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power posted:I haven't had a look at my Credit report, and know that is step 1. We can go as far as to assume its ugly. The "pay for delete" option in the US is very intriguing. I was making 50+K a year for the last 2 years, and couldn't get even a $500 secured card, which is incredibly limiting when it comes to online transactions, traveling, etc. It's kind of sad driving a brand new vehicle and being unable to book a hotel room! I am not an expert, but pay-for-delete is rare to nonexistent in Canada. If it's been six years since that loan went bad, you might as well wait for it to drop off your report. I can't help but mention that if you can afford to buy a brand-new vehicle, you can afford to pay off your debt, and that would be the right thing to do.
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# ¿ Dec 17, 2009 02:29 |
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# ¿ Apr 27, 2024 21:04 |
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shop posted:OK any help here would be great. Due to similar stupidity seen in various parts of this thread I owe $24,000.00 CDN that I blew off 2 years ago when I moved to the States. I just received a piece of mail from the collections agency stating that my debt has been assigned to them and they have called a few times and left voicemails. Being that I live in the States but plan on heading back to Canada someday what should my course of action be here? Yeah, this depends on your province, and what "someday" means in terms of when you plan to return. It could already be beyond statute if you lived in Ontario, but your account is closed and you would probably have difficulty getting a new one with that outstanding debt. The seven-year reporting rule applies here as well, so if you're planning to stay in the US for another 5+ years you may be okay when you return, assuming there is no judgment against you and you don't want to go back to CIBC. Don't take my word for it, though, because I don't know much specifically about bank accounts. To my knowledge Canadian banks don't blacklist (we don't have Chexsystems), but I am not an expert.
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# ¿ Feb 9, 2010 23:02 |
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Safe and Secure! posted:I just found out that I'm on the hook for $300 that wasn't paid by my mom's insurance for an urgent care center visit six months ago. They told me I'd be notified if there was anything for me to pay after the insurance paid their share, but I never received any notification until now, when I found out that the sum has been sent to a collections agency. Has this even hit your credit report yet? You're jumping the gun here. Has it actually been purchased by an external collections agency? If it's still owned by the original creditor, they don't have to validate.
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# ¿ Jun 14, 2012 01:26 |
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AuntBuck posted:You the consumer have 30 days to send a debt validation request before losing a bunch of your rights, but unfortunately there is no time limit for collection companies to respond. However what they sent you isn't really a proper validation, and including an academic calendar is actually laughably bad. IANAL but personally I would respond saying that's not proper validation and request actual documentation. Read up on the FDCPA before you do that. Since the amount is so small I would be surprised if they put much more effort into collecting it. What do you consider proper validation, then? Not like wikipedia is a great source, but this is basically the law: "The FDCPA does not define what constitutes proper debt validation, and the issue has not been fully resolved by the courts. In the leading case of Chaudhry v. Gallerizzo, the Fourth Circuit Court of Appeals adopted a relatively low standard: "Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt."
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# ¿ Jun 15, 2012 20:13 |
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Redfont posted:If the companies haven't updated to the latest owners of the dispute, I would imagine that that would be the best course for you to take. Maybe even call the original owners of the debt, tell them you're disputing it online and that they should confirm that you're no longer responsible for the account. I don't know what they're like but if you can get them to cooperate with you (I don't see why they wouldn't since they no longer own the debt) things should be much easier. This is dumb as hell. Just because you got a dunning letter from a collector does not mean the original creditor is no longer involved and will let you off the hook. Powdered Toast Man's accounts are very recently charged-off credit cards. It's probable that the debts are just assigned, not sold. In this case the collectors usually won't respond to a validation request, they will just kick the accounts back to the original creditors and let them handle it. The original creditors can probably sue him tomorrow if they want to. Trillian fucked around with this message at 08:38 on Jun 27, 2012 |
# ¿ Jun 27, 2012 08:35 |
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Powdered Toast Man posted:Uh...why would they sue me? I said so in the context of "don't call these people up and be stupid." However nothing you said means they won't, necessarily. They are not obligated to make you an offer. They just generally won't bother suing unless the SOL is running out or you do something dumb and it's a lot of money. The collectors you're dealing with likely did not purchase the debt as you assume. They are often assigned it by the original creditors at this stage of the game. This doesn't mean they won't negotiate, though. Trillian fucked around with this message at 22:01 on Jun 27, 2012 |
# ¿ Jun 27, 2012 21:56 |
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Powdered Toast Man posted:Well, the original letters from the two collection agencies said nothing about whether they were assigned or had purchased the debt, so how am I supposed to know what the status is? I thought they had to tell you everything. If they have purchased the debt, then they are obligated to show you that they now have the right to collect it. That is really it. A charge-off does not mean the debt is sold. Creditors declare charge-offs on debts, usually after six months, so they can get a tax break on the money.
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# ¿ Jun 28, 2012 20:42 |
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Powdered Toast Man posted:Well, this is an interesting development. This is what I was trying to tell you when I said the debt was likely assigned, not sold. The assigned collector kicked it back to the creditor (who still owned it) for followup as soon as you said "not mine." Asking for verification is disputing liability; you're saying the debt isn't yours and you shouldn't have to pay. Disputing a newly charged-off account is dangerous, they usually have their ducks in a row and sometimes you get more attention if they think your validation request was spurious.
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# ¿ Jul 15, 2012 02:58 |
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LorneReams posted:I would just sue if you have all your ducks in a row...but I like suing. 1. They don't have to respond within 30 days. 2. He requested verification over the phone so he has no proof. How the hell could you sue based off of that?
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# ¿ Jul 26, 2012 10:57 |
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woozle wuzzle posted:Having negative balances with banks can hurt your ability to work with other major banks, apart from your credit score. They use an internal Check System thing, so if some one went on a spree of bad checks they'd get caught same-day to minimize the damage. The same system makes it hard for you to open new accounts with a lingering negative balance. But I think it also fixes pretty quickly if you take care of it. I'm not an expert in the Check System thing at all, but I know it exists. You're thinking of ChexSystems and it is indeed a problem to be in their bad books. I am not actually sure if paying off a written-off account will clear you. For that reason I would try to talk to the bank directly.
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# ¿ Aug 2, 2012 04:22 |
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Sazpaimon posted:Also, as far as I know the debt hasn't been sold off to any 3rd party agency. Then they're not required to validate.
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# ¿ Aug 9, 2012 06:21 |
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The majority of the information in this thread is not relevant to Canada. Pay-for-delete is not an option here. You can either try to negotiate for a 'settled' tradeline or wait it out for ~3 years until it falls off your report. You may have some additional issues with the chequing account debt if you decide not to pay. Usually a debt like that will get you blacklisted by other banks until it is settled. Edit: It is also possible that you will not get off the blacklist if you settle for a smaller amount. I don't know, but I would definitely find out before you hand over any money. Trillian fucked around with this message at 03:58 on Oct 5, 2012 |
# ¿ Oct 5, 2012 03:55 |
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deptstoremook posted:"Dear deptstoremook, If they're within the statute of limitations in your state, you're wise to leave them alone.
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# ¿ Jan 16, 2013 06:27 |
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Tide posted:Long story short... You have a limit of 30 days to request validation. They do not have a limit of 30 days to respond.
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# ¿ Feb 4, 2013 17:08 |
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Tide posted:That can't be right. No, they can't continue collection actions until they validate.
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# ¿ Feb 4, 2013 18:09 |
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Panthrax posted:So, I'm stupid and ended up paying a bill late. Two days after the hospital deposited the check (or it at least showed up in my checking account) I received a collections letter. I sent a verification letter and all that hoping they'd talk to the hospital and see that oh, he paid, we'll just go away. That didn't happen, and they sent me an itemized bill. Who do I talk to about this? Do I call the collections place and tell them it's been paid already? Do I call the hospital and tell them to call off the dogs? How does this work? How about both? Why would you send a verification letter instead of just talking to someone to see if you can clear it up?
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# ¿ Feb 22, 2013 19:14 |
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Spatchcent posted:I'm posting an update to let you all know that I sent a letter to Resurgence Legal Group. I simply stated that I do not acknowledge the debt and to ask them to provide me a hard copy of the debt they claim to own. In the event that they decide to sue me, I have intent to show up in court to dispute the collection. I have no money to settle with so this is my best option. I hope I made this clear enough to them that I am serious about my financial situation, and I refuse to let a group I never heard of to take claim of my life I still struggle to rebuild. It's not really clear whether you understand that "disputing the collection" means claiming that this debt is not actually yours. If it is a legitimate debt, which you basically said it is, they can sue you and win regardless of your current financial situation. It's possible that the collector may not have the appropriate paperwork, or actually go through with suing you, but if they do they will be far harder to deal with then they are now. After they get a judgement you'd be on the hook for court costs in addition to the debt, and they can try to garnish wages, attach a bank account, and pursue you as long as it takes. Be careful taking the "I'm not going to be pushed around" approach here. And if you get sued, talk to a lawyer.
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# ¿ Mar 9, 2013 00:57 |
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Faded Mars posted:Are there any Canadian goons who have dealt with Canadian-related debt issues? You need to send a registered letter first. Here's the bit from Ontario's Collection Agencies Act: quote:Section 22. (1) If a debtor sends a collection agency or collector, by registered mail, a letter stating that the debtor disputes the debt and suggests that the matter be taken to court, the collection agency or collector shall not thereafter contact or attempt to contact the debtor, unless the debtor consents to or requests the contact. If they don't stop contacting you, then the provincial complaint process is your next avenue. The statute of limitations cannot be reset once it has already expired. The collector has no legal recourse, even if you said "neener I owe that money but I am not paying," they can no longer make you. Not that you should do that, because Consumer Protection might take a dim view of your complaint, if you need to make one. The Consumer Protection Branch also has a helpline: 416-326-8800 or 1-800-889-9768. I haven't used it specifically, but I've found other provincial helplines more useful than I expected them to be.
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# ¿ Mar 12, 2013 21:47 |
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I Am A Robot posted:My girlfriend got into a car accident about three years ago. She hit a car in front of her which then bumped the car in front of it. The police came and reports were made. Your girlfriend should get some documentation and consult a lawyer to find out if these new charges are valid. Beyond that, whether you think that someone's injuries were legitimate is not relevant. If the woman was actually awarded damages by the insurance company then she had enough proof for them.
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# ¿ Apr 2, 2013 14:40 |
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Queen Elizatits posted:Hey friends, I'm kind of stumped and I would love some advice please. I have an old Federal Student Loan from Canada that went to collections 10+ years ago. Terrible excuse but what happened was after I had started paying off my Ontario Student Loan and Federal Student Loan the loan holders split each loan into two loans, this happened to everyone with these loans, and for whatever reason 1 of the 4 loans stopped coming out of my bank account automatically. I wasn't in the best place and eventually ended up homeless for awhile and just wasn't paying enough attention to my back account. The loan eventually went to a bill collector in Canada. I don't really understand from your post if you are living in Canada. If you are, and this is from a government-backed loan program, they're not going to settle. Pay-for-delete is not a thing here. Trillian fucked around with this message at 08:07 on Apr 18, 2013 |
# ¿ Apr 18, 2013 08:00 |
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I would try the legal megathread.
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# ¿ Apr 25, 2013 04:31 |
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Lotus Brony posted:Alright fellow goons, I need your opinion on next steps for this scenario that I'm currently dealing with. This is in Colorado, USA. If you go to court, you will likely have to pay court fees in addition to the debt, and it will be on your credit report as a judgement. Don't be dumb.
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# ¿ May 16, 2013 23:44 |
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Badonkadonk Suh posted:I certainly appreciate the friendly advice you've provided. I wouldn't have known to search within the legislature site, but a good reference point in the future. If you are actually being sued and are going to admit that you owe the debt in writing, you absolutely need real legal advice.
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# ¿ Jun 23, 2013 02:24 |
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# ¿ Apr 27, 2024 21:04 |
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Kubricize posted:I've read the last couple of pages in this thread after receiving a weird phone call from the same company as this poster, except mine is supposedly from a Telus matter from early 2008. I told them to mail me and to not contact me again by phone, since then they've called twice a day for the last five. Nothing has shown up in the mail, and I am currently waiting on my Equifax mail to see what this is all about. I didn't realize the 2 year law in Ontario, and this is the first time I've heard of any outstanding bills owed. Should I tell them to gently caress off on calling me since it's been 5 years now and send a letter to Equifax? I'm feeling pretty stupid at the moment with regards to what I should be doing since this is all of a sudden. The collector is barred from contacting you without first sending a letter, and you can make a complaint to the Ministry of Consumer Services on this basis. The collector also has to provide some accounting of the debt if you request it. The limitation period you refer to means that you can't be sued for this debt, but it does not bar collection attempts. So if this collector sends you the dunning letter, unfortunately they're still allowed to annoy you, if it is a legitimate debt. If it is not legitimate, you should send the collector a registered letter, and dispute anything that has appeared on your credit reports (check Transunion as well.) "Not legitimate" in this context really means that it is an error or a case of mistaken identity. If it is legitimate, it will disappear from your credit reports six years after the date of delinquency. That's probably next year. So if you're not applying for a mortgage in the next year, you might just want to wait it out. Be aware that making a payment will reset the clock.
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# ¿ Jul 17, 2013 01:27 |