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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85242
Experience:  Lawyer
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Legal question about the following situation: A person

Customer Question

Legal question about the following situation:

A person has received a call from a collection agency claiming that an unpaid bill owed to H&R block has gone to collection as it has been unpaid 6.5 years ago. The problem is that the person never knew that money was owed (no written notification). This person is asking H&R block to provide documentation as to notification and details of the debt, but they have not yet complied and are not calling off the collection agency.

History: The person does recall using their services almost 7 years ago, but they made a mistake on the tax return. In short, H&R Block said that a tax refund was coming and they paid that refund to the person up front before the CRA assessed the return. The CRA assessed and corrected the return produced by H&R Block and no refund was owed. So, H&R block wanted the money back that they had paid the person, based on their erroneous work. The person told H&R Block sorry ... you made a mistake, you go fix the problem with the CRA.

That was the last this person ever heard of H&R Block, until now, 6.5 years later when a collection agency called. No written or even verbal notification given by H&R Block that collection was coming.

The debt was 400$. They now want 900$.

The question is this: Doesn't H&R block have the burden of providing a paper trail of notification attempts to support this? This person always pays his/her bills and has a perfect credit.

This person is trying to get this information from H&R block, but to date, it appears that they are not going to make a serious effort.

What law articles can be used to force H&R Block to:
1) Follow proper procedure
2) Call off the collection agency
3) Have them dismiss this process immediately if they have no documentation to support their claim.
4) Ensure there is no impact to credit.

Thanks,
M.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

What province is this please?
Customer: replied 1 year ago.

Province of Ontario.
Thank you.
Expert:  Legal Ease replied 1 year ago.
The limitation period for suing on a claim in Ontario is 2 years.

You cannot be sued any more.

There are two ways the limitation period can start over though.

The first is if you acknowledge the debt in writing.

The second is if you make a partial payment towards the debt.

So don't do either of those.

You can tell them that you deny it's your debt, you won't be paying them anything and you are putting them on notice that they are not to contact you again.

Tell them if they do you will consider this to be harrassment and will file a complaint with their regulatory body, the Consumer Protection Branch.

Tell them if the harm your credit record at any point in time, this being 6.5 years after the time they could have pursued any amount owing that they believe you owe, you will sue them for damages.

Let me know if you need any further clarification.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85242
Experience: Lawyer
Legal Ease and 3 other Canada Law Specialists are ready to help you
Expert:  Legal Ease replied 1 year ago.

Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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