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Home > Law > Small Claims   »   Collecting Agency

 
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Old Apr 12, 2007, 07:43 PM
bruce li
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Collecting Agency

Hi:

A few days ago I received a letter from a collection agency claiming that I owe $1000 from an unpaid account for XXX Receivables. They have not included any detail backups with this letter. The letter accompanied by a court draft stating that if I don't pay within 10 business days, they will proceed to file claim in the small claims court. After brief phone conversation, they hinted it relates to a credit company I had an account with in 1999.
They do not have specific invoice# or details as to how much I actually owed. They simply states that the amount includes interest accrued last 7yrs. plus their cost. Even if I want to pay I do not know what exatly I am paying for. Does the Ontario Limitation of statue apply in this case? Also, do I have a chances in court should they take me to court eventhough they only have account balance but no details of bill# or items purchased?
An agent was willing to bargain and reduce the owed amount if paid within a day.
Please anyone kindly advise. Thank You.

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Old Apr 12, 2007, 07:53 PM   #2  
Matt3046
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Well if they wont even tell you what it's for, do not pay them anything. These are bottom feeders. They buy these loans for almost nothing and then will try anything to collect. Do not contact them or talk to them. Tell them they can contact you through the mail. They are not going to sue for 1000$
especialy since they wont even tell you what it's for (because don't want you to know how old it is)
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Old Apr 13, 2007, 05:00 AM   #3  
Justice Matters
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Everything you've mentioned sounds like typical aggressive collection activity (eg. threats of legal action, short deadlines, few specifics and a willingness to cut you a "deal").

In Ontario, the statute of limitations for debts before 2004 is six years. The collection agency has intimated that the debt is seven years old. Therefore, if they sue the should lose since the claim is statute barred.

We recommend you don't pay them.

Incidentally, a collection agency is required by law to advise you in writing which creditor they are working for. If the debt has been assigned (ie. sold) to them you need to be provided with a written notice of the assignment.

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bruce li agrees: Good advise and prompt
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