[Deb1]

I have been contacted by Nordon Collections on a debt from May 2003
In which they advise I owe $9,467.00 due to a car loan after they sold
The vehicle on a repo they advised I owe this amount and will take
Me to Superior court If I don't pay it today and garnishee my wages.
I advised them I do not believe I owe this amount and they then
Came back with how about you pay $3,000 and we will ask the bank
To close your account.
Any suggestions on what steps I should take.

Deb1

[mr.yet]

What state do you live??

[Deb1]

I live in Toronto Ontario Canada.

[mr.yet]

I will have to defer to someone in Canada, maybe Captain Forest

https://www.askmehelpdesk.com/bankru...rio-23634.html

This post may answer your question.

[Deb1]

So if I am reading this correctly the Collection Agency only has
2yrs from the date of the debt incurred to collect any outstanding
Amount in claims court and unless I agree that I owe the debt, then
They only had 2 yrs from May 2003 until May 2006 to try and collect
From me. No wonder the guy on the phone was so willing to make
A deal to have me pay only $3,000 towards the $9k. He more or less
Told me we should work together and not through lawyers or courts.
Maybe he;s getting a kick back or something, but he was pretty
Willing to negotiate. He knows I got burned on the car deal with
Disability insurance payments so now he is trying to make a deal
On one hand and yet threaten me on the other by stating he will
Call my boss to find out how much money I make and garnishee my wage.
Even if it does go to court, we have privacy laws in Canada that prohibit
Anyone from obtaining info on personal details, such as payroll info.
So I think he is groping for info at this point.
Should I tell him to take a hike or how should I handle this guy.
I need to play my cards right.

Tks

Deb1

[mr.yet]

Dispute the debt and demand validation of the debt. Tell them the SOL is pass and they may back off.

[Deb1]

Thanks for the great info.
I did not agree to this debt so I will certainly tell them politely
I don't owe them anything. And see what pans from there.
If I find anything out I will let you know. No wonder the guy
Did not want me to hire a lawyer?? hmmmmmm

[Fr_Chuck]

While not an expert on Candian law by any means, does not the fact that they already went to court and got the repossession order.

Next what was the date that the auto was sold and all of the bills of the sale and the such was final, You did not "owe" the current amount till that time.
Not the date on the loan, since this is a debt from the repo and repo sale.

[Deb1]

The sale of the vehicle after the repo in May 2003 occurred in June 2003.
Thus the diff in owing amount of what they actually sold the vehicle for
At most likely a public auction. $9k difference in the sale vs the loan
Amount from the Bank. This guy now is threatening me to take me to court
And I would have to pay legal costs of $4k plus the 9k and then he says
How about you pay $3k and I will ask the bank to close the case.
Not sure what to do but he wants an answer today by 3:00 pm est.
If I do not call him back he says he will call my place of employment to gain
Employment info(which I know by law he cannot do this) privacy act comes into effect.
They would have had to go to court when the Sherriff showed up to repo
The car that morning. Then they send you a letter stating you have to
Pay the arrears of the loan. Or they sell the vehicle. But before this
Happened we had taken out disability insurance in case of illness and my
Husband did take ill and we notified the insurance company. Turns out the
Guy at the dealership missed a part of the disability form to include my
Husband;s signature as co-signor so they refused to cover us for
The car payments-what a mess.!

[talaniman]

BEWARE- they will say anything to get your money! No one can garnish your check without a court order, and this guy probably doesn't work for a bank but a collection agency. The bank probably wrote this loan off already.

[Gina C]

Tell him you want to deal with the directly with the car company whom you purchased it from and, DO NOT TALK to them anymore then, fax the collection agency a cease letter, trust me they will back off... more importantly... If you make a deal with the collection agency that will restart the statueand be on your credit for how ever many years the statue is .

I have delt with many issues like this. And if your going to pay it make a written deal with the car company and send it but,if your not going to pay it. DO NOT TALK to the car company either. Just dispute it with the credit bureau if,you feel you do not owe the monies. Anymore questions I will be glad to help...

Gina

[talaniman]

Do not commit yourself to any deals with a collection agency!!

[CaptainForest]

Deb 1,

I am glad you are keeping up with the new laws.

The SOL in Ontario is now 2 years. However, that only applies to debt AFTER Jan. 1/04

Since your debt is from May 2003, that is still subject to the old laws, which had a SOL of 6 years.

So, they can take you to court up until May 2009.

[excon]

Hello Deb:

In the US, according the Fair Debt Collection Practices Act, he cannot call your employer, NOR can he threaten to do so.

In Canada, as in the US, I suppose there is a statute of limitations preventing a lender from filing suit after a certain period - generally three years depending on the state. However, even though the lender can't sue, that doesn't mean the debt is discharged. It isn't. As a matter of fact, there is NO statute of limitations on a debt. If you owe it, you'll owe it forever.

Again, in the US, there are a lot of bottom feeders in the collection business. They buy old non collectible debt from banks and even other collection agencies for pennies on the dollar. ANYTHING they collecty on top of what they paid, is pure profit. Sounds like that's what this is.

Before you do anything, get a copy of your credit report and see if this debt is being reported. If it is, then you have some leverage over the guy, and you might want to pay something to improve your credit rating.

But, if the debt is legitimate, and he follows the Canadian equivalent of the US law, he can bother you about it (and hurt your credit rating) forever.

excon