by snetherc » Thu Mar 27, 2008 06:01:29 PM
couple of points:
1. when the debt is bought the Collection Agency is no longer an "Agent" of the original creditor, but the principal - the original creditor is not "bound" by the actions of the agent and is no longer a legal party to the contract after the sale - the same way Citi took over from Canada Trust.
2. the original contract is still binding on both parties, and "lisenced" collection agents are still required to abide by the act. However, the Ontario government is notorious for failing to enforce both the Credit Reporting Act and the Collection Agencies Act anyway so the loss of protection is moot.You are actually better off dealing with the principal because they won't try to hide behind the third party im not liable BS the banks use - if they are negligent and cause you any damages (whether allowed under the Act or not) you sue them directly - there are no issues of who is too blame. The gov't of Ontario will do nothing for you other than waste your time anyway - if they mess with you sue them!
3. If you live in a Province that thinks your rights have some value (ie. AB or BC) then you can get somewhere with the complaint mechanism.