer proposal but in your case you will have to balance the pros to to cons. As for your second question, a monthly settlement offer is what you would have to present to the Court since it has advanced to a hearing. Your assets to debt ratio would be taken into consideration. As for the joint account, if you are making the payments and have not violated the terms of the credit agreement, RBC would have to have an exceptional reason to demand payment in full. Keep making those payments so it’s just the credit card you have to deal with. Contact a few credit counsellors and even a consumer proposal/bankrupcy in your area and take everything with you. Then make a decision as to how to proceed that best benefits your situation.

  • Hmmmm

    CIBC has sent (via registered mail) what looks to be legitimate small claims court papers for an outstanding CIBC Visa debt. They have stated in a letter attached by their lawyer that they can put a lien on the house of the debtor. It says the debtor has 20 days to respond for the small claims file. They have not had contact with CIBC Visa or made a payment for 2+ years (other than picking up this letter at the post office having signed for it). They are unsure what to do next. What will happen if they do nothing? There doesn’t seem to be a set court date in the papers. Thank you in advance for any advice/guidance.

    • Hmmmm

      Asking for my parent ~ hence the different posts (thought it would be better to be clear that it isn’t my debt in case questions are asked that I cannot immediately answer). Not deleting the first post as Adrian was already kind enough to reply to it.

      • Hmmmm

        … and not deleting this post as I signed in as a guest and can’t seem to, lol ~ feel free to delete if you’d like 😉

  • Tuddy

    Hi…I had financial problems 9 years ago I did credit council till I couldn’t do it anymore and in 2013 ..I got this debt collector send me a letter looked like a flyer at first was not a formal letter saying I owed money…wrote a debt collector letter to ask for a copy of the original debt sent it registered mail and didn’t hear back from till may 2013 which at this time they said dear miss or mr they didn’t even know my gender and said to provide name address if I was the person they were looking for why ask me all this info and shortly after that I got another photo copy flyer from another collection agency saying I owed them money but they do not say who I owe money to, what do I do when they don’t send me a signed contract after requesting one…this is so stressful…I won’t call them they got a hold of my unlisted number and have started to call my home, I have read some things here but I won’t admit to anything until I see it formal not a photo copy flyer …any advice would be appreicated

    • Adrian

      Check the statute of limitations for the debt. If you receive any more ignore then.

      • Eliza May

        The worst part is the phone calls, letters are easy to dismiss. To point ( not to hijack this post, but the guy above is complaining they are calling his unlisted number now):

        My 70 year old mother owed for a Sears card back at least 25 years ago, and her mind is now to a point where she forgets things all the time/dementia is setting in. I just moved her back from Ontario to my town Nova Scotia 3 weeks ago, and the moment there was a phone in her name, the calls started coming. It is so stressful for her and because her mind is frail she will try and debate with them about how old it is, tell them she has been disabled for 20+ years (the reason for the card defaulting in the first place) and on ODSP – in short she admitted that she owed it.
        These people can be relentless, and apparently, they are becoming generational since it is now up to me, her daughter, to step in, have her number changed and delisted, and counsel her to tell them ‘she is not the droid they’re looking for’ in order to get them to leave her in peace.
        Now as Tuddy above tells us, these folks are calling unlisted numbers to harry and pester?!
        This is horrifying.

  • Fawx1974

    I have been contacted recently by FDR (financial Debt Recovery) in the last few weeks about a Zellers debt from 1998… they say its about $1900.. all they have as far as I know is my first and last name and my SIN. I have not admitted to the debt as I can not remember opening a Zellers acount 16 yrs ago.. what are my options with them?

    • MamaJ

      You can simply tell them that you have no knowledge of this debt, and that either way the statute of limitations has been passed and therefore they have no legal recourse. If you admit to the debt then they can re-enter it onto your credit history and pursue legal action.

  • Adrian

    LOL. It amazes me how collectors try to collect on some of these old debts. There is nothing they can do to legally collect it so they will try to intimidate and manipulate you into paying. You don’t have to pay anything it is too old. What you can do is tell them if they call that you don’t have an account and that you are disputing it and that they can stop calling and take you to court of you will file a complaint with consumer affairs against them. If it’s a letter, you will.likely only get two and go away. Letters are not so much of a nuisance as calls but once they realize you won’t be intimidated into paying they will go away until the debt is sold to someone else. Unfortunately these debts never fully go away as they are sold from collector to collector over and over again. Making payments of promising to pay will increase the issue and not in your favour.

    • Adrian

      Sorry for the typos. One a mobile device :)

  • Scott Taylor

    Hi I have an issue with an old debt that is over 7 years old ..and my credit report says that the most recent activity was last year put that is false I have not made any payments or acknowledged that debt ever ..how can the use false info on my credit report

  • Irene Black

    Hi there – I had a Hudson bay credit card and back in 2003, I hurt myself and was on WSIB. Zellers no longer exists, yet I keep getting calls from this collection agency saying I owe $3000. Now the last time anything was paid was 2003 or 2004 and that was through the insurance I had on the credit card. I never made any payments after around 2003-2004 on this account. When I consolidated my mortgage and such, on the credit report it shows Hudson bay (zellers) balance at a 0 – that it was written off. The bank didn’t even want to add that into my debt. This collection agency is calling saying that they have sent me letters which I never received. Also said I was nothing that but a liar. I had asked the last guy who called in May about the amount and if I did owe it, could he find out a amount and a payment plan if possible. This guys told me I did no such thing and he was issuing a letter to have me sued and he also said he would be very happy to see me ger sued and have my wages garinished. Now I am wondering if after all this time are they able to sue me, Do I have to legally pay this agency the 3000 and can they sue me? I live in Hamilton Ontario Canada and I am very worried about this now.

  • Irene Black

    Hi there. in 2003 – I was hurt at work, and due to this, was unable to pay off a credit card. The insurance covered minimum payments for a while. The last 3 years, I have received calls from 3 different collection agencies. The most recent states they are now going to take me to court, sue me, garinish my wages etc etc.. I spoke with someone in May from this collection agency and asked if I am liable to pay, would he be able to find out amount we could possible agree on, and a payment plan. That person never called me back. Instead, today received a call from a guy saying I owe 3000 and I have to pay. That I am nothing but a liar and they have also sent me notices in mail. I have yet to ever receive a notice from this place. Again the last time I made any payments to this credit card was back in2003 just before I was hurt. I am wondering about this and what could happen. Also a month ago – I did a consolidation with my credit, it shows this account as closed, and written off at a 0 balance. The bank was not at all interested in this either.
    I am in Ontario and not sure about whether they can force me to pay this after all this time? I have never paid this agency or any other one any $$ nor have I ever agreed to.
    Any help on this would be great. I am tired of these people telling me I am noting but a LIAR and his words today were – ” you are one person I cant wait to see be sued. I will be happy when we sue you and take your wages off you”. Also – when I tried to get their number, they block it so I cannot call back to them..I don’t even know the name of company at all
    Thanks for any information.

    • Eliza May

      First off, do not admit to owing the debt to ANYONE. It is not a lie your statute of limitations is met and well over with. Also consider this: it must be three different that have bought this debt from one another, because you cannot owe the same bill to three separate parties and be expected to pay the same bill three times. So the first two likely figured they would get nothing and each sold it on to another company who belives they can be nastier, scarier and more intimidating than the previous ones and * they* will frighten the money out of you, that you are hearing from this latest company. And they are indeed being nasty, scary and intimidating, aren’t they? Downright rude, these guys are. Tell them if they want to contact you, it must be by written format only, and provide them with your legitimate mailing address. AGAIN, do NOT admit to the debt, just tell them you are interested in seeing the details of the debt because to your knowledge you owe nothing to anyone. (That will give you their address and contact information so you can contact Consumer affairs and lodge a complaint if need be – but do not tell them that). When you get their letter, write back to them by xpresspost or Registered mail. Advise them that you do not acknowledge the debt, that if there ever had been such a debt that the statute of limitations would have long since passed, and they will need to take you to court to get money from someone who does not owe them. Make certain to keep your Xpresspost / Registered mail receipt and a photocopy of the letter you send them as proof of your response to them.

  • Willie

    Hello,
    My question is regarding a credit card that I had in 2008. I was unable to make the payments due to 2 major back surgeries. It was a $5000 limit. Recently my credit stated that it has reached $13,000 and is still active. Yet I have not payments for over 6 years. Can you tell me what is happening and what I should expect?

  • UB

    Go to the link below to read the court case of someone who successfully sued Financial Debt Recovery Limited (FDR) in April, 2000 in the Ontario Superior Court of Justice as a result of their harassment of him. He sued then for $15,000 and the courts awarded him $20,000 damages for emotional suffering and loss of income and $20,000.00 for damages for
    defamation. The Court limited the amount awarded to the plaintiff to $25,000 plus $840.00 in expenses because of procedural reasons.

    http://aix1.uottawa.ca/~srodgers/rtf/tran.rtf

  • Willie

    Please Help!

    How long does an unpaid credit card stay on your credit history.

    I went through a series of back surgeries that resulted in defaulting my credit card. I have now retrained myself and am getting back on track and want to buy a house for my family. How long do you think until this can happen from date of default?

    • Bonnie Lynn Furet

      it takes 6 years for something to fall off your credit report. Have you ever thought of paying on the debt? If you want to buy A house you need a down payment. You can use some of that to clear your debt then no worries

      • Willie

        It has been almost 6 years and I have not been able to fully recover in my career. I had to start over in a new profession. I was told to wait until the debt clears itself. If I start paying, the 6 years will reset itself.

        • Celine Grasdal

          Exactly Willie, if you give them even a buck it resets the 6 years. I bet Bonnie is a collector again.

          • Willie

            That is what I thought regarding the reset. I will wait patiently for it to be cleared I suppose. I have to borrow the down payment for the house purchase anyways otherwise I would consider paying it off.

        • Adrian

          If its almost 6 years then do nothing. If you pay it and it’s updated as paid it will be on your credit report for another 6 years. If you do want to pay it. Wait until the debt has been removed and negotiate payment for the full amount t with the original creditor. If the original creditor send you to the collector because the debt has been purchased and written off by the creditor then don’t pay it. It will just be more aggregation than it is worse at this late in the game. Do not pay the collector!

          • Willie

            Thanks. That is what I will do.

      • Adrian

        It’s a maximum of 6 years from date of last payment or if none the date of last activity from the original creditor. If ANYONE pays a debt that has gone to collection it will be updated as paid and will remain on the credit file for 6 years from that date. Wait the 6 years if it has already been reported. If it hasn’t you can negotiate that with the ORIGINAL creditor. Once a collection agency has reported a debt they will not remove it no matter what they promise.

        • Jonny

          Sorry to be thick Adrian, but I’m not sure I understand what you mean by “anyone”. Can say, the collection agency pay a dollar on the account on your behalf, without your permission, just for the purpose of resetting the six years?

  • sd

    I am get

  • sd

    Hi I am getting calls on a speeding ticket that I got 12 years ago, I know I paid it but have no way of proving as I only keep files for 7 years, can they still try and collect on this?

    • Adrian

      check with the registries. If its not on file with them then tell the collector it was paid through the Registries and they need to update their information by contacting the registries. If they refuse tell them that you are disputing the debt and will be filing a complaint with your provinces consumer affairs.

  • nikana

    I have been shopping with The Shopping Channel (TSC) for a year now and
    have spent well over $2500.00, They have recently connected me to an
    address that I use to live at with my husband. My husband owed them
    $95.00 for a debt that was from 2009,(7 years ago). Well, they have put a
    block on my account until the $95.00 is paid. I explained to them that I
    neither live with my husband or at the address in question and that it
    is his debt not mine. They say until this amount is paid we cannot
    unblock your account. I am in shock, how can they do this or can they? I
    guess a mere $95,00 is worth more than a loyal customer. Any
    suggestions please.

    • Adrian

      Copy and pasting the same question within two hours of posting the original question is not going to get you an answer any faster. This is a free website that gets answered when I have the time. I suggest you work it out with your husband or the Shopping Network.

      • Eliza May

        Not sure why, but the site seems to have quite a few double postings, they may not be on purpose..

  • Vincent Kennedy

    Back when I was 18 I was young and dumb with my first credit card anyways long story short it went to collections, the date of last activity is in 2009 today my new bank told me that this debt unless paid will never come off of my credit report is that true? Am I better off paying it now?

  • Pete Richards

    I had a car loan in Saskatchewan that I defaulted on 14 years ago when I lost my job. I moved province soon after I defaulted. Now almost 15 years later I had aro collections calling my cell for payment. I have had nothing to do with this debt for almost 15 years. I have lived in the Yukon for 9 years now. What SOL would apply? Saskatchewan or Yukon?

  • dunnright

    Hi – little freaked out here. Over 14 years ago I was on disability here in Ontario. I took student loans and went back to school. Eventually I landed a decent job but at first it was tough sledding. I started paying back my first Student Loans to RBC but then the next loan became due, and the next, etc. The amount was far more then a man with 3 kids and a mortgage could afford. I had excellent credit but had to go bankrupt. I didn’t have that much debt at the time – less then $17k. I was told to stop paying RBC as you cannot pick and choose who you pay and it could cause a forfeit of the bankruptcy. Eventually my bankruptcy went through and slowly over time I was contacted by Collection Agencies. The Federal portion I setup payment plans with them and they’ve taken my Income Tax etc for the last 10+ years but the end is near. The ones in Collection – and there were multiple – I paid. Every one. Have letters from them all saying the debt is 0. However as time passed I kept having trouble rebuilding my credit. It turns out that RBC kept posting that I hadn’t paid them and owed them over $11k. I contacted them and told them it went to collections and I paid it. I had proof. I faxed them the proof and hadn’t heard back from them. I assumed it was gone and done. I am about to remortgage my house in the next 3 weeks – I have turned my credit around completely and am very proud of this fact. Then today – as I see many others recently have gotten – I received a letter form some agency telling me I owe RBC $18063.57 – that is a total of $6819 more then they reported I owed them in March of 2013!! The letter says I have 72 hours to pay it or to contact them and make arrangements. I am worried as I am just about to remortgage – within 3 weeks. I do NOT owe this money and IF I did – these loans are from 13-14 years ago! I do not have $18k to pay anyone. I am down to owing the Federal Gov’t $13k from $27k and that was hard enough – not withstanding the other $11k I’ve paid to collections already. What do I do? Freaking out here.

    • dunnright

      The company who sent the letter is Alliance Collections Services. I was thinking I would just ignore them after reading the responses to this blog but when I came into work this morning there was a phone message left here for me on my work phone. Really hoping to get advise before speaking to them. Above I said the loans are 13 -14 years old but at an absolute minimum 12 years is how long it has been since i last paid on this loan directly – but having said that – I have paid over $12k to collections already and am believing that I have paid this debt.

  • John

    Hello both my parents passed away and my father in 2003 and my mother in 2007 i got any money they had because i am an only child (which was not much ) I did not know my mothers final taxes were not done and had them done in 2010 for the year of 2007. When they came back she owed 78,000 +. Do I have to pay this

  • F. Skinner

    Hi there! My husband received a call from a debt collector a couple days ago, I talked to them for him and acknowledged the debt over the phone. Will this reset the SOL? Or does the acknowledgement have to be in writing by my husband? I was an authorized card holder on the credit card account but he was the main account holder.
    Thanks in advance for any help!
    F.Skinner

  • confused in quebec

    My boyfriend co-signed on a small loan for a friend back in 2006, he received a call this week saying that he needed to pay 7000 due to the fact that his friend apparently only made a few payments on. They said if he paid 2550 right away then he wouldn’t have to pay the balance. Are they allowed to collect try to collect on a debt 8 years later? They said they tried to get in contact with him previousky which isn’t true and he had not received anything in writing prior to the phone call.

  • Terrifed

    Hi there, I have been reading all the advice you have posted in here and just want to be able to clarify some things. I had a accident at work almost 10yrs ago where i stopped paying my credit card payments and cell bill due to no income for months. One was with Sears and the other one was a Capital One secured visa card secured with i believe $75 dollars. I live in Manitoba and the SOL is 6yrs. I have had collection agencies call continuously for years. Numerous time a day earliest starting at 630am my time. Since my accident and not being able to pay the bills, I have re-educated myself and have a steady income and job. I go so tired of these collection agencies calling that i got rid of my home phone so I didn’t get the million calls a day at all hours. Now, I am really wanting to be able to rebuild my once perfect credit rating, but am scared of doing Equifax or TransUnion Canada as am not 100% sure of what they actually do. If i do a credit check on myself, is this going to affect my credit score as I know that each time you apply for credit it goes on those. If i do a credit check on myself are these not paid over the SOL debts going to appear? And if so, how can I get them to be removed or will they ever be removed off my credit score?? Thanks in advance

  • cr

    Quick question and hoping someone has some good information for me. What I really want to know is if this will/can be put back on my credit bureau and if they can collect.

    -Took Canada student loan in 2001.
    -Last pavement was 2003 or 2004 to loan
    -Claimed bankruptcy in 2005
    -Discharged in 2006 (I know student loans are not discharged)
    -2009 or so bad student loans fell off my credit report.
    -2012 CRA took my tax return to clear ‘student loans’ federal unsecured portion I suppose.
    -today Sept 17, 2014- Collection agency calls me wanting full payment for all my student loans on behalf of RBC (Royal Bank)

    Can they put it back on my credit report? Should I pay/settle? I think i know the answer from reading the forum, but feel I need a direct response. Thank you for you time.

  • SJBoy

    I had a CIBC Credit Card debt of $600 which I never paid back in 2001. The debt never showed up on my credit report. The bill collectors have recently taken out $600 from my CIBC account. Are they allowed to do this 13 years later? I live in New Brunswick. If they aren’t allowed to do this, then how do I get my money back from them?

  • http://batman-news.com jpoir

    WOW!! It seems RBC is a little behind in their debt collections. I have also just received the same phone call from Robert Kane at Global Collection Group asking for this debt to be paid. I claimed bankruptcy in 2006 in Manitoba and was discharged completely. I was actually not ever told that this debt survived the bankruptcy so 7 years later when I get this call I almost fell over! I immediately called my trustee and he explained that a letter from a lawyer indicating the statute of limitations usually will get these collectors off your back. Has anyone received any legal advice on the statute of limitations and if they can legally try and collect these debts after 6 years and also if they are allowed to report it to your credit file? I have also spent the last 7 years rebuilding my credit and i see it all coming to an end rather quickly :-(

    • Adrian

      Approved

  • Needtheinfo

    Help! Have searched the net for hours on this and cannot find any good information. If the statute of limitations has passed and the credit cards are bank cards, like RBC Visa, TD Canada Trust MC, etc., can the issuing bank withdraw any deposits made? If so, is it legal and would there be any limitations on this? Thanks!

    • Don

      It is called offsetting. Yes, it is legal. Banks don’t need a court order to do it. It is not considered to be a garnishment. The banks don’t care if the money is being used to buy food for a baby. They will take it. Only deposit money in banks that are not owed any outstanding money.

  • KK

    I lived in Ontario for a few months (not past 6mths) and in Dec 2012 I
    got my first bill after a long one day discussion regarding charges and changes which is owned by one of the largest global companies run by a Brit. Unfortunately, they made me suffer and I was more than willing to set a precedence and be stubborn to get my answers because of how they originally treated me with my stolen phone and how they charged me without my consent without telling me and changed my account without permission – they claimed that “everyone” gets a new phone right away and that was their pitch. It would seem as if they are in cahoots with thieves because it helps them when you have to spend more money on a new phone *mine was a few hundered dollars and no assistance for retrieving original phone you bought and even blame you for not getting insurance.
    I spent 12-13 hours in one day (because they kept sending me through the employee/dept loop to start where I began since the morning). This was in Oct. 2012 disputing the fact that they did not assist me with finding my stolen phone and sent me on a wild goose chase even involving the police, did not tell me they will continue to charge me for the each month and then change my plan without my consent or knowledge so that I would have to pay more each month. I was told to pay a small amount under $50 to cover the expense and I would get this ONLY if I was to write a letter so that a few people would get fired or at least reprimanded (blackmail and perhaps evidence of defamating their company and employees)- unfortunately for them I am not shady, I don’t deal with shady companies and backstabbing and illegally acting employees.I did not pay the bill and they increased it each month to now a few hundred dollars. I live in a different province since mid December 2012 and have received what looked to be fake collection notices (ie. paper was brownish tan and looked to be from their cell phone company pretending to be collection agency) with a few collection calls and to now a full fledged internationally based collections company in Ontario. I don’t know if the statute of
    limitations or any other law applies to one province to another? If your problem started in Ontario and then you had to move
    back to original home province ie. BC how does that collection notice
    affect you? Their letter states they are allowed to use “all
    appropriate collection means available.” I understand the statute runs out after Dec. 2014 (2yrs) but how does that apply to different province. What do I do to deflect this? Thank you!

  • KK

    I lived in Ontario for a few months (not past 6mths) and in Dec 2012 I
    got my first bill after a day of calls to the largest cell phone company owned by a Brit. I
    spent 12-13 hours in one day (because they kept sending me through the
    loop to start where I began since the morning) in Oct. 2012 disputing
    the fact that they did not assist me with finding my stolen phone, did
    not tell me they will continue to charge me for the each month and then
    change my plan without my consent or knowledge so that I would have to
    pay more each month. I was told to pay a small amount under $50 to
    cover the expense and I would get this ONLY if I was to write a letter
    so that a few people would get fired or at least reprimanded (blackmail
    and perhaps evidence of defamating their company and employees)-
    unfortunately, I don’t deal with shady companies and backstabbing and
    illegally acting employees.
    I did not pay the bill and they increased
    it each month to now a few hundred dollars. I live in a different
    province (BC) since mid December 2012 and have received what looked to be
    fake collection notices (ie. paper was brownish tan and looked to be
    from their company) with a few calls and to now a full fledged Ontario based company. I ignored all.

    I don’t know if the statute of
    limitations or any other law applies to one province to another? If you
    started in Ontario, had the problem in Ontario and then had to move
    back to original home province ie. BC how does that collection notice
    affect you? Their letter states they are allowed to use “all
    appropriate collection means available.”
    I understand the statute runs out after Dec. 2014 (2yrs) but how does that apply to different province. What do I do to deflect this?

    Thank you!

  • gandalf134

    Here are the facts of statue of limitations. In almost all provinces the statue of limitations requires you to start legal action within 2 years when debt became first payable. For government debt ,taxes ,federal and provincial student loans except ontario where there is no limitation is 6 years. The time to collect on judgements if you are sued and lose is 10 years. Then everything is statue barred and you cannot be sued. However if within those time frames you or a trustee acknowledge the debt example making partial payment or writing a letter promising or even denying liability will reset the time all over again, verbal acknowledgement does not count to resetting SOL either does seizing of gst or income taxes because those payments are involuntary. And lastly if you are past the time period which you can be sued but acknowledge the debt by the examples above you open yourself up for legal action again so don’t do that.

  • Pat

    yesterday I received a letter from a collection agency re a debt for PC Financial. I also got a phone call today and the guy told me the debt is more than 10 years old…this is a debt that I do not recall at all. He wants me to start paying monthly payments to bring down the loan or whatever it is. As I say, I have no memory of this at all…and it is over 10 years old. I think he said it dates back to 2002. Am I obligated to pay this, in full or in monthly installments, especially since I really do not remember this debt at all. He tried to tell me that I HAVE to pay it. If I start to pay it then I am admitting it is my debt and they can harass me until it’s paid in full. He came out with a lot of gobbledygook about it being an old debt, etc and that means something about not being able to sue for the amount. The letter does state “Should you not take this opportunity and legal action is determined to be warranted, all costs will be awarded by the court to be your responsibility”. I live in Ontario…..can this debt be colllected even if I have no knowledge of the debt?

  • Pat

    yesterday I received a letter from a collection agency re a debt for PC Financial. I also got a phone call today and the guy told me the debt is more than 10 years old…this is a debt that I do not recall at all. He wants me to start paying monthly payments to bring down the loan or whatever it is. As I say, I have no memory of this at all…and it is over 10 years old. I think he said it dates back to 2002. Am I obligated to pay this, in full or in monthly installments, especially since I really do not remember this debt at all. He tried to tell me that I HAVE to pay it. If I start to pay it then I am admitting it is my debt and they can harass me until it’s paid in full. He came out with a lot of gobbledygook about it being an old debt, etc and that means something about not being able to sue for the amount. The letter does state “Should you not take this opportunity and legal action is determined to be warranted, all costs will be awarded by the court to be your responsibility”. I live in Ontario…..can this debt be colllected even if I have no knowledge of the debt?

  • Mic

    I had a company call my cell phone number today about my husbands debt from 2004. She would not give me any information but he was in the garage when she called so I put it on speakerphone, he asked her what it was about and she stated the nature and date of the debt, she then went through payment options and I asked her to send us something in the mail as neither of us were aware/remembered such debts. We recently just got a new mortgage and I asked the rep at the bank to look at both our credit profiles, it was not his at all. Can we ignore this pursuit? Did our conversation with her reset the SOL?

    • Pat

      I had my bank do a credit check and I got the phone call and letter….nothing is showing up on my credit. I think they cannot legally pursue this and since I have no recollection of the debt I am not paying it! I read somewhere that if it’s over a certain number of years you don’t have to pay anything

  • Cindy

    I just got call ARO regrading a Bell balance from 2002 do I have to pay it. It’s the frist time I have heard about this balance.

  • Anastasia

    About two weeks my husband received a letter in the mail from Howard L Waldman Barrister and Solicitor. Saying…I am the lawyer for Global Credit & Collection Inc. (‘Global’) and have been contacted concerning your file. That is all I saw up to a light so my husband didn’t open it he just marked return to sender. He thinks its from CIBC but he looked at his credit history and its not on there and he got a car loan to, I know before we moved Global called but it was blocked and now we moved I guess got this new address. He is ignoring it. Should I be worried or just return to sender anything else.

  • The Dwarf Morgante

    Hi,

    I took out a student load back in 1996 and after a solid 17 years, over which the statute of limitations had surely expired, I received a call from a mysterious collection agency asking if I borrowed money from the Royal Bank back in 1996-97. Stupidly, I admitted that I had, but then stressed that I understood that the statute had expired and that I wouldn’t be paying a collection agency. I haven’t had further contact with them, although they’ve sent me a letter and call every few days (I just don’t answer). I’d like advice on a couple things. Firstly, do you think that the clock has been reset on the statute, and secondly, if so, what the next course of action should be. I refuse to give these creeps a damn cent!

  • Jester

    My girl friend called rogers to verify a payment arrangement, that she made because we a little behind. but when she called them to verify they went on to say she owes 1000 on a old account, they had her birthday wrong, and stated that she needs to pay this old debt in full or else her current services will be cut. They said that the old debt went into collections and then just recently came back. And now are threatening to cut her services, they said its from an account in 2003, and wont tell her what bank the account is linked with. we live in ontario. any information would be great. They also said that they have contact her before about this debt. Which she has never gotten any letters or phone calls about before

  • Dale

    Hello , I just got a bill from a company saying I owe money to from two years ago. We have never heard anything from this company until last week. We live in manitoba and all of it was to be paid for by insurance. We do not have that insurance company any more. So my question is do we still have to pay?

  • schoolgirl

    Hi, I received a phone call today from DCA, saying that I have an outstanding debt. I told them I pulled my credit report and nothing is on there. She said that was too bad and It still has to be paid. I then said I delt with a debt solutions agency and everything was done that they told me and anything 5 years older falls off my account. She then went on a rant about how I Just spend and don’t repay the credit card. I said there was nothing they could do and she then said they will take legal action.
    Can they re add this debt to my credit report? and can they take legal action. The amount is $2,454

  • schoolgirl

    Hi, I received a phone call today from DCA, saying that I have an outstanding debt. I told them I pulled my credit report and nothing is on there. She said that was too bad and It still has to be paid. I then said I delt with a debt solutions agency and everything was done that they told me and anything 5 years older falls off my account. She then went on a rant about how I Just spend and don’t repay the credit card. I said there was nothing they could do and she then said they will take legal action.
    Can they re add this debt to my credit report? and can they take legal action. The amount is $2,454

  • Amanda

    I had credit card Debit, that i didn’t pay 12 yrs ago. My credit was ruined. Time passed actually 7 years and all the bad stuff was wiped from my credit history and i started to rebuild my credit, my credit is pretty great right now and has been since. Recently I’ve been getting phone calls from a company D&C collections or something or other. I never pick up the phone and they leave long messages about my “credit situation” Im nervous to answer the phone because 1, i have no intention of repaying the debt and 2 someone told me that you should never acknowledge the debit. This is my problem, Im not sure how to handle the collector. They have gotten my home number ,address(which is only 2 years new) and my cell phone number all of which I’ve never released to anyone except for people that need it . (how do they get these things) In one message he said that since he couldn’t reach me, I leave him no choice to call my place of work. Which as far as I know he hasn’t YET. Any advice on this would help greatly. My plan was to just answer the phone and tell this guy I have no idea what he’s talking about. I mean really what would there response be.

  • Amanda

    also I should add i’m residing in Nova Scotia Canada

  • L1ttleking

    Hi I was about to pay off a credit card debt thats about 6 yrs old. I have said yea i have a debt with td visa with the collection agency and made arrangements for payment but havent paid a cent to them… does this reset my SOL for doing this over the phone… I live in Ontario so I know the SOL is 2yrs

  • Fiqo

    I had a Canada Student Loan of about 8K which I made a partial payment last summer of, because I wanted to go back to school this past Sept.So I ended paying about $3000 to have my loans rehabilitated. Fast forward 4 months and instead of getting my 2nd installment of this years student loans in Jan./15, they put restriction on my loans to be released, and when I called NSLC( Canada Student Loans) , they told me that I owed previous Canada student loans to Scotia Bank and I had to repay them in order for the restriction to be removed and my Jan. loans be released. Now the collection agency is asking for 10K because the loans are old (before 2001) and with the interest it is more than 20K. Does this make sense to anyone here? Please advice. Thank you.

  • Fiqo

    I had a Canada Student Loan of about 8K which I made a partial payment last summer of, because I wanted to go back to school this past Sept.So I ended paying about $3000 to have my loans rehabilitated. Fast forward 4 months and instead of getting my 2nd installment of this years student loans in Jan./15, they put restriction on my loans to be released, and when I called NSLC( Canada Student Loans) , they told me that I owed previous Canada student loans to Scotia Bank and I had to repay them in order for the restriction to be removed and my Jan. loans be released. Now the collection agency is asking for 10K because the loans are old (before 2001) and with the interest it is more than 20K. Does this make sense to anyone here? Please advice. Thank you.

  • Mark

    Hello,
    I live in Ontario. in 2007 I went to a debt agency and filed a Consumer proposal. 4 months later I was unable to fulfill the payments and it defaulted. The debts included Car loan ( which they never came for the vehicle) 8,000. Two credit cards amounting in 15,000 combined . I have had zero contact with the creditors since and they call me all the time. I was unaware that after 2 years they are unable to sue. I’m not sure if the car loan falls under this but from what im reading the 15,000$ in CC debt should be removed from my credit report???? Can you give me more info please.
    thank you

  • VS

    Guys, Adrian,

    A quick question…

    I am Canadian citizen that left Canada about 6 years ago (mainly because of the debts; school loans and credit… Had no job at the time so it was daunting to be unemployed plus liable to all the creditors…).

    So after getting a BSc (from Alberta) in 2002 and an MBA (from Quebec) in 2008 (and having accumulated some debts, over 100k) I have left Canada in 2010 for Ukraine, Netherlands, Australia… and now have settled in a far-far-away third world country. Working in financial industry. I have de-registered from Canada long time ago (not liable for taxes; and not illegible for provincial healthcare, etc.)…

    About 4 years ago I check with a lawyer whether I should declare a bankruptcy, but he explained to me that ‘since I am not a Canadian resident – I cant even do that’ and we just left my situation ‘the way it is’… The creditors used to call and write (to my forwarding address in Canada) few years ago; but then have calmed down in the last 2 years or so.

    Today I got an email (to my corporate email account!) from:

    Ministère de l’Enseignement Supérieur, Recherche, Science
    Aide financière aux études
    Service du recouvrement

    The lady has apparently found me via a Google search after all these years… And says: “Subject: IMPORTANT… Please communicate with us, as soon as possible.”… she must refer to a Quebec “government secured loan” issued in 2007, which I stopped paying in 2010ish (when it was about 5k).

    Questions:

    1) Since I live in a “far-far-away third world country” – how likely is it for them to purse me?
    2) How likely would it be for them to contact my employer and ‘ruin my reputation’?
    3) Should I reply to her, and what happens if I ignore her email?
    4) Should I just pay that ‘secured/government’ debt and hope that other creditors wont find me (or would not be able to purse me due to statue of limitations anyway…)?

    Please let me know… Much appreciate your advice.

    Thank you.

  • Stressed

    I had a $2400 credit card debt I defaulted on that I’ve just been served for. Over the last 2 months I have been trying to work out payment arrangements with the collection agency but they just keep demanding full payment. I have no assets but I am employed. The SOL has not passed. I’m in Ontario and made a payment just before they sold my account to the collection agency. In my defense do I just simply state this? Will the collection agency win the case regardless since I do admit I owe the debt?

  • Tbiscuit

    Hi Adrian

    I ran up a fairly sizeable debt when I was younger. Between lines of credit,credit cards and a car loan I was in the red for 100k-150k. I got an opportunity to move abroad so I decided to take off and start fresh(4 years ago). Due to me not leaving a forwarding address or phone number,I haven’t heard anything of this debt so far.

    I presume all this went to court in Alberta while I was gone as its such a large sum,now the time has come for me to make a trip home for a couple of weeks.

    Should I have any problems coming in through customs at the airport?

    Would it help if I flew into a different province?

    If my creditors have already tried to sue me,could I get arrested for not showing at my court date even if I didn’t get served documents for court?

    Any advice

    Cheers

  • Niki86

    I am helping my husband go over his credit report. He had a telus phone from July-Oct 2007. First date of delinquency was October 17 2007.
    Telus has his last payment date as October 13 2011 (which my husband did not pay) and the date collections received this file was October 3rd 2011…. so apparently he made a payment AFTER they sent his file to collections?

    My question… does this seem fishy to anyone else? Would Telus wait 4 years before sending his file to collections? It seems like they put a fake payment in there to renew his file before shipping it off.

    Is there any way to dispute this now?

    The collection agency is trying to get over $4000… for a bill that was originally $1650 (which I’m sure was mostly interest since they cut off his service after 4 months) They have sent settlement offers for $825

    We are in Nova Scotia so I know the statute of limitations would be 6 years. It would be off the record if they did not put in a payment that did not occur/send it to collections in 2011.

    Any/all advice appreciated.

  • aprilsa0769

    Upon reviewing my credit report. I have noticed a couple of unknown debts. One is “iffy”. Had a very shifty guy who got my ex husband a 3rd mortgage and was to pay off outstanding debts with this mortgage. About 7 years ago now. So all of these years we assumed that debts were paid. But according to my credit reposrt looks like one is in collections and still has a balance of $2100 owing. My question is if I ask Transunion to investigate. And if it turns out that this crook did not pay this debt off and I have owed it all these years. Will this open the SOL time period up?
    It appears to have gone to collections 10/04/12. Being last reported to my credit report on 12/17/12. As far as I knew this was paid. But as I said this guy seems to have vanished with people’s money and has been shut down at least twice. Now disappeared so I can’t even investigate with him. I would like it to be removed from my credit report, but do not want it to restart SOL. Am I just better to wait for it to drop off? And would it be 2 years or 6?
    Thanks!

  • aprilsa0769

    Upon reviewing my credit report. I have noticed a couple of unknown debts. One is “iffy”. Had a very shifty guy who got my ex husband a 3rd mortgage and was to pay off outstanding debts with this mortgage. About 7 years ago now. So all of these years we assumed that debts were paid. But according to my credit reposrt looks like one is in collections and still has a balance of $2100 owing. My question is if I ask Transunion to investigate. And if it turns out that this crook did not pay this debt off and I have owed it all these years. Will this open the SOL time period up?
    It appears to have gone to collections 10/04/12. Being last reported to my credit report on 12/17/12. As far as I knew this was paid. But as I said this guy seems to have vanished with people’s money and has been shut down at least twice. Now disappeared so I can’t even investigate with him. I would like it to be removed from my credit report, but do not want it to restart SOL. Am I just better to wait for it to drop off? And would it be 2 years or 6?
    Thanks!

  • John

    I had recently accessed my credit file through Equifax, and, it still showed a low # even though all bad debts were wiped off. One collector did send me a letter last year, it was not on the credit history file. However, I had 4 applications in 3 years which I believe gave me low marks. How does this stand currently?

  • Peachycaper

    I will sumarize to start, ex wife ran up debt while I was in school and I had student loans with RBC finishing school in 2000. No real work for 4-5 years and declaired bankrupsy in 2005 with everything including student loans included. Cleared bankrupsy and everything fine and dandy, move forware to 2008, wife runs up debt and cheats on me ->she gets the boot(“divorce”). I file consumer proposal with new debt, student loans are not listed on my credit report at time of filing and bankrupsy firm does not list them in proposal as they are listed as admitted during bankrupsy and now gone off credit report. I complete consumer proposal and discharged in 2011. Move forward 2015 and I get a letter from Common Collection Agency stating I owe $16000+ in student loans which were origionally $8000.
    My questions here are has this debt past the statute, do I have any grounds to go back after origional bankrupsy agent for not informing me they would survive, if neither of these hold up can I go back and have these loans declaired under the 2008 consumer proposal and pay the 24cents on the dollar that I paid to the rest of the creditors at the time. I believe there is some kind of clause stating that if creditors are not aware or listed under consumer praposal that i can pay the dividend % ao the rest of the debt under the consumer proposal?
    I know its a lot and hoping someone can help. I have no problem with hiring a lawyer if I need to as it seems to me that I was boned by two trustees already!

    • Adrian

      2000 is over the 10 year rule. I am not sure what the law was in 2005 and Bankruptcy rules can be challenging. You should get a copy of the 2005 bankruptcy to verify the student loans were included. If you don’t have a copy then you can search here.

      https://www.ic.gc.ca/app/scr/bsf-osb/ins/login.html?lang=eng

      Regardless if they were not included, its too old to be actually collectable. RBC sells all student loans for pennies on the dollar after the write them off. If the collection agency gets $1000 out of you its worth the letters and the calls.

      This office can better answer questions about bankruptcy and trustees.

      Office of the Superintendent of Bankruptcy Canada

      The https://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/home

  • Jess

    I defaulted on a BC student loan 11 years ago. 2 months ago it showed up on my bureau. I had a RBC student loan that caused me grief for 10 years that just fell off my bureau. I thought I was in the clear and have been doing all the right things to re build my credit. I have never received a call or any communication about the BCSL loan until now. I got a call from a collection agency. I did not admit to the loan, they got BCSL on the line to talk to me, but again I did not admit to the loan. Yesterday I received a letter that says $4500 interest has been added to my loan for 2014. This letter is for tax purposes. It is the first letter of this kind I have ever received. This loan is well past the 6 year limitation. How should I proceed?

    • Adrian

      Check both Equifax and TransUnion and see who actually reported it, then contact the reporting entity (collection agency) in writing to request all information for the debt (including payments) be sent in writing within 30 days or you will be pursuing a consumer complaint. When you get that, you are looking for dates of last payment or if none, the date the loan became defaulted. Once you have that information, file a dispute with the bureau’s under the reason for investigation being other and include a letter that you are unfamiliar with the debt that is past the reporting period, along with two copies of your ID and copies of the documentation that prove when the last payment or default date was if you never paid them. This should clear it up on your credit report. RBC does not own this debt any longer and it is making the rounds on collection agencies. Sounds like this one is using scare tactics. I am concerned about the $4500 added interest and the letter for tax purposes. I would contact the CRA on that as ‘letters’ are not a legal tax document. Can’t really answer better than that as there is no information on who the collector is or who sent you this letter.

  • Dawn

    About 17 years ago I took a correspondence computer course that I had forgotten about due to the fact that in all that time I had never received a phone call not even a letter stating I had to pay this $4000 loan! In August of 2014 I started getting harassing calls I had to pay this debt, but also in speaking to a representative from (FDR) Federal Debt Recovery, he was a bit astonished that there were no notes in the file in all those years!!!!!
    Can they still collect on this after 17 years??
    And can they take my income tax refund if I have one this year?

  • Adrian

    A collection agency cannot take your tax refund. Only a trustee can take the refund under bankruptcy for the year you file and the CRA if you owe back taxes, or child support arrears. If this is a private loan, then no it’s not collectable through the courts and a judgement would have issued to garnish your wages etc,. If its a student loan its still outside of the 10 year rule. The original creditor has sold the debt to a collector for pennies on the dollar. If they get any money out of you then it’s worth their time. Just dispute the debt and tell them to take you to court. Their auto dialler will probably still call you while they have the debt but outside letters calls and idle threats they can’t do anything legally.

    • Jonny

      What is the “10 year rule”? Does it apply to back taxes owed?

  • Jonny

    My girlfriend and I both mailed off requests to Transunion and Equifax requesting our free annual credit report copy. We both received our Equifax reports less than two weeks later. On them, they show 2 “soft” requests dated the same day (January 28 2015. I’m assuming one was for Equifax and the other was for Transunion. Neither of us have received our reports from Transunion and we live at completely different addresses. Now that it is five weeks since Transunion polled our files at our request, the information on the reports is getting quite old and if the reports arrived tomorrow, they would not be relevant to what may be on the reports today. I know that they legally have to send us these free reports, but doesn’t it have to be done in a timely manner, or can they wait until it is no longer relevant before sending them out. Is there any recourse I can take to kick their asses for taking so long?

  • Phoenix

    I submitted an inquiry into an old car loan account I had 4 years ago.
    I haven’t made a payment just sent an email.
    Does this reset the limitation?

  • Kim Paul Halverson

    I have an outstanding credit card for around 3000$, it’s been 13 years since payments have been made. They froze my account last year and when I called, they admitted the statue of limitations passes, there’s nothing they can do but ask for money. I admitted to the debt, however made no payments saying if and when I was able I would. They releases my account. Now, they froze 700$, this includes my over draft for 2 weeks. I assumed the money would b put back. I checked my account and the money was actually taken. Can they do this?

    • Jonny

      Who is “They”?

      • Kim Paul Halverson

        The they I’m referring to is collections company

        • Jonny

          Collections companies don’t have direct access to your bank account, only your bank does, besides you. If a court orders your account assets seized, they instruct your bank to do that. Collection companies cannot directly seize, nor release your bank account. Even Revenue Canada cannot directly seize your bank account. They too have to order your bank to do that. You should be talking to your bank to find out what is going on.

          • Kim Paul Halverson

            I spoke to bank, they gave a “partnership” with the card company so they let them take the money. I spoke to consumer affairs and apparently they can do this. I politely told the bank that they’d be getting no more money in that account and told the collection agency to enjoy it as I was switching banks. They called me 2 hours later and asked to make arrangements for remainder, I asked if they were putting the money back in my account first, they said no, I said enjoy but I owe u nithing

          • Jonny

            There you go. The bank took your money and gave it away to the card company they are affiliated with. Which bank is it we are talking about?

          • Kim Paul Halverson

            Cibc. If I hadn’t updated my mortgage with them recently I’d close the account all together

          • Jonny

            I got similarly screwed over by The Royal Bank.

            They took every mortgage payment I deposited and applied it to my Visa which they had out of the blue decided to call in in full. Because I had no way to make any payments on my mortgage, which was through them also, because they were redirecting the payments, they foreclosed on my house. I followed every legal detour that surfaces when this sort of thing happens but all that did was waste month after month until I was so far behind in my mortgage payments that they won. When you are in that situation, you are in financial distress and out gunned.

            My branch manager told me that the consumer protection laws don’t apply to The Royal Bank because they have “special” connections with the government.

            I would move your mortgage immediately.

          • Kim Paul Halverson

            I’m going to try. Thanks

  • Paul

    I’m just wondering, in terms of the limitation resetting, is that if a later payment is made only to the original creditor or any payments made to a subsequent collection agency?

  • Ann L

    I have to make a comment on Alberta Student Loans because it states here that the SOL is 2 years and it is not. Provincial Student Loans, like Canadian student loans, have an SOL of 6 years.

    Student Financial Assistance Act of Alberta:
    Limitation of actions
    14 The Limitations Act applies to claims, within the meaning of
    that Act, arising under this Act except that, instead of the 2-year
    period referred to in sections 2(2)(b) and 3(1)(a) of the Limitations
    Act, a 6-year period applies for the purposes of this Act.

    So people, if you want to look up what the SOL is, make sure you check if there is a Student Loan Act in your province, because chances are the Limitations Date of 2 years does not apply. If 6 years is nearing and you are then sued and Judgment is obtained then it is another 10 years. If Judgment is renewed, which can happen, then another 10 years and you can pretty much have this debt forever.

    Pretty much everything else though would be 2 years UNLESS Judgment is obtained against you, which I would recommend if you do get sued with Civil Claims or any court docs, do not sit mute.

  • Rick C

    First I would like to say thanks for all the great information on this blog!

    My question is what is legally considered a written acknowlegement of the debt?

    If I stated, in a letter to the original creditor (CIBC Visa), “I am willing to try to set up a payment plan on the above account” 6 months after the last payment date would that reset the 2 year SOL?

  • conrad ashworth

    I have an outstanding credit card from a bank from 2009. It went to a collection agency then to another and I think it’s on its 4th now. It was reported back in 2010 on my report then again when it went to the next company. Can the same debt be reported more than once or over and over again? How long will it be on my credit report? I have read 7 years is the limit but is that from the original reporting or the most recent? Also, does it go from the collection agency back to the bank and then sold to another agency or does it go directly from agency to agency? The original amount was 10,800 but they claim it’s 30,000 now. What is it actually worth if it has moved between 4 agencies? I have never talked or made contact with any of them. They don’t call or send letters anymore. This is also in SK. Thanks in advance for any insight into this.

  • conrad ashworth

    I have a bank credit card debt from 2009 that went to collections. It showed up on my report in 2010. I started getting calls and amusing letters soon after. It then went to another agency then another and I found out it’s on number four now. It has been reported more than once on my report. I have read the time limit for reporting is 7 years but I am wondering if this is from the original posting or the most recent one. I have never had verbal or written contact with any of them or paid anything towards it. The original amount was 10,800 but it is showing up as 30,000 and some. Also, does the debt go back to the bank then get sent to a new agency or is it moving directly from agency to agency and if so, what would it realistically be worth now? My main concern is how long this will stay on my report. I have also read that if I make some sort of offer and it is accepted it will show up as “settled” for another 7 years.

  • NBer

    I had to credit cards with a total balance of 4000. This would of been between 2008 and, 2010. At what point would these drop off my credit report, allowing me to rebuild?

  • Tina T

    So I left NB early 2007 to move to BC. After I had moved Rogers contacted me and advised me that I owed them $1200 for all my cable equipment and early termination of contract. All equipment had been returned by my mother but she didn’t keep any paperwork on it. When Rogers first contacted me I told them they were full of it and that the equipment had been returned and I had paid my bill for services. If I recall correctly there was maybe two or three phone calls about it then it just went away. Yesterday I received an email from National Credit Recovery Inc saying “It is imperative that you contact us at 1.844.244.9954 to discuss this very important matter and protect your financial credibility”.

    I have been working hard over the last two years at bringing my credit score up so I can buy a house and I don’t want anything to mess that up. Rogers never reported anything to the credit bureau, I have been monitoring Equifax and Transunion for two years.

    Can this collection agency collect after 8 years and can this hurt my credit if I don’t deal with it?

    • pbjellytoons

      Hello Tina,

      I have had a very similar situation happen to me just these past few days. I have made a Reddit thread asking for advice on the subject: http://www.reddit.com/r/PersonalFinanceCanada/comments/31x2km/is_this_email_from_ncri_scsgcnotifycom_via_amazon/

      I have no credit issues either. Also, as I’m about to post over there, on my email client (Gmail) I see that the email is from “NCRi_scs@gcnotify.com via amazonses.com”. If I visit amazonses.com (you can do this) you’ll see it is Amazon.com offering an email sending service.

      If you ask me, it sounds like any one of us could try to get our hands on a list of Canadian email addresses and email them saying “You owe Rogers money! Call to pay up!” and maybe catch a few people.

      At this point in time I’m inclined to think it’s a scam.

      • Adrian

        I would report it to Amazons sender service as a phishing email and trash it. If it is a collections agency I would think they would phone or write a letter, not send an email.

      • Tina T

        Hi pbjellytoons,
        Thank you for the information, I read all the responses on reddit and I agree with not calling to get the account number. I do not want to give them any personal information. I think I will just monitor my Equifax credit score and hopefully nothing happens.
        Again, appreciate the info :)

  • Kali

    Due to certain situations, I abandoned an old debt. I recently received a call from a collections agency, I never returned the call. I recieved a letter in 2014 saying they ‘may’ take action, I didn’t do anything. I just checked my equifax report and there is a ‘new’ collections on it that says they were in contact with me in 2013, which they were not – I never spoke to anyone and I returned mail unopened. The debt was from 2007 (8 years ago now). Do I have a right to dispute this? I’m not sure if I ever saw it on my credit report over the past 8 years, but it is definitely over the statute of limitations for collecting. Thanks for the advice.

  • Thomas Keats

    I’ve been receiving phone calls from a collections company Cbv collections, about two fines I owe the city of Barrie under provincial traffic act(Ontario). One from 1995 with the last partial payment made in 1998. Another is the same type owed from 2002.

    While I am sure I paid these in full, I didn’t keep any records that old. Do these fines survive and are collectable?

  • David T

    What can I do if a collection agency is parking a debt on my credit report from 12 years ago? They are reporting that I made a recent payment and that the debt recently went delinquent. The debt is, like I mentioned from 2002 and I have not been sued or contacted by collection agency during the last 12 years. If I contact credit bureaus do I explain entire situation, or just say I had no account and made no payments in 2014 with agency/bank that is claiming I have account and made payments?

    • Adrian

      Dispute the debt with the credit bureaus first and say you do not recognize the account and that you have not made a payment. They will then contact the company that reported the debt. Chances are you will get a letter saying it’s correct. If you do get the letter saying the information is correct, then take a copy of that letter and write another letter to the reporting agency and demand they send you the original debt and all information relating to the debt itself and the payment as you do not have any debts that would be within your jurisdictions statute of limitations and within the 6 year reporting limit by law. State that if all information is not received within 30 days that you will be filing a complaint with your provinces consumer affairs and seeking damages for intentional tort of filing false information on your credit file.

      We are working on an automated letter system that users can complete that will auto fill the laws per province to make contact with collectors and the bureaus easier. It should be up within the month.

      • David T

        Thank you for the response and advice! I will update for other people in the same situation when I get a response.

      • David T

        Is the template letter still in the works? I called both credit bureaus and disputed the collection, after verifying that they are still on my report. Found out collection agency now claiming I made a payment 1 month ago now. Equifax processed the dispute but asked me for evidence that I had not made a payment to the collection agency. If I dispute the letter I receive about the debt being accurate, do you think the collection agency will still lie about the last payment date so the debt is current? Also, is the onus on myself to prove that I did not make a payment? it would make more sense for the collector to prove I have made a payment.

        • Adrian

          Yes still in the works. So Equifax wants you to prove that you didn’t make a payment? Not sure how anyone can verify NOT making a payment. I would say the onus is on the collection agency to prove you did. Equifax should send you something in writing about the dispute that should have more details. I can suggest you write the collection agency and let them know that you are disputing the debt and demand to receive copies of the original contract and the payment they are claiming you made. Again, that if all information is not received within 30 days that you will be filing a complaint with your provinces consumer affairs and seeking damages for intentional tort of filing false information on your credit file. Send registered mail and keep a copy.

          • David T

            I disputed the collection and the collection company confirmed it. Then they also posted another collection with the exact same dates (last activity, first delinquency) for approx. 4x the original debt. Now there are two collections from the same company (the original disputed one plus another) I will try sending second letter like you suggested. Perhaps I should seek legal advice but am not sure what type of lawyer would handle this for a reasonable rate.

          • David T

            Should I try doing freedom of information request on collection agency to gather documentation regarding lack of recent activity? Dispute didn’t work and collection agency is reporting more recent activity and also is Sending mail(now that they have my address). I will try second letter to equifax , but if the collection agency is reporting recent activity they may not be that helpful. I still have not contacted the collection agency. Would prefer to collect evidence of their illegal reporting without contacting them.

  • Seanjawz

    I have credit monitoring with Transunion, I messed it up when I was
    young but I built it up really good. A collection agency reported a 11
    year old debt as a new debt to the collection agency now I have a
    degarotory which is bringing down my score. I filed a dispute with
    Tranunion and the sent me a letter back saying it was accurate. Is this
    legal? What should I do next without having to pay it?

  • Confused

    7 years ago I hurt my back, and was unable to work. As a consequence, I defaulted on a few debts, and voluntarily surrendered my vehicle (which was a lemon) to the finance company. I recently applied for a loan with my bank, and was told that there’s a bureau warning on my record, which I’m certain is from the finance company (Carfinco). I checked my credit via Equifax, and everything has come off, so this warning was a bit of a shock. Is there anyway to have this warning removed from my record?

    I also have a student loan that I’ve been doing my best to keep at least somewhat current, and now that I have a steady (albeit low paying) job I have managed to get the loan down to where I can almost pay it off.

    More on the car loan:

    In my dealings with Carfinco, they have been threatening, have called neighbours, family members who have nothing to do with the account, and I found out after I had surrendered the vehicle that the loan application had been changed by the dealership without my knowledge or consent to appear more favorable.

    • Adrian

      Province?

      • Confused

        Ontario

  • Chris Steele

    I am reading your column, what if no voluntary payments have been made on student loan, yet the fed’s continue to withhold tax refunds, to pay a defunct student loan, a judgement was made in 1996. What course of action should I take ?

  • nicholas russell

    If I have several debts which I have had in collections for 3 years in NB, and I relocate to Ontario, do I fall under the Ontario Act or am I still under the NB act?

  • Senselesstragedies

    How serious is my situation? My car loan went into collection in 2010. I asked the bank months before that to repossess my vehicle – nobody came. They sent it to collections. Now I am stuck with a vehicle that I do not want or can afford to pay off as I fell ill in 2010. The vehicle loan is secured with the vehicle. When the collection agency called I told them to come and get the car and that I cannot pay them anything as I barely had enough to support me and being bed ridden for 8months. They said they are not into storing vehicles ugh. My situation still does not enable me to take of the amount that I owe and this car has been in storage for the last 4 yrs. What do you recommend I do? I have been so stressed out over this. Note they said I cannot sell it or auction it and that their is a lien on it? I have paid 2/3 of it off. Please provide me with some clear insight on how to deal with this issue. I’m in Ontario.

  • Senselesstragedies

    My car loan went into collection in 2010. I asked the bank months before that to repossess my vehicle – nobody came. They sent it to collections. Now I am stuck with a vehicle that I do not want or can afford as I fell ill in 2010. The loan is secured with the vehicle. When the collection agency called I told them to come and get the car, that I could not pay them anything, as I barely had enough to support myself after being bed ridden for 8mnths. What do you recommend I do? I have paid 2/3 of it off. What I am wanting to know is, if the statute of limitations work case applies to my case or not, and what options do I have to get rid of this car?

  • Mani

    Hi,

    I found out a new creditor purchased an old outstanding debt from a previous collector for the amount of $6000. I has reappeared in my equifax. I have not acknowledged the debt (and I never will) nor do I plan to contact the creditor. This had already disappeared from my credit record. Is it legal for them to re-report it again after more than 6 years?

    • Adrian

      File a dispute with Equifax that you are disputing the debt and that it was already reported with a date of last activity that is over the 6 year reporting period. This resets though if you made a payment.

      • Mani

        So it turns out my Ex made a payment in 2011 and for some reason the new collector that picked up the debt reported it. I found out I that it’ll fall off my record on Nov 6th 2017.

        Here’s my next question: I spoke with Equifax and Transunion about the matter above and they said even after it fall off my record the collector has the right to report it after 6 years. Is there some change to the law or does that mean they can continue to report it for life even after it’s been purged?

        Adding to that I have not acknowledged the debt nor have I contacted the collector. Should they continue to send letter or call I will tell them to dispute it in court. Is this the right step to take?

  • Notfarenough

    Family Responsibility Office (Ontario) has obtained a judgement against me for an overpayment THEY made to me back in 2003. My E.I. is currently being garnished for this outstanding amount. Is this legal?

  • dough hart

    GREAT post……thanks.

  • Dickie Turner

    I just got a call from CBV collections about a 12 year old telus account that is -$1000. I dont believe its my account. After looking up CBV and telus the internet seems to think its a scam. Can this affect my credit?

    • Adrian

      Only if they report it will it affect your credit, however, if you pay it to stop them bothering you, be advised that it could be reported as a paid debt and be on your credit file for 6 years.

      Most don’t bother reporting with this age of account and amount as its likely gone through many collection companies already. You’ll get letters and maybe phone calls but only until they sell it to another agency. The robo-calls are the most annoying. Each time you get contacted tell them it’s not your debt and you are disputing it and never give them any additional information.

  • AF

    I am so thankful for this post and for all the comments here.

    I was bullied by two of Canada’s top wireless companies who tried to weasel money out of me six years ago. I’m not a bad person, I just did not think I should pay for something more than I owed. I was a single parent going to university, working and doing a placement. A $200 debt over inner province “roaming” turned into $2350 and another $600 turned into $2500. The companies refused to negotiate then sent it to collection agencies. Back then, sure there was the CRTC but they have completely changed the rules now. It seemed like there were no options to get out of a contract without getting slapped with a $500 fee plus the cost of your phone plan x 12 months. They were assholes and just unreasonable. The calls stopped once I sent a registered letter and after a few fake lawyer letters, they stopped for years.

    I just gave up on trying to come to an agreement to pay the original amount owed. Telus and Rogers ruined my credit as I had an amazing credit score from using a bank credit card. Even though I had never been late with payments, the bank revoked the card based on the collections two years after what they put it on my bureau. I had an experience with another wireless provider who reported to the bureaus that I had an overdue account I never opened. Best advice outside of the great stuff received here is to be careful who you take credit with. The two companies are affiliated and it looked like they were doing everything to ruin me. I got declined alone for so many apartments in the past solely based on the credit score and file!

    Recently as the time came for the debt to come off, I received two more letters. Ripped it in front of my mother and laughed as I threw in in the trash. I thought about consolidating what debt I have outside of the two scammy debt accounts because I want to buy my parent’s home. I talked to someone about it and the person told me that the creditors would have access to my child’s RDSP and both kids’ RESPs (my contributions). $8000 proposal? No way.

    All of your comments give me hope and stress relief as I was so worried that the creditors would take money that is for my children. Not to mention dreams of owning a home day. Thank you

  • AF

    Also I have a question… If agencies resell the debt, can they put it back on your bureau? If they can, do I have to keep writing to the bureaus to have them removed?? Does the reselling of the debt create another two years statute in ON? Thanks!

    • Adrian

      Sometimes they do but you just have to dispute it with the credit bureau’s. In writing you can state you dispute the debt and that the original claimed date over the 6 year reporting period from date of last activity to the original creditor. Unless you made payments, then it’s 6 years from that date.

  • MommaCanna

    Hello everyone. I’ve just received a letter from a law firm acting on behalf of National Credit Recovery stating that if I don’t pay the amount or contact them within 7 days, that they have been mandated to undertake all possible legal resources available against me. The date of last activity on my Equifax credit report is 03/2012 – I’m in Québec and I believe the statute of limitations is 3 years. Should I even reply to this letter? I’ve already sent a letter to Equifax asking them to have the account removed. I’m a single mom with 2 kids and there is just no way that I can even manage the extra monthly payments right now. Any advice? Many thanks.

    • Adrian

      Section 2925 of the Civil Code of Quebec states: An action to enforce a personal right or movable real right is prescribed by three years, if the prescriptive period is not otherwise determined.

      What this means is that if you did not sign anything that extends the statute of limitation, then they cannot collect ‘legally’, meaning a court case. The rest of Canada is common law so answers are a little bit easier than Quebec’s common law so you may wish to talk to legal aid in the province about statute law.

      I can suggest you write the Law firm or National Credit Recovery and state that you are disputing the debt and that they forward all documents from the ‘original creditor’ in the matter.

      Most collectors use this tactic to try and scare you into making payments but until some legal shows up from the actual province or you are served actual court papers it’s not an actual law suit. Can you post the law firm’s name?

      • MommaCanna

        Thank you for your reply, Adrian. I have not signed anything or had any contact with the company. The name is Mira Choquette, Attorney – no company name

        • Adrian

          She is a lawyer listed with the Quebec bar but I wouldn’t recommend contacting her or the collector. If a court document arrives, then contact the provinces legal aid. Do not admit or speak or write to this lawyer or collection agency to prevent the possibly of reset the statute of limitation.

          https://www.barreau.qc.ca/en/public/acces-justice/aide-juridique/

      • MommaCanna

        It’s actually from the law firm (Mirs Choquette) acting on behalf of NCR the authorized collection agency for Prefered Credit Resources Ltd

  • Karli

    Here’s my situation. Our natural gas was hooked up in November 2011. There were no issues. We recently hit some financial troubles and are behind by $700. We have been told our gas will be shutoff next week. When we called to talk to them we were told that there is an outstanding bill for $1000 feom another address from 2005. We have never been notified of this. They have said they will turn off our gas and not turn it back on until we pay the $700 we currently owe and the $1000 from the 2005 address. Can they force us to pay? They have never contacted us and they have not sent it to collections

  • Karli

    Here’s my situation. Our natural gas was hooked up in November 2011. There were no issues. We recently hit some financial troubles and are behind by $700. We have been told our gas will be shutoff next week. When we called to talk to them we were told that there is an outstanding bill for $1000 feom another address from 2005. We have never been notified of this. They have said they will turn off our gas and not turn it back on until we pay the $700 we currently owe and the $1000 from the 2005 address. Can they force us to pay? They have never contacted us and they have not sent it to collections

  • Joe Chemo

    I have federal student loans from 13 years ago, so I assume it’s stats barred. Six or seven years ago I got a letter from Revenue Canada saying they were going to seize any future tax refunds and GST credit refunds towards the debt. So I stopped filing my federal return. If I file one now, can they still continue to seize my GST credit, or should the statute of limitations prevent them from doing so?

    I’ve never been sued for this, and even if they did they would not be able to seize or garnish any income because it would be a hardship. Yet they can seize my GST credit when I have minimal income, without even suing me? It just seems so wrong.

    • Otis Gatt

      let me know what you find out
      I am going through the same thing

    • Adrian

      Not filing is not a good idea, the CRA has enormous powers and are in the habit of self-assessing based on what they “believe” you owe and they will pursue through the Non-Filers Program. If you do not file they will do an assessment based on what they think you made and it is always with tax owing, penalties and interest. If you continue not filing then can expect to see you bank account seized and emptied one day. In regards to the Canada Student Loan, it depends on your particular case and the history of the loan and any payment you may have had. If it’s a matter of loosing GST refunds over being on the CRA’s radar, let them keep the GST.

  • NewWest 123

    I have the government trying to collect on medical services from 2007. They never even contacted me until a couple of years ago. I immigrated to the U.S. in 2008, cancelled my medical and all of a sudden they say I left in 2007… Huh! I have sent them all my immigration docs., cancellation of my phone in Canada, my green card, etc., etc. Never heard again for a year until this year from the Government collection branch for Medical services. I called the rude jerk and told him my story and now he wants my medical records sent to me so we can find the visit to the doctor during the time in question…. Really?! Hello, Canada doesn’t charge you per visit, they charge you by the month whether you use it or not. Anyway, I am readying to tell him to stick it as it is at least 8 years old!

  • tdogg

    I am now receiving call from FDR Limited (Financial Debt recovery) regarding a student loan from 1999. And just started calling my place of employment. I don’t think they can legally contact me while at work, guess I ignore or write them a letter?

  • Alicia

    I was contacted by a collection agency for an overdue credit card that was closed in 2004, it showed up on my Equifax today, I called the collection agency and told them they are not allowed to collect on such an old debt, they told me there was a payment made to it in 2013…. I did not make this payment, how do i dispute this???

  • shey

    Hi I didn’t know about statue of limitations and last year Aktiv/PRA group contacted me about an old debt from 2007. I thought I was required to pay it so I started paying it back slowly. Well last week they sent me a letter for another old debt from 2008 and said I was required to pay it. I didn’t agree in writing to pay the debt but I did say I would over the phone. I did this thinking it would affect my credit rating if I didn’t. Since then I have received a credit report from EQUIFAX and none of my old debt is on it. Now my question is am I required to pay the second debt now since I verbally agreed to pay it? I called them back and said whats the point in paying you guys when its not going to help with my credit score and he just said interest will continue to accumulate.

  • Brenda

    If you have a credit card with the same bank you do your daily banking with and you have not made a payment on that card and the SOL has passed what happens if the bank takes money from your account and applies it to your CC without you knowing. Does it reset the SOL? I live in Ontario and my dad had stopped paying his card because he just couldn’t make ends meet. Collection agencies called and sent letters but he ignored them. Three years passed and all of the sudden I noticed some kind of withdrawal from his bank account and it seemed to be applied to his CC. That was months ago and now again I just noticed money taken from his account. Just wondering now if they can legally start action since there was activity on the account even though he didn’t make the payment himself or acknowledge it.

  • James

    Does the statute of limitations continue when you’re not in Ontario, Canada or is it similar to the US where the clock stops ticking when out of the country?

    Thanks.