endcraziness
Nov 3, 2010, 09:40 AM
Hi,
A collection agency called me out of the blue last week. I live in Ontario, Canada. They claimed that I owe money to a store branded MC that went in default in 2001 and they said that I made a payment to it sometime in 2004. They demanded a payment for the last Friday in October. I couldn't recall having this credit card and I declared bankruptcy in December, 2004. They don't have my address and I'm not sure how they got my unlisted telephone number.
Anyway, they are threatening litigation to collect the debt and I would like to know where I stand. The bankruptcy wasn't discharged, but my understanding is that after 5 years it becomes binding on the creditors. I also can't recall if the MC was named as a creditor when I filed. Where do I stand and what is the best course of action to take? Do I have to provide my address to this collection agency?
Here is an excerpt from a letter that I wrote to them. I didn't provide a return address on the envelope or on the letter.
"Your demand, in the October 25th telephone conversation, of payment, without any proof that there is such a debt, is unreasonable. Under the Collection Agencies Act, you must wait for six days after you have provided written correspondence before you can contact me for the first time by way of telephone. You have not done this. I have no idea how you came to have my unlisted home telephone number, but Bell Canada assures me that they don't provide this under any circumstances. When you have provided proof, in writing, I will continue our dialogue to resolve this issue."
A collection agency called me out of the blue last week. I live in Ontario, Canada. They claimed that I owe money to a store branded MC that went in default in 2001 and they said that I made a payment to it sometime in 2004. They demanded a payment for the last Friday in October. I couldn't recall having this credit card and I declared bankruptcy in December, 2004. They don't have my address and I'm not sure how they got my unlisted telephone number.
Anyway, they are threatening litigation to collect the debt and I would like to know where I stand. The bankruptcy wasn't discharged, but my understanding is that after 5 years it becomes binding on the creditors. I also can't recall if the MC was named as a creditor when I filed. Where do I stand and what is the best course of action to take? Do I have to provide my address to this collection agency?
Here is an excerpt from a letter that I wrote to them. I didn't provide a return address on the envelope or on the letter.
"Your demand, in the October 25th telephone conversation, of payment, without any proof that there is such a debt, is unreasonable. Under the Collection Agencies Act, you must wait for six days after you have provided written correspondence before you can contact me for the first time by way of telephone. You have not done this. I have no idea how you came to have my unlisted home telephone number, but Bell Canada assures me that they don't provide this under any circumstances. When you have provided proof, in writing, I will continue our dialogue to resolve this issue."