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2014-08-11 16:17:18

Client Inquiry: Identity Theft

Client Inquiry:

I have a creditor harassing me about a credit card I never ever had from 2004, he said that the debt company he works for recieved it in 2007. FDR. He said they will take my car, furniture , GST and income tax from me if I do not make a payment deal with him. Can he actually take my gst and income tax? I have written several letters, one registered asking for any information, signatures, purchases and even the address and phone number the card was issued, but have received no response.


Trustee Response:

Identity theft is a tricky subject.

First of all, there is a statute of limitations is BC that limits the creditors rights to collect on debts.  (it was reduced in 2013 to 2 years.)  Your debt is older and thus would be subject to the old "6-year rule" but either way it seems to be way past that point now.

Regardless, if any creditor wants to do anything notwithstanding their limits as discussed above, they would FIRST have to get a judgement against you in a COURT before they could ever garnish anything.  This applies to all creditors except Revenue Canada.

So my advice, tell him you are recording the conversation and get him to say all those things again.  I doubt that he will "repeat" it given what I listed above.  If you can record the conversation do.  If you can't, just tell him that you are.  Get him to spell his name and state his phone number, who he is working for and where he is licensed.  If he gets abusive, then you know he is lying.  Write down the information if he gives it to you, and you can make a complaint to the BC Consumer Debt Collection at .

Further, you should consider registering a "Notice or Block" on the credit bureaus (Equifax and TransUnion) to let them know that your personal information was compromised.  This will mean that you will not be allowed to apply for credit without talking direct to you first.  It’s a bit of a pain if you are applying for new credit, but it protects you for the future.  You may also want to write to the Bureaus and make a report (up to 100 words) that they can place on your credit report outlining your past issues just in case someone is looking into the reasons why the Bureau may indicate that you have defaulted on credit in the past.


Hope that helps