View Full Version : C/a trying to collect an old debt that isn't even mine
dvdean
Jul 16, 2007, 01:06 PM
About 4years ago a collection agency called me about a zellers card that was given to me in 1997 with a 500 limit.he told me that this card now had a balance of $1600.I never had this card and told him so when he called.I asked him to send any proof of me signing for this card or for any of the purchases and I would prove it was not mine.I never heard from him again and today I got a call from another collection agency wanting to settle for $500 on this card.I explained it wasn't mine and told him I even have a zellers card(HBC now) that is in good order and I thought this was cleared up years ago.The call didn't end well and he threatened me with a law suit.I live in Mississauga Ontario and am currently on disability and am trying to get back to work and really didn't need this.I have a good Visa and HBC card and I don't think I would have got these if I had an outstanding bill especially with zellers.any advice would be great.thanks... Dean
Lowtax4eva
Jul 16, 2007, 01:10 PM
If the balance owed is from 1997 then it's passed the statute of limitations so even if the debt was yours, it's too old for them to be able to sue you.
The burden of proof is on them in all cases, continue to tell them the debt is not yours, write them a letter asking them to deal with this matter only by mail, if they call you can file a complaint with the consumer protection office in Ontario.
Basically they can't do anything, was the debt supposedly incurred in Ontario as well? I recently had the same thing with a Telus bill, they couldn't provide any documentation to prove the debt existed or even that they were authorized to collect at all. I found online (for Quebec) that if you send a registered letter demanding they prove the debt is valid they have to respond within 10 days with proof or the matter is dropped. There must be a similar law for Ontario.
dvdean
Jul 16, 2007, 05:34 PM
Thanks for your response.yes the debt was incurred in toronto and when they first called me about this matter 4 years ago or so it was the first time I heard about it.Looking back now and after reading posts here all day I should have called zellers right away about this but had a few other problems at the time.I appreciate your help.Dean