Good point, it may be purchased. They did have a purchased debt portfolio at one time.

"Question for you tho, If you followed 22.1 then why are the still calling? "

I was wondering the same thing? Hence why I thought they may have purchased the debt - debt buyers are bound by different rules if I recall correctly. But... today it was again confirmed that Iqor is simply acting as an agent on behalf of the bank.

It's really no skin off my back at this stage, and although my employment background is in an area that allows me to "punch holes" through logistical problems, I'm not eager to waste too, too, much time on raising havoc over at their offices. I'll probably wind up sending both IQor and the Bank a PIPEDA request for info though, as that's an easy way to ruffle up some feathers and make a point.

OC,

I doubt they will sue you on that one, Iqor isnt a very litigious collection agency IMO so short of calling them names and making it really personal I doubt you will see them make a move to file a claim.

Question for you tho, If you followed 22.1 then why are the still calling?

Rich,

Not to divert the topic too much here, but I've got a question for you.. From your experience then, what exactly will it take to get a C/A or Bank to initiate legal action after the S.O.L has expired?

I was having some fun with Iqor today as they like to auto-call 4 or 5 times a week and leave msg's on my VMB. I typically ignore them, but seeing how they refuse to take me up on my written requests (two) for legal action, I decided that I'd ring up their office and explain my game plan going forward.

It took three calls today, because this outfit really is at the bottom of the collection agency food chain. ;-) The first rep insisted on trying to wear me down by repeatedly sticking me on hold – so I tossed in the towel after 3 min and simply called back. The second rep, well she was pretty much just as useful. Wouldn't allow me to ask questions, or even get a word in. Ha! Ha! Boy was she entertaining! But I wore her out and she eventually hung up on me... So... I figured what the heck; I’m having fun now, I think I'll give 'em a ring again. This time I managed to get someone without a serious case of A.D.D.. I explained that I had sent in two written requests for legal action, but both have been ignored. So, this Lass indicated that I should have a lawyer submit my request instead; to which, I politely explained there’s no need for that, and, that I have lots of time on my hands (I'm studying for more exams) so for every call their office makes to me now, I'll be ringing them up 3 fold.

Will admit that this will not be the most proactive use of my time, but given that they can't seem to follow the rules set out within Section 22. (1) of the Prohibited Practices and Methods in the Collection of Debts [“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.”] then what the heck, it’s an entertaining break in the day.

So, any suggestions on how to get them into the courtroom?

rmr2009,

I wouldn't loose sleep over this one, IMO your chance of winning the lottery jackpot and getting struck by lightening at the same time is far greater then the CA suing you here.

I worked in collection agencies for a long time and not once did the agencies ever seek a judgment outside of Canada... its a big waste of time and they really do have bigger fish to fry locally. Its threatened all the time to people outside of Canada but I've never ever seen it actually happen.

Those reciprocal laws you are referencing are for really bad people, not for the average guy that just can't pay a bill.

Oh and thanks O.C. ;)

Hey Rich,

Good article. Easy read and straight to the point.

O.C.

Thanks RichardC, that is helpful info.

So it sounds unlikely that they would try to seek a judgment in Canada that would then transfer to the UK. IF they decided to go that route, where would they apply for the judgment? If I've not lived there for over 2 years, and it wasn't Ontario when I was living there, would they seek the judgment in the province I previously lived in?

Are there any stories of collection agencies in Canada working with UK based agencies, where they try to seek compensation? I suppose it all comes down to the court judgment in that case, but I thought I 'd ask it anyway. :)

Thanks.

While they may have the right to enforce, it’s not that likely to happen.

I assume "cca" means collection agency; they rarely sue and from my 15 + yrs of collection agency experience. I have also never ever seen them sue someone living in the UK... ever. It’s a colossal waste of resources to try to do that and then enforce that judgment over there.

If you have no assets and they know that, it would be a very silly move to try and acquire a judgment against you. Its not to say that they wont or cant do it, its just a really bad business decision because you live there.

They will flex, yell, threaten etc. But the bark is much worse then the bite. They are just calls.

If you can arrange to pay, do so, otherwise cross that bridge when your finances allow. Keep in mind though this collection item will not be good for your credit rating.

That pond separating you from Canada is a good thing right now. You can also check out this article I wrote on the truth about collection agency legal action here: http://totaldebtfreedom.ca/articles/article_8.htm

Hi,

I've been contacted by a collection agency in Ontario regarding a debt that I have back in Canada. I have been living in the UK for 2.5 years, and up until 2 months ago, was making regular payments on the debt.

I've been doing some reading on this site, as well as some others, getting up to speed on what knowledge I should have when dealing with the collection agency, if in fact I continue to deal with them at all. Prior to the cca calling me, I had been in contact with my creditor, informing them of my situation and why I'm unable to make payments.

As I am in the UK, and the debt is in Canada, I'm curious to know what sort of jurisdiction the cca has, and can they legally make any more phone calls or try to flex any muscle at all? Also, I've been reading about a reciprocal agreement between the UK and Canada, and while a court order is probably a long way down the road, if at all, my second question is to do with the "Canada and United Kingdom Reciprocal Recognition and Enforcement of Judgments Act". Has anyone here heard that this has been used to collect a Canadian Debt in the UK? I do understand that the cca needs to inform me in writing if they are seeking this, but I'm interested if anyone has any experience with any of this.

Also, is there any OTHER way that my creditor can seek compensation from me here in the UK - ie: would they sell on the debt to a UK based agency?

fyi: I have no assets back in Canada.

Any advice is appreciated. Thanks.

Regards,

rmr