We lived in Ontario and had a line of credit with Canada Trust. We moved to B.C.and the line of Credit followed us to B.C. . We owed about $16,000. On our Visa line of credit. When canada trust Joined up with TD bank the visa was no longer accepted as they went to master card and we now had a debt as they would not change the amount over to master card. This made us have a debt load and as a result we did not/ could not pay it off. The statute of limitation is over and my wife has just received a call from Pomer and Boccaa in Ontario telling her that she is being sued in District court in Ontario for the sue of $25,000. Which is the $16,000. Plus interest.
Is this a bluff?
Can they do this?
If they can what line of action should I take?
Will we have to go to court in Ontario and if so is the SOL a legal defence?

Bob

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Originally Posted by JungleCat

We lived in Ontario and had a line of credit with Canada Trust. We moved to B.C.and the line of Credit followed us to B.C. . We owed about $16,000. on our Visa line of credit. When canada trust Joined up with TD bank the visa was no longer accepted as they went to master card and we now had a debt as they would not change the amount over to master card. This made us have a debt load and as a result we did not/ could not pay it off. The statute of limitation is over and my wife has just received a call from Pomer and Boccaa in Ontario telling her that she is being sued in District court in Ontario for the sue of $25,000. which is the $16,000. plus interest.
Is this a bluff?
Can they do this?
If they can what line of action should I take?
Will we have to go to court in Ontario and if so is the SOL a legal defence?

Bob

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Statute is always a legal defense - if you are sure it's out of Statute. I believe Canada still has a split Statute, depending on when the debt was originally incurred.

You will have to defend the lawsuit wherever it is filed, apparently Ontario.

Thanxs. How many times can they take us to court on the same issue?

Bob

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Originally Posted by JungleCat

Thanxs. How many times can they take us to court on the same issue?

Bob

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Once. They either win or lose - or it's postponed or there's a Judgment and you reopen the case. But it's basically one hearing/trial.

Thanxs again, out of curiosity at what point in time does the statute of limitations start at to get to the 6 years IE: From the time of the last payment or the time it was sent to the clloection agency?

Tanxs again

Bob

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Originally Posted by JungleCat

Thanxs again, out of curiosity at what point in time does the statute of limitations start at to get to the 6 years IE: From the time of the last payment or the time it was sent to the clloection agency?

Tanxs again

Bob

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YOUR last activity on the account - YOUR last payment, last charge.

Thank You

Can they come after us individually or do they have to come at us separately as it was a joint account?

Bo

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Originally Posted by JungleCat

Can they come after us individually or do they have to come at us separately as it was a joint account?

Bo

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They would come "at you" separately in the sense that you are both equally responsible for the entire debt.

The papers would be XYZ vs "you" and the "other person." One suit, two Defendants.

So the phone calls keep on coming. Is there a form letter somewhere that I can send telling them to cease and desist? If I do send a letter do I mention in it about the statute of limitations just to let them know that I know about it?

B

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Originally Posted by JungleCat

So the phone calls keep on coming. Is there a form letter somewhere that I can send telling them to cease and desist? If I do send a letter do I mention in it about the statute of limitations just to let them know that I know about it?

B

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If you've been sued - and I thought you had - you shouldn't be contacted by them at all.

I would send a letter, get a receipt, tell them it's out of Statute and to stop calling you. If it's a business - which it is - get proof of delivery.

Or simply hang up when they call.