[Edited by O.C.]

When I wrote to Amex and RBC, I shipped the letters off to the BANKS at the time (both by fax and regular post - fax for confirmation of delivery/receipt).

With respect to determining if the account has been assigned or sold, either TD or the C/A can answer that question for you.

There are many reasons for requesting the records on file under PIPEDA. Myself, I was aiming to see exactly who the banks/agencies had been calling, and, I wanted additional confirmation of when the debts went into default. End result, I obtained much more useful information in return then I expected.

This is superb information. Thank you!!! :) So my question is do I direct this letter to TD Visa, or just the collection agency, because from what I am reading and understanding is that I wanna call TD to find out whether the debt was assigned to that/those agencies, or, if the debt had been sold. I understand what I am asking of TD but does this letter make them give me more info and the info from the collector? I will have fun with this this is the stuff I enjoy doing and I told my wife I will make this a painless as possible. I understand it more then she does so I guide her to her questioning for information.

Silenthunter,

Further to my msg earlier:

Here's a template that can be used for obtaining records from companies under the Personal Information Protection and Electronic Documents Act .

[Begin]

Date

In regards to: Account #

Privacy Officer's Name
Company Name
Compliance Dept.
Address
City, Province
Postal Code

Dear 'Privacy Officer',

I am writing you in connection with the above-noted account.

This letter will confirm that, under the Personal Information Protection and Electronic Documents Act (PIPEDA), I wish to obtain a copy of all records containing my personal information.

More specifically, I am requesting copies of the following records:

Any recorded telephone conversations with respect to my account involving employees of TD Visa, and/or the company’s affiliates (i.e. 3rd party agencies);

The contents of your electronic file on my above-noted account, including but not limited to the note lines;

The contents of any hard copy file in connection with the above-noted account;

Outgoing correspondence with respect to my file including any documents sent by regular mail, courier, facsimile (including fax cover sheets) or e-mail;

Incoming correspondence with respect to my file including any documents received by regular mail, courier, facsimile or e-mail;

All contracts that contain my signature;

Any credit reports in your possession.

I understand that under PIPEDA, you have 30 days from the date you receive this letter to provide me with any records containing my personal information, except where you satisfy the conditions for a 30-day extension, in which case you have 60 days from the date of receiving this letter to provide me with copies of the requested personal information.

Regards,

[Signed]

Your Name

cc: Office of the Privacy Commissioner of Canada

[End]

Note: You do not necessarily have to cc the Privacy Commissioner; FTR: I didn't... This just adds that extra element of seriousness to the letter.

Sorry to hear about your misfortune; unfortunately, activity of this nature appears to be quite common within the collection industry. A person just can't trust these sharks on their verbal word, contracts are mandatory.

That said, my suggestion for your next move would be to call up TD and determine whether the debt was assigned to that/those agencies, or, if the debt had been sold. The reason for doing this? Well, if the debt was assigned, then various call logs from the collection agencies would have made it back to TD - as supporting proof that they attempted to collect on the funds. How do I know this, well, I've received records from both Amex and RBC to validate this theory.

Here's how you do it... After you've determined whether the debt had been assigned, or, sold, ask whichever rep you're speaking with at TD for the name and contact information of the bank's privacy officer. Once you have that in hand, draft up a letter which within requests the bank send you a copy of all the personal data they have on file for you; cite the Personal Information Protection and Electronic Documents Act ( 2000, c. 5 ) [PIPEDA] as the grounds for your request.

Perhaps review this site for an overview of the subject, then when I return to my computer at home I'll post a template for you to review and consider using.

http://www.priv.gc.ca/information/02_05_d_08_e.cfm

Once you receive the call logs, electronic notes, info on recorded payments, etc.., you'll be in a better position to evaluate your next move.

Good luck. More to follow within the next 24hrs...

Okay....So my wife had a cc with TD Visa. This was long before we where together. So the deal is they sent here cc profile with a balance of $3,127.00 too a collection agency known as Pomer/Boccia Corp in Que. My wife and a rep made payment arrangements, no biggy...they claimed her balance was $3961.83, Im guessing the amount from the TD report and Pomer's is what interest incurred. So after paying $2,350.00 to them Pomer gave the profile to a company called Partners In Credit (P.I.C.) they are in Richmond Hill, Ontario. SO they contacted my wife and advised her they had her profile for her TD Visa, and they wanted it settled. PIC stated they where aware of my wife's previus dealings with Pomer. So my wife in good faith agreed over the phone, a 6 payment settlement to cover a $1200 balance they showed. No biggy So first we never received any paperwork from them, secondly after making all the agreed payments exactly 2 weeks to the day of the last payment they called and asked her where her payment was. My wife advised them as per the agreement it wwas paid in full. They told her she owed an additional $800.00 because apparently the payments where all late that she made. So I sent them a nice letter to the rep as well as the owner. No response or phone call in a month. Then out of the blue they call again and it was a different rep. Claiming she wanted the $800.00 or they would garnish her wages, or put a lean on our house. On top of that they claimed they mailed us the agreement letter April 1st,2009 after they claimed the agreement void and null, because the previous payments where late. We have records of everything. We are at a stand still because now we don't know where too turn. I suggested maybe calling the Visa company because I would suspect they would have records of the collectors they hire, and the amounts colleted... ANy suggestions?