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-   -   Debt laws in ontario (https://www.askmehelpdesk.com/showthread.php?t=718610)

  • Nov 23, 2012, 02:49 AM
    onlyif
    Debt laws in ontario
    Hello,
    I live in Barrie, Ontario, Canada Can someone help me, Me and my girlfriend have been together since 2005 when we got together she had a credit card she added me to her card as a user. As time gose on (2007) she stopped paying the bill the card company reports to the credit bureau at her. About a year later I tried to get a mortgage and I was turned down they told me it was a credit card that was reported on me. So right then I know it was the card my girlfriend had because I never have my own credit card before. So I called the credit card company and asked about it they said I have to pay too. I don't think I should have pay this bill because I was only a user not a card holder. I did not pay it. With this on my credit bureau for years, last week I called the card company again and they told me they can not talk to me because it is not my card they can only talk to the card holder. Ok the question I have is. Can I sue the card company for reporting to my credit bureau and messing up my credit for years? And would the courts remove it completely from my credit bureau right a way? And would the credit card company have to pay me for the stress and bad credit I had to live with all this time. Please Help Me Thanks
  • Nov 23, 2012, 06:17 AM
    tickle
    Yes, you as a secondary card holder are responsible for the debt; that is the way it works. No, you can't sue, the bad credit information was already with the credit bureau, credit card company did not report you. And, no the courts will not remove it completely. When the debt is paid up and discharged, is the only time it will come off your credit rating, but not instantly.

    You and your g/f are responsible for the debt; however, the statute of limitations on credit card debt in Ontario is six years from the date of the debt, so it looks like you are safe for now, but the fact remains, your credit is still not good.

    The fact remains that this debt not discharged will be sold many times over for so many cents on the dollar to collection agencies who will try to collect from you.
  • Nov 23, 2012, 07:08 AM
    ScottGem
    It depends on how you were added. If you were just added as an authorized user, then no you shouldn't be responsible. If you were added as a co-borrower then you are.

    No you can't sue them successfully, but you should be able to have it removed from your record if you are not a co-borrower.
  • Nov 23, 2012, 08:34 AM
    tickle
    I was added to my husbands card, as an authorized user, years ago and yes, I was responsible for any debt incurred and unpaid (that is what their TD Visa agreement states}.
  • Nov 25, 2012, 07:44 PM
    onlyif
    Quote:

    Originally Posted by tickle View Post
    Yes, you as a secondary card holder are responsible for the debt; that is the way it works. No, you can't sue, the bad credit information was already with the credit bureau, credit card company did not report you. And, no the courts will not remove it completely. When the debt is paid up and discharged, is the only time it will come off your credit rating, but not instantly.

    You and your g/f are responsible for the debt; however, the statute of limitations on credit card debt in Ontario is six years from the date of the debt, so it looks like you are safe for now, but the fact remains, your credit is still not good.

    The fact remains that this debt not discharged will be sold many times over for so many cents on the dollar to collection agencies who will try to collect from you.

    No I was just added to her card as a user not a holder (co-borrower) I understand it if I was a co--borrower I would be responsible for it but I was never. Just a user, As for the statute of limitations dose that starts from the last time the credit card company reports to my credit bureau
  • Nov 26, 2012, 03:56 AM
    ScottGem
    Generally SOL starts from the last activity on the account.

    You need to get a copy of the contract to make sure what responsibilities a user has.
  • Nov 26, 2012, 10:11 PM
    onlyif
    Quote:

    Originally Posted by ScottGem View Post
    Generally SOL starts from the last activity on the account.

    You need to get a copy of the contract to make sure what responsibilities a user has.

    OK thanks everyone for the help

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