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Tenant Debt In Collections


ALTab Rep Points:
Posted on November 17, 2009 at 5:34 pm
Hello =), I need a little advice!! (please don't mind the wall of text >< Read if you like or skip ahead to important Q's I have at the bottom) In July 2006, a debt of $3800 CND appeared in the hands of a collection agency called ICOR. It was from a previous apartment that I, along with 2 others, had rented. ICOR does not 'buy out' debts, they work with the apartment company for a percentage fee. I did not find out about this debt until a year later when I applied for financing for a car and *POOF* there it was on my credit report. (but did not appear on the other two peoples credit reports with whom I had lived with) I called the apartment company to confirm/discuss the claim. They told me they had sent notice of the money owing to me (to the apartment I no longer lived at) and then sent the debt to collections. They claim I owe money for: Breaking the lease Waste removal Lock changes Cleaning fees = 3800$ I asked for copies of the records. They said they had sent the records to the main office and would request them and send them to me in a week or two. I called 2 weeks later, same story. Then I was unable to get ahold of them, upon numerous attempts. I left many voicemail messages. I called ICOR again and they gave me details of what was on file. I found out I was able to use military resources for 'money owed' for breaking the lease (as in military, when you or significant other are posted or go on tour, the military will deal with costs such as breaking a lease) I managed to get ahold of the apartment landlord (after months of trying) and asked how I would go about seting up he military covering the lease costs. The lady told me I needed to bring in a letter signed by military officials stating they would cover the costs. I got the letter but then was unable to contact the landlord for another few months. By the time I managed to reach them, the time limit for military help had passed (2 years) And today I found out that you don't just hand a letter to the landlord, you pay the costs and the military reimburses you. And the landlord lady that I had been dealing with who had given me false info is no longer working there. I informed ICOR (the collection agency) that the claim for money owed was in dispute and for ICOR not to call me, I would contact them when things were 'resolved' Now, a year later, I am trying to build credit to buy a home. Being approved for a credit card is hard with a 3800$ debt on my credit record. ----------------------------------------------------------------------------------------------------- The debt went to collections in July 2006. It's now 2009. In Alberta (Canada) the statue of limitations says collectors have 2 years to collect if it is not in judgment. Does this apply to me? How do I find out if it has already been deemed 'in judgment' without causing concern with ICOR -so that they go to judgment. I have never received any documentation from the landlord or ICOR. If I am not 'in judgment' and the statue of limitations apply to me, what steps do I take now to avoid going 'to judgment' (or can I still go 'in judgment'?) And is it possible to have the debt removed from my credit history now? If so, how? What do I do now!!!

break on through Rep Points:
Posted on December 7, 2009 at 10:21 pm
The statute of limitations (on debt collection?) on that debt has expired, that is if you are sure that it's for 2 years. What it means is that your creditors may not sue you for judgment on that debt anymore. But that's a U.S. law, I don't know about Canada.

Isabel Rep Points:
Posted on December 7, 2009 at 10:30 pm
I checked your SoL:Alberta - The Alberta Limitations Act sets 2 years as the term which is extended to 10 years if there is a judgment. And how to avoid judgment? Pay that debt off. Another good question to ask is - how to not reset the SoL (?)
Posted on December 7, 2009 at 11:02 pm
If I am not 'in judgment' and the statue of limitations apply to me, what steps do I take now to avoid going 'to judgment' (or can I still go 'in judgment'?)If you admit to that debt, promise to pay it, or even started making partial payments, that would reset the SoL on that debt. So don't say or do anything, until you've had that debt verified and you already have a payment plan/financial advice (which you might obtain from credit counseling or debt settlement).And is it possible to have the debt removed from my credit history now? If so, how?Not until you've cleared the debt. Once you have, whatever means you employed to remove it (credit counseling or debt settlement) would reflect on the credit, but your score would have improved because of it elimination.

doctor crane Rep Points:
Posted on December 8, 2009 at 12:03 am
To eliminate that 3800$ debt, why not try credit counseling? Credit counseling  would would try to lower your interest rates so you can get at the principle amount much quicker.