Can a debt collection take him to court on a debt over ten years old?
Asked Sep 23, 2009, 06:57 PM
My fiancé had a debpt over s10 year old of $1090 with a credit card company. He had not heard from them for years although he apparently made a one time small payment in 2006 and was going to pay it off but was told that it was an old dept and that he didn't have to.
Last week we got a letter from a debt collection agency requesting the amount.
He was going to pay it and called to arrange it... at which point they added approximately $300 to the bill, he asked why and they stated it was the charge to remove it from his Credit Report. As soon as they did this I was suspicious and told him that they could not do that. There is no reference to any other "charges" on the document they sent, just that it was in satisfaction in full of the account at $1090. There are apparently $4,000 interest charges they are prepared to drop (because they are not allowed to take them)
Anyway, I started researching and the statute of limitations for collecting a debt is 2 years in alberta and 6 years on your credit report.
So I disputed (or attempted to) the bill and tried to ask questions, the woman screamed at me saying she would contact my mortgage company (he is not on my mortgage) she would make sure it was on his credit report for 20 years and that she had the power to do that. And that she would be calling his payroll office immediately.
I called back and asked to speak to someone who was sane as I wanted answers to my questions and she just screamed... The put a man on...
I asked about what was going on - he said because my fiancé made a payment in 2006 that they had the right to reopen the case and legally go after him for the money. I said that even if that is the case, then it is 2009 not 2008 and the statute of limitations for collections has passed. He also said that it was on my fiancés credit report (it wasn't a couple of months ago) CAN THEY PUT IT BACK ON?
I said that I didn't think he had to pay such an old debt as it was past the limitation. He told me to hold and shouted "Susan - make sure that Mr. ******** court documents are done up today and on my desk to sue him in 24 hours" and followed it up with "we will see you in court" I said "We sure will"
I hung up, he called back and I hung up again.
So... my questions are
1. CAn they still chase us
2. Can a debt go back on your credit report over and over again and how can you stop this, if the limit for a debt in Alberta is 6 years after the debt, is it 6 years, then sold to a new debt collectors and 6 years again and on and on. How is that right?
3. Can they threaten you and lie like this
4. What rights to we have and
5 Can we sue them on their practices?
6. Can they take us to court if it is over three years from last activity if he did make a payment in 2006?
7. And does action start all over again from last activity? So he has another three years with it on his report because he made a payment in 2006?
As I understand they cant legally get the debt because it is past the two years, but that it may be able to go on the credit report again because of the 2006 payment, but CAN they make it as of now? And if so, in three years can we get it off through disputing it