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    orange161's Avatar
    orange161 Posts: 2, Reputation: 1
    New Member
     
    #1

    Aug 17, 2006, 04:49 PM
    Ontario - debt statute of limitations
    I was recently contacted by a debt collector who told me I owed an Ontario University money. I have not attended that school since 1999 and this was the first corresponence I received regarding this debt. I would like to know if they can take me to court for this, and if not, can they put this debt on my credit report. Also interested in what constitutes acknowledgement of debt - I left a message on the collection agencies voicemail saying that I was looking into a loan to pay off debt but that I needed a record from them for what exactly the money was for. Can anyone help please.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #2

    Aug 17, 2006, 05:35 PM
    Is this an OSAP loan or just you never paid the universities tuition's bill or simply didn't pay for overdue library book fines?

    If it is OSAP, you still owe the money.

    If it is the ladder, I would think that the old SOL of 6 years would apply to you. But, when it comes to universities, there are always special rules regarding them.

    But it all will depends on what type of loan or money this is that you owe.
    orange161's Avatar
    orange161 Posts: 2, Reputation: 1
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    #3

    Aug 17, 2006, 06:18 PM
    The money is for tuition fees owed directly to the university, not OSAP.
    fed up's Avatar
    fed up Posts: 91, Reputation: 6
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    #4

    Aug 17, 2006, 07:34 PM
    Check you credit rating. That should tell you if your outstanding loan will haunt you until you pay it off.
    jdnasty's Avatar
    jdnasty Posts: 1, Reputation: 1
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    #5

    Feb 29, 2008, 12:07 PM
    What is the Statute Of Limitations Law In Canada


    March 4, 2003 decision of the Supreme Court of Canada decided that limitations applied to CRA as well as other Crown proceedings. Section 32 of the Crown Liability and Proceedings Act and Section 3 (5) of the BC Limitation Act barred collection of the Federal and Provincial portions of the debt since the debt was more than 6 years old.

    The following is the Statute Of Limitations laws for the Provinces and Federal Government in Canada

    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.

    Ontario - The Ontario Limitation Act 2002 , came into force on January 1, 2004. It sets two years as the term (Section 4). This limitation will be reinstated where the debtor acknowledges the debt or makes a partial payment towards repayment of his debt. If the default occurred prior to January 1, 2004, the creditor will continue to have 6 years to pursue the claim. However, if the default occurred after January 1, 2004 then the 2-year rule applies.

    Federal - Section 32 of the Crown Liability and Proceedings Act sets 6 years as the limit for debt.
    damian2004's Avatar
    damian2004 Posts: 1, Reputation: 1
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    #6

    Aug 20, 2009, 01:43 PM
    So does that mean that any debts incurred after 2004 they have only 2 years to colelct unless one admits they owe the debt and make some form of payment? My wife aparently owed a rogers bill from back in 2005. This went to colelctions and on her credit record. They still called her mother as of last year. This debt was aprently sent to cbcl which is now some other new company. If the limitations act applies do they need to remove it form her credit record? And if so how would she go about having it removed from her record?
    KateLR's Avatar
    KateLR Posts: 1, Reputation: 1
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    #7

    Apr 1, 2010, 07:07 AM
    Quote Originally Posted by jdnasty View Post
    What is the Statute Of Limitations Law In Canada


    March 4, 2003 decision of the Supreme Court of Canada decided that limitations applied to CRA as well as other Crown proceedings. Section 32 of the Crown Liability and Proceedings Act and Section 3 (5) of the BC Limitation Act barred collection of the Federal and Provincial portions of the debt since the debt was more than 6 years old.

    The following is the Statute Of Limitations laws for the Provinces and Federal Government in Canada

    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.

    Ontario - The Ontario Limitation Act 2002 , came into force on January 1, 2004. It sets two years as the term (Section 4). This limitation will be reinstated where the debtor acknowledges the debt or makes a partial payment towards repayment of his debt. If the default occurred prior to January 1, 2004, the creditor will continue to have 6 years to pursue the claim. However, if the default occurred after January 1, 2004 then the 2-year rule applies.

    Federal - Section 32 of the Crown Liability and Proceedings Act sets 6 years as the limit for debt.
    I purchased a cellphone with Rogers in August of 2006, and fought with them every month on the phone bill because I was being over charged and charged for things not even on the phone, etc. At one point I had a customer service representative yell at me and hang up on me when I asked to speak to their supervisor. At this point my phone bill was $800. I had asked them to disconnect the phone. They did not for about 6 months after that. Then I started getting collection agency letters and calls for outrageous amounts in the bill that I owed Rogers. The first was for 5400, then 6800, then 9000. Now I've just been served draft court papers dated for March 22, 2010 in the amount of 7600.50. It seems that Rogers can not make up their mind on what they are trying to go after from me, it's totally ruined my credit. I had to call the Law Firm and arrange to make payments that I cannot afford.

    The last time I spoke to a collections agency on this matter was in 2008, they were not being agreeable and I was out of work at that time, I asked them not to contact me again because they were calling several times a day, every half hour sometimes and sending me a letter monthly. I had told them at that time I would make payments up to $800 the original amount owing, they would not accept that. After I told them I want the calls and such to stop, I have not heard from them until I received this letter in the mail from the Law Firm on behalf of Rogers.

    Reading what I have about the Statue of Limitations, do I have to pay this or is it over due for them to even attempt to collect from me?

    Kate
    xCollecter's Avatar
    xCollecter Posts: 1, Reputation: 1
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    #8

    Feb 3, 2011, 02:02 PM
    Any unsecured debt can be pursued indefinitely as long as the debt can be established.

    The statute of limitations only applies to litigation (2 years from the date of write-off) and credit reporting (6 years from the date of write-off)

    **note** The SoL for credit reporting on Student Loand and other federal/provincial debts is 10 years from date of write-off.

    ANY monetary acknowlegement of the debt will reset the SoL for both litigation and credit reporting.

    Make a payment at +1 year 364 days = they can(if they wish) sue you for another 2 years.
    MaddyLove's Avatar
    MaddyLove Posts: 1, Reputation: 1
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    #9

    Mar 30, 2011, 10:06 AM
    So would that mean that the SOL on debts are from the date that the debt was filed or from the date of last payment? What happens, after 6 years... will the debts be purged from a credit bureau or file?
    captainron's Avatar
    captainron Posts: 1, Reputation: 1
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    #10

    Jun 1, 2011, 04:10 PM
    I was told by a lawwer and a judge. Do not acknowledge the dept, by writing or any way, Voice mail.You must say you were inquiring to find out What Dept?
    Do not make any payments towards the dept, as then you acknowledge the dept. And lose your two year limitation rights, and the dept becomes new again.
    So, do nothing, hang up. Don't answer.
    They had 6 years to file a small claims court claim and did not do it. And did not do it in the last 2 years. They are beyond the statute of limitations.
    As for collection agencies, they go through old dept files and try to collect on them. They get a big cut of the money.
    As for your credit rating, if it is showing up, write the credit bureau and ask them to remove the file, as it is beyond the statute of limitation.
    whiskeysour101's Avatar
    whiskeysour101 Posts: 1, Reputation: 1
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    #11

    Dec 3, 2012, 04:30 PM
    Does this apply to debt incurred from the 407?

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