Hello there,

I'm hoping you can provide some advice. Last week I received a call from a collection agency regarding an outstanding debt. The only info he had was the amount and the finance company. Based on this, I believe it is for a secured car loan I defaulted on in 2005. Note that I also have CC debt but the last activity on them was 2004 & 2005. The collection agent is mailing a letter regarding his claim (which I understand should have been mailed prior to his calling me), and is expecting me to contact him thereafter. He doesn't have the original contract for this debt, he doesn't know what it is for, and I have not acknowledged it. He did not mention whether it was a secured loan either, so if this is indeed for the car, I hope he doesn't know it is secured.

In 2004 I became ill and am now receiving medical disability (ODSP). I'm pretty shaken up by this whole thing. I knew it would eventually catch up with me, but felt paralyzed to do anything about it. The car is not really worth much as it is a 1997 Chevy and I really need it for appointments and such.

My questions are as follows:

1) Based on the dates of the CC debt, will they fall under the SOL in Ontario?

2) Concerning the secured auto loan, if I cannot pay this debt, what actions can I expect from the creditor?

3) Do you think they might negotiate with me given my predicament?

4) If they want the car, do they have to give any notice before taking it. I read somewhere that a car cannot be removed from private property... is this true?

I would be so grateful for any timely advice as the agent is going to be calling again soon and I really don't know what to do. Thank you so much! (Sorry for such a long message.) :o

Credit Card Debt.

The SOL is 2 years from when you first went into default.

So if you were suppose to make your last payment on October 31, 2005, then the 2 years take you to Oct 2007, and the SOL would apply.

Assuming the dates are correct (ask them for verification of all debts), just tell them the SOL has expired and that is it.


The secured debt….ask for verification, but if you owe it, you owe it. I am pretty sure there is no SOL on secured debt. I would have to verify this.

They are allowed to come onto your property to remove the car (and ONLY the car). That is, assuming you are in default and therefore they contractually are allowed to (which you are and I am pretty sure your contract will say that).

Will they negotiate? Most likely. Will the negotiated amount be to your liking? Perhaps not.


As for the car….. maybe they will come and take the car, maybe not. If you think they might, you can sell the car, use the money to pay off the debt, hide the car from them, or something else.