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    Meiko's Avatar
    Meiko Posts: 5, Reputation: 1
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    #1

    Jul 16, 2009, 05:10 AM
    SOL for debt collection in Ontario, Canada
    Hi,
    I have a collection agency calling me about a debt from 5 years ago. Is there a statute of limitations on debt collection in Ontario, Canada?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jul 16, 2009, 05:42 AM

    SOLin Ontario is a gray area apparently. Supposed to be six years. Don't respond to them. If it is a debt collection company they have bought from someone else for so many cents on the dollar.

    Tick
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jul 16, 2009, 07:03 AM
    Quote Originally Posted by tickle View Post
    SOLin Ontario is a gray area apparently. Supposed to be six years. Dont respond to them. If it is a debt collection company they have bought from someone else for so many cents on the dollar.

    tick


    I don't understand how you see a grey area. This is the answer which is very often posted in regard to this question.

    https://www.askmehelpdesk.com/bankru...ada-22139.html
    Meiko's Avatar
    Meiko Posts: 5, Reputation: 1
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    #4

    Jul 16, 2009, 07:43 AM

    I just spoke with them and it's actually from 2002... so 7 years ago. Is there a way to politely ask them to stop calling or do I have to get an attorney?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jul 16, 2009, 07:44 AM

    Tell them not to call you again - determine their address and put the request in writing.

    The fact that it's out of statute doesn't mean it will be taken off your credit report or that you don't owe the money. It simply means they can no longer sue you for it. Once this collection agency backs off a second one will probably take its place.

    Statute is determined by the last activity on the account - use of the account or payment. Have you made a payment within the past two years?
    Meiko's Avatar
    Meiko Posts: 5, Reputation: 1
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    #6

    Jul 16, 2009, 08:06 AM

    I have made no payments in the past two years. Will this stay on my credit report forever? I also don't feel I owe what they say I do, what do I do about that?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jul 16, 2009, 08:41 AM

    It will stay on your credit report until it's paid or for (depends) 7 to 10 years.

    You could dispute the amount but I don't see the point in spending the time/energy if you don't intend to pay the debt anyway.

    Is this the first attempt to collect from you?
    Meiko's Avatar
    Meiko Posts: 5, Reputation: 1
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    #8

    Jul 16, 2009, 08:51 AM

    They say it isn't, but it's the first I've heard anything about it. They are for charges in which an ex used without my knowledge. This is the first I've heard anything about it, but they may have tried to contact me at my old residence and possibly spoken with him. Is it best to just suck it up and pay it? I imagine it would be pretty hard to prove at this point in time that he used the card without permission or knowledge.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Jul 16, 2009, 09:20 AM

    You can always negotiate a payment amount - make an offer or 50%, go up to 60%, see what they will take in full settlement - pay it and THEN sue your "ex" in Small Claims Court .

    The only way to get it off your credit report is, of course, to pay it.
    Meiko's Avatar
    Meiko Posts: 5, Reputation: 1
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    #10

    Jul 16, 2009, 09:43 AM

    I don't feel like I would sue him, but I will definitely try to get my money back. Thanks for all your help.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Jul 16, 2009, 09:50 AM
    Quote Originally Posted by Meiko View Post
    I don't feel like I would sue him, but I will definately try to get my money back. Thanks for all your help.

    Please come back and let us know how this works out for you - a lot of people end up paying when they are co-signers, their card is used without their permission and so forth.

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