Collection Agencies - aro giving me a hard time - Canada

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RE: Knowing the limits of collectors and agencies (B.C.)...

Postby kcharles66 » Mon Feb 01, 2010 12:01:57 PM

STOP acknowledging the Debt in the first pace.
Tell them you are disputing it and that you need information as the the validity of the debt.
You should also check out the staute of limitations on this "alleged" debt.
FYI, everytime you acknowledge the debt it resets the the statue up to 10 years. If you had kept quiet and simply asked them to prove it then this debt could have been erased.(staute of limitations in Alberta is 2 years)
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RE: Knowing the limits of collectors and agencies (B.C.)...

Postby average_joe » Thu Aug 06, 2009 06:49:48 AM

I wouldn't worry about this debt if I were you. The statute of limitation has passed and you are considered stats barred and can not be sued.
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RE: Knowing the limits of collectors and agencies (B.C.)...

Postby snugglewheels » Thu Aug 06, 2009 01:10:44 AM

ARO they are heartless people, then have been bugging me for ten years off and on. I had a zellers card 10 years ago and my xboyfriend used it. They keep bugging me to pay it. Well, I would if I had the money. They can't seem to understand the fact I am on a low-income due to I HAVE CEREBRAL PALSY. I have moved twice in those 10 years, my xboyfriend has died, I've lost my kid, Give me a break people.
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RE: Knowing the limits of collectors and agencies (B.C.)...

Postby Ottawa_Chap » Sun Jun 14, 2009 11:45:10 AM

In easier to understand terms: Without all the "Legalease" (B.C.)

http://www.cba.org/bc/public_media/credit/252.aspx
Infuriating one C/A at a time..
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RE: Knowing the limits of collectors and agencies (B.C.)...

Postby Ottawa_Chap » Sun Jun 14, 2009 03:06:12 PM

British Columbia's Business Practices and Consumer Protection Act:

Current to June 3rd, 2009

http://www.bclaws.ca/Recon/document/freeside/--%20B%20--/Business%20Practices%20and%20Consumer%20Protection%20Act%20%20SBC%202004%20%20c.%202/00_Act/04002_08.xml

Business Practices and Consumer Protection Act
[SBC 2004] CHAPTER 2
Part 7 — Debt Collection

Division 1 — Prohibited Debt Collection Practices

Definition
113 In this division, "collector" means a person, whether in British Columbia or not, who is collecting or attempting to collect a debt.

Harassment
114 (1) A collector must not communicate or attempt to communicate with a debtor, a member of the debtor's family or household, a relative, neighbour, friend or acquaintance of the debtor, or the debtor's employer in a manner or with a frequency as to constitute harassment.

(2) Without limiting subsection (1), one or more of the following constitutes harassment:

(a) using threatening, profane, intimidating or coercive language;

(b) exerting undue, excessive or unreasonable pressure;

(c) publishing or threatening to publish a debtor's failure to pay.

Disclosure to debtor
115 (1) A collector must not attempt to collect payment of a debt from a debtor until the collector has notified the debtor in writing or the collector has made a reasonable attempt to notify the debtor in writing of

(a) the name of the creditor with whom the debt was incurred,

(b) the amount of the debt, and

(c) the identity and authority of the collector to collect the debt from the debtor.

(2) A collector must not initiate verbal communication with a debtor with respect to the collection of a debt until 5 days after the collector has sent to the debtor the written notice referred to in subsection (1).

(3) If a debtor informs the collector that the debtor has not received the notice required under subsection (1), the collector must send that information to the debtor at the address provided by the debtor.

Communication with debtor
116 (1) A collector must not communicate or attempt to communicate with a debtor at the debtor's place of employment unless

(a) the collector does not have the home address or telephone number for the debtor and the collector contacts the debtor solely for the purpose of requesting the debtor's home address or telephone number or both,

(b) the collector has attempted to contact the debtor at the debtor's home address or telephone number, but the collector has not contacted the debtor in any of those attempts, or

(c) the collector has been authorized by the debtor to communicate with the debtor at the debtor's place of employment.

(2) The collector must not make more than one verbal attempt, under subsection (1) (b), to contact the debtor at the debtor's place of employment.

(3) At the time a collector communicates with a debtor, the collector must first indicate to the debtor

(a) the name of the creditor with whom the debt was incurred,

(b) the amount of the debt, and

(c) the identity and authority of the collector to collect the debt from the debtor.

(4) A collector must not continue to communicate with a debtor

(a) except in writing, if the debtor

(i) has notified the collector to communicate in writing only, and

(ii) has provided a mailing address at which the debtor may be contacted,

(b) except through the debtor's lawyer, if the debtor

(i) has notified the collector to communicate only with the debtor's lawyer, and

(ii) has provided an address for the lawyer, or

(c) if the debtor has notified the collector and the creditor that the debt is in dispute and that the debtor would like the creditor to take the matter to court.

Communication with persons other than debtor
117 (1) Except for the purpose of obtaining the debtor's home address or telephone number, a collector must not communicate or attempt to communicate with a member of the debtor's family or household, or a relative, neighbour, friend or acquaintance of the debtor unless

(a) the person contacted has guaranteed to pay the debt and is being contacted in respect of that guarantee, or

(b) the debtor has authorized the collector to discuss the debt with the person contacted.

(2) A collector must not communicate with a debtor's employer except

(a) for the purpose of confirming the debtor's employment, business title and business address, or

(b) for other purposes authorized in writing by the debtor.

Time of communication
118 (1) In this section, "statutory holiday" means a holiday, except Sunday, unless the holiday falls on a Sunday.

(2) Except on the request of the person contacted, a collector must not communicate, either by telephone or in person, with the debtor, a member of the debtor's family or household, or a relative, neighbour, friend or acquaintance of the debtor, or the debtor's employer or guarantor

(a) on a statutory holiday,

(b) subject to paragraph (a), on a Sunday, except between the hours of 1 p.m. and 5 p.m. local time for the person contacted, or

(c) on any other day, except between the hours of 7 a.m. and 9 p.m. local time for the person contacted.

Cost of communication
119 A collector must not communicate or attempt to communicate with a person for the purpose of collecting, negotiating or demanding payment of a debt by a means that results in the costs of the communication being payable by the person.

Collection from person not liable for debt or in excess of amount of debt
120 A collector must not

(a) collect or attempt to collect money that exceeds the amount of the debt owing,

(b) collect or attempt to collect money from a person who is not liable for the debt, or

(c) if a person has informed the collector that the person is not the debtor, continue to communicate with that person unless the collector first makes all reasonable efforts to ensure that the person is in fact the debtor.

Legal proceedings
121 (1) If a debt has been assigned to a collector, the collector must not

(a) bring or continue a legal proceeding for the recovery of a debt as plaintiff unless the debtor has been given notice of the assignment, or

(b) bring a legal proceeding unless the collector first gives notice to the debtor that the collector intends to bring the proceeding.

(2) A collector must not recommend to a creditor that a legal proceeding be brought, unless the collector first gives notice to the debtor that the collector intends to recommend that a proceeding be brought.

(3) Nothing in subsection (2) affects solicitor-client privilege.

(4) A collector must not directly or indirectly threaten, or state an intention, to bring or continue a legal proceeding for the recovery of a debt

(a) for which the collector does not have the written authority of the creditor, or

(b) for which there is no lawful authority.

Removal, seizure, repossession and distress
122 A collector must not do any of the following, whether on the collector's own behalf or on behalf of another person, directly or indirectly:

(a) unless there is a court order to the contrary, remove from inside the debtor's private dwelling any personal property claimed under seizure, distress or repossession, in the absence of the debtor, the debtor's spouse, the debtor's agent or an adult resident in the debtor's dwelling;

(b) seize, repossess or levy distress against personal property that is not specifically charged or mortgaged, or to which legal claim may not be made under a statute, court judgment or court order;

(c) remove, seize, repossess or levy distress against personal property during a day or during the hours of a day when removal, seizure, repossession or distress is prohibited by the regulations.

False or misleading information and misrepresentations
123 In collecting or attempting to collect payment of a debt, a collector must not

(a) supply any false or misleading information,

(b) misrepresent the purpose of a communication,

(c) misrepresent the identity of the collector or, if different, the creditor, or

(d) use, without lawful authority, a summons, notice, demand, or other document that suggests or implies a connection with any court inside or outside of Canada.

Additional prohibited practices
124 A collector must not commit or engage in a prescribed act or practice.

Division 2 — Collection Agents and Debt Poolers

Definitions
125 In this Division:

"bailiff" means a person, whether in British Columbia or not, who in the course of business acts, or assists a person to act, on behalf of another person in repossessing, distraining or seizing any personal property or in evicting a person from property;

"collection agent" means a person, whether in British Columbia or not, who

(a) in the course of business collects or attempts to collect payment of a debt for another person, or

(b) in the course of business takes an assignment of a debt due to another person for the purpose of collecting or attempting to collect payment of the debt,

and includes a bailiff;

"debt pooler" means a person, whether in British Columbia or not, who in the course of business arranges or operates a debt pooling system;

"debt pooling system" means an arrangement or procedure under which a debtor pays to a debt pooler money to be distributed or paid, according to a system, by that debt pooler to 3 or more creditors of the debtor.

Accounting for and payment of money collected
126 (1) In this section, "administrator" has the same meaning as in the Unclaimed Property Act.

(2) A collection agent or debt pooler must do the following without notice or demand:

(a) account for and pay the money collected, less the collection agent or debt pooler's proper charges, to the creditor on whose behalf the money was collected

(i) within 30 days after the end of a month during which the collection agent or debt pooler collected $100 or more for a creditor, or

(ii) within 60 days after the end of a month during which the collection agent or debt pooler collected less than $100 for a creditor;

(b) if the collection agent or debt pooler cannot locate the creditor within the applicable period of time under paragraph (a), pay the money, without deduction, within 60 days to the debtor from whom it was collected;

(c) if the collection agent or debt pooler has collected from a debtor more money than the amount owing to the debtor's creditors, pay any surplus money, without deduction, within 60 days to the debtor;

(d) if the collection agent or debt pooler cannot locate the debtor to whom money is due under paragraph (b) or (c), pay the money to the administrator within 7 days after the end of the applicable period of time under those paragraphs.

(3) If the director, or a creditor or debtor who is entitled to money collected, makes demand, the collection agent or debt pooler must immediately account for the money collected and pay it to the person who is entitled under this section.

(4) Money paid to the administrator under subsection (2) (d) is deemed to be an unclaimed money deposit under the Unclaimed Property Act.

Debt pooling
127 (1) If, under a debt pooling system, a debtor pays money to a debt pooler for distribution to the debtor's creditors, that debt pooler

(a) must not act for or represent any of the creditors, and

(b) is deemed to act for and represent the debtor.

(2) A contract between a debt pooler and a debtor must be in writing and signed by the debtor.

(3) A debt pooler must not charge fees or disbursements in excess of the prescribed amount.

Collection agent and bailiff fees and disbursements
128 (1) A collection agent must not charge the collection agent's fees and disbursements to a debtor except as authorized by an enactment.

(2) For the purposes of subsection (3), a bailiff's reasonable fees and disbursements are deemed to be part of the amount owing by the debtor.

(3) A bailiff may collect the amount of the debt from the debtor instead of repossessing, distraining or seizing any personal property.

(4) Despite an agreement to the contrary between a debtor and a creditor,

(a) any charges, except fees and disbursements deemed under subsection (2) and charges authorized under section 75 (b) [default charges], made or incurred by a collection agent or made or incurred by a creditor in employing a collection agent to collect a debt, are not part of the amount owing by the debtor, and

(b) a collection agent must not collect from the debtor any charges that are not part of the amount owing by the debtor.

Infuriating one C/A at a time..
Ottawa_Chap
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RE: Knowing the limits of collectors and agencies (Ont)...

Postby Ottawa_Chap » Sun Jun 14, 2009 11:32:34 AM

After reading the last few comments, perhaps some out there could benefit from a refresher on the Prohibited Practices and Methods in the Collection of Debts..... (This is the Ontario version...)

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900074_e.htm#BK6

Prohibited Practices and Methods in the Collection of Debts:

20. In sections 21 to 25,

“contact” includes communication by e-mail or voice mail;

“debtor’s employer” includes any and all of the employer’s employees;

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage. O. Reg. 103/06, s. 2.

21. (1) No collection agency or collector shall demand payment, or otherwise attempt to collect payment, of a debt from a debtor unless the collection agency or collector has sent the debtor, by ordinary mail, a private written notice setting out the following information:

1. The name of the creditor to whom the debt is owed.

2. The balance owing on the debt.

3. The identity of the collection agency or collector who is demanding payment of the debt.

4. The authority of the collection agency or collector to demand payment of the debt. O. Reg. 103/06, s. 2.

(2) No collection agency or collector shall make a telephone call to or a personal call on the debtor before the sixth day after mailing the written notice required by subsection (1). O. Reg. 103/06, s. 2.

(3) Subsection (1) does not require that the written notice be sent before a written demand for payment but is satisfied if the written demand for payment is contained in the written notice. O. Reg. 103/06, s. 2.

(4) If a debtor states to a collection agency or collector that the debtor has not received the notice required by subsection (1), the collection agency or collector shall send the notice to the debtor at the address provided by the debtor, and no demand for payment, or other attempt to collect payment, of the debt shall be made before the sixth day after the day the notice is sent. O. Reg. 103/06, s. 2.

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. O. Reg. 103/06, s. 2.

(2) If a debtor or his or her lawyer sends a collection agency or collector, by registered mail, a letter requesting that the collection agency or collector communicate only with the debtor’s lawyer and setting out the lawyer’s address and telephone number, the collection agency or collector shall not thereafter contact or attempt to contact the debtor other than through the debtor’s lawyer, unless the debtor consents to or requests the contact. O. Reg. 103/06, s. 2.

(3) No collection agency or collector shall contact or attempt to contact the debtor’s spouse, a member of the debtor’s family or household, or a relative, neighbour, friend or acquaintance of the debtor unless,

(a) the person being contacted has guaranteed to pay the debt and the contact is in respect of that guarantee;

(b) the debtor has requested the collection agency or collector to discuss the debt with the person being contacted; or

(c) the collection agency or collector does not have the debtor’s home address or home telephone number and the contact is for the sole purpose of obtaining the debtor’s home address or home telephone number. O. Reg. 103/06, s. 2.

(4) No collection agency or collector shall contact or attempt to contact the debtor’s employer unless,

(a) the employer has guaranteed to pay the debt and the contact is in respect of that guarantee;

(b) the debtor has given the collection agency or collector written authorization to contact the debtor’s employer;

(c) the contact occurs only once and is for the sole purpose of confirming one or more of the debtor’s employment, the debtor’s business title and the debtor’s business address; or

(d) the contact is in respect of payments pursuant to,

(i) a wage assignment given to a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994, or to a caisse populaire within the meaning of that Act, or

(ii) an order or judgment made by a court in favour of the collection agency or collector or of a creditor who is a client of the collection agency or collector. O. Reg. 103/06, s. 2.

(5) No collection agency or collector shall,

(a) collect or attempt to collect a debt from a person who the collection agency or collector knows or reasonably ought to know is not liable for the debt; or

(b) contact or attempt to contact a person for the purpose of collecting a debt if the person has informed the collection agency or collector that the person is not who the collection agency or collector intends to contact, unless the collection agency or collector first takes all reasonable precautions to ensure that the person is, in fact, who the collection agency or collector intends to contact. O. Reg. 103/06, s. 2.

(6) No collection agency or collector shall engage in conduct described in any of the following paragraphs with respect to the debtor, the debtor’s spouse, a member of the debtor’s family or household, a relative, neighbour, friend or acquaintance of the debtor, the debtor’s employer, a person who guaranteed the debt or a person mistakenly believed to be the debtor:

1. Make a telephone call or personal call at any of the following times, except at the request of the person being contacted:

i. On a Sunday, other than between the hours of 1 p.m. and 5 p.m. local time of the place where the contact is being made.

ii. On any day of the week other than a Sunday, between the hours of 9 p.m. and 7 a.m. local time of the place where the contact is being made.

iii. Despite subparagraphs i and ii, on any holiday listed in subsection (7).

2. Contact the person more than three times in a seven-day period on behalf of the same creditor, subject to subsections (8) and (9).

3. Publish or threaten to publish the debtor’s failure to pay.

4. Use threatening, profane, intimidating or coercive language.

5. Use undue, excessive or unreasonable pressure.

6. Otherwise communicate in such a manner or with such frequency as to constitute harassment. O. Reg. 103/06, s. 2.

(7) For the purposes of subparagraph 1 iii of subsection (6), the following days are holidays:

1. New Year’s Day.

1.1 Family Day, being the third Monday in February.

2. Good Friday.

3. Revoked: O. Reg. 24/08, s. 5.

4. Victoria Day.

5. Canada Day.

6. Civic Holiday.

7. Labour Day.

8. Thanksgiving Day.

9. Revoked: O. Reg. 24/08, s. 5.

10. Christmas Day.

11. December 26.

12. Any day fixed as a holiday by proclamation of the Governor General or Lieutenant Governor. O. Reg. 103/06, s. 2; O. Reg. 588/07, s. 1; O. Reg. 24/08, s. 5.

(8) For the purposes of paragraph 2 of subsection (6), the following types of contact shall not be counted:

1. Contact made by ordinary mail.

2. Contact consented to or requested by the person being contacted.

3. Contact of a person other than the debtor where the purpose of the contact is to locate the debtor. O. Reg. 103/06, s. 2.

(9) The prohibition set out in paragraph 2 of subsection (6) does not apply to a collection agency or collector until such time that the collection agency or collector speaks with the person being contacted either in a telephone call or a personal call, but the prohibition applies thereafter. O. Reg. 103/06, s. 2.

23. (1) No collection agency or collector shall directly or indirectly threaten, or state an intention, to commence a legal proceeding for the collection of a debt, unless the collection agency or collector has the written authority of the creditor to commence the proceeding, and the proceeding is not otherwise prohibited by law. O. Reg. 103/06, s. 2.

(2) No collection agency or collector shall recommend to a creditor that a legal proceeding be commenced for collection of a debt, unless the collection agency or collector first gives notice to the debtor of its intention to make the recommendation. O. Reg. 103/06, s. 2.

(3) No collection agency or collector shall commence a legal proceeding for the collection of a debt,

(a) in the name of the creditor, unless the collection agency or collector has the written authority of the creditor to do so; or

(b) as a plaintiff, unless the following conditions have been satisfied:

(i) The creditor has assigned the debt to the collection agency or collector by written instrument and for valuable consideration, and the creditor has no further interest in the debt.

(ii) If a legal proceeding was commenced by the creditor prior to assigning the debt, the collection agency or collector has given written notice to the debtor of the assignment.

(iii) If a legal proceeding was not commenced by the creditor prior to assigning the debt, the collection agency or collector has given written notice to the debtor of the assignment and, either separately or together with the written notice of assignment, has given notice to the debtor of its intention to commence a legal proceeding. O. Reg. 103/06, s. 2.

24. No collection agency or collector shall,

(a) give any person, directly or indirectly, by implication or otherwise, any false or misleading information;

(b) misrepresent to any person contacted in respect of the debt the purpose of the contact or the identity of the creditor or of the collection agency or collector; or

(c) use, without lawful authority, any summons, notice, demand or other document that states, suggests or implies that it is authorized or approved by a court in Canada or another jurisdiction. O. Reg. 103/06, s. 2.

25. (1) Charges incurred by a collection agency or collector in collecting a debt and charges incurred by a creditor to retain a collection agency or collector do not form part of the debt owed by the debtor, and no collection agency or collector shall collect or attempt to collect any such charges, subject to subsection (2). O. Reg. 103/06, s. 2.

(2) A collection agency or collector may collect, as part of the debt owed by a debtor, all reasonable charges incurred by the collection agency or collector in respect of the debtor’s dishonoured cheques if,

(a) the agreement between the creditor and the debtor provides that the debtor is liable for such charges if incurred by the creditor and sets out the amount of the charge;

(b) the creditor has provided information to the debtor, by any method, that the debtor is liable for such charges if incurred by the creditor and the debtor knows or reasonably ought to know of his or her liability for such charges and the amount of the charge; or

(c) the collection of such charges is expressly permitted by law. O. Reg. 103/06, s. 2.

Infuriating one C/A at a time..
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RE: aro giving me a hard time

Postby owing collector » Thu Jun 11, 2009 09:44:29 PM

Take the high road send a registered cease and decist letter stating no calls to your poe. Then when they call there sue them for the value of the debt plus punitives the value of the debt. They will call collectors dont worry about the law they think everyone stupid. Even i forget my rights sometimes lol
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RE: aro giving me a hard time

Postby chistinap » Thu Jun 11, 2009 02:44:12 PM

yes i have read that and thank you for sharing, they have my home number and my pay go cell number...and they had my firm answer "no" to calling me at work. also the morning manager told them not to call...the lady got cheeky with the morning manager as well.
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RE: aro giving me a hard time

Postby average_joe » Thu Jun 11, 2009 02:42:00 PM

If you read the BC collections act; you will find they can only call you once at work I believe just to find out where you live and to find out your home telephone number. If they have your home telephone number they should not be harassing you at work.
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RE: aro giving me a hard time

Postby chistinap » Thu Jun 11, 2009 02:37:09 PM

they called my work june 9th 10:38 am
june 10th 10:14 am
june 11th 9:30am
and several times before that just at work not counting the calls at home
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