Collection Agencies - collection agency - Canada

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RE: collection agency

Postby footloose » Thu Sep 23, 2010 11:47:01 PM

I am not familiar with Landlord and Tenant legislation in Alberta, however, here in Ontario we have Landlord and Tenant Tribunals where a tenant can petition a landlord to a tribunal for a variety of reasons. If minman 1 is not sued by her previous landlord ( and I don't believe she will be ) then I would suggest that she investigate Landlord and Tenant legislation in Alberta with the hope of forcing the landlord to a tribunal and to discuss this disputed bill. In the off chance that she is sued, she will have the opportunity to challenge the validity of this bill.
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RE: collection agency

Postby nameuser » Thu Sep 23, 2010 10:16:23 PM

A landlord isn't a creditor though. It is NOT the same as a lending institution because the landlord could send anything they want to a collection agency demanding payment. How is the collection agency to know that the debt is valid? Even if the landlord shows the agency 'proof' that damages were incurred, receipts can be faked pretty easily.

This is an EASY thing to make go away, or at the very least make the landlord prove the debt is valid.
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RE: collection agency

Postby footloose » Thu Sep 23, 2010 02:47:27 PM

I am not infinitely familiar with the rules and practices of collection agencies in Alberta but here in Ontario there is no legal requirement for a creditor to notify a debtor when it assigns a debt to a collection agency or sells a debt to a debt buyer. The collection agency or debt buyer MUST send a letter to the debtor informing them that they have been assigned the debt or have purchased the debt. The collector or debt buyer must state in the letter who the creditor is or was ( if they have purchased the debt ), the account number and the amount claimed including interest ( if any ). They must wait 6 days before they can contact the debtor by phone to discuss the debt. They cannot contact the debtor more than 3 times in a 7 day period. Contact means speaking to the debtor directly. It does not mean leaving a message on a voice mail or calling the debtor to which there is no answer or contact. They can only contact your employer once for the sole purpose of verifying your employment and seeking your position with the employer. Any calls outside of these limits constitutes HARASSMENT and is a basis for making a formal complaint to your Collection Agency Licensing Administrator. See below for more details.

All collection agencies can threaten you with legal action including taking you to court but nothing happens until the official documents from the court show up at your door. This is a most common intimidation tactic used by many collection agencies in the hopes of forcing the debtor to settle the outstanding debt. It continually amazes me how many debtors fall for this tactic and start to panic when they hear the word "lawsuit".

However, if you were to be sued, the lawsuit would have to be initiated in Alberta and more specifically in the municipality in which you reside or did reside because that is where the "so-called" dispute arose.

To obtain information about collection agencies, phone ServiceAlberta at either its Edmonton or Calgary office at the phone numbers listed below. If you wish to make a complaint against a collection agency, you can do so online, by mail or by fax. To make a complaint, visit www.servicealberta.gov.ab.ca/1006.cfm, and in the complaint category select "collection practices". You can mail or fax a complaint to the following offices:

If you reside in the ( 780 ) area code

Service Alberta
North Field Services, Licensing
3rd Floor, Commerce Place
10155 102nd Street
Edmonton, AB T5J 4L4
Tel. ( 780 ) 422-1335
Fax. ( 780 ) 422-9106
e-mail nfs@gov.ab.ca
Attn. Manager, Investigations

If you reside in the ( 403 ) area code

Service Alberta
South Field Services, Licensing
301, 7015 Macleod Trail South
Calgary, AB T2H 2K6
Tel ( 403 ) 297- 5743
Fax ( 403 ) 297-4270
e-mail sfs@gov.ab.ca
Attn Manager, Investigations

Good Luck and have a GREAT DAY
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RE: collection agency

Postby minman1 » Thu Sep 23, 2010 09:10:01 AM

Thanks for your reply. I paid the rent money directly to Capital Regional Housing authority. I just had a resident manager( at least 5 of them) during my last 10 years of my tenancy.

Does Capital Regional Housing not have to contact me re selling the debt to a collection agency? Can the collection agency threaten to take me to court and wish me bad wishes about the hearing? Does the collection agency not have to file the suit here in Alberta if the debt occurred in Alberta?

mintra mankasingh
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RE: collection agency

Postby footloose » Tue Sep 21, 2010 07:57:10 PM

I apologize for any misunderstandings that you may have. At no time did I consider you deceitful but there was a general lack of information in your previous blogs and it appeared that you were seeking assistance while suppressing some basic facts. This is very common on this website and without knowing the background and detailed information about a blogger's problem, it becomes very difficult to provide proper guidance and advice. I now have a much clearer picture of your situation.

First, let me give you some of my personal observations. You indicated that you lived in subsidized housing for 16 years paying rent to a rental agency ( who I assume was collecting these rents on behalf of the landlord ). It has been my experience in dealing with subsidized or rent-geared-to-income housing that the vast majority of the tenants are at the low income scale. This would include welfare recipients, tenants on long-term disability, pensioners who receive very modest pensions and others who are in minimum wage jobs. Their incomes are not sufficient to be able to afford market rent accommodation. I have also observed

( with noted exceptions ) that these tenants tend to be more troublesome to a landlord than tenants living in market rent accommodation. Such examples would include non-payment of rent, late payment of rent, damage to the interior of the rental unit, vacating the unit in the middle of the night, all-night parties affecting other tenant's right to peaceful enjoyment of their unit, police raids and drug dealing in the hallways and stairwells. I have attended many landlord and tenant tribunals where the landlord is seeking to evict a tenant for a variety of reasons and the vast majority of these tenants are living in subsidized or rent-geared-to-income housing.

What am I saying? Landlords of these rental units have become so "hard-nosed" with these excessive problems and costs that they are not prepared to give any tenant or ex-tenant any financial leeway. They do not waste their time discussing or negotiating a bill or charge with a previous tenant. Either you pay the "freight" ( the bill ) or they "send the hounds after you" ( collection agency ). They have a very "itchy finger on the trigger" and they don't hesitate to pull it.

In your case, the chances of this bill being changed or adjusted is next to NIL. Even in your situation while I'm sure that you are very honest and a reputable person ( living in the same location for 10 years tells me that )
these landlords don't play favourites and paint everyone with the same brush. Having said all of that, the real bad news is that this collection account will stay on your credit file for 6 and 7 years with Equifax and TransUnion respectively, regardless if you pay it or not. The good news is the likelihood of you being sued in Small Claims Court is next to NIL.
On the off-chance that the Capital Regional Housing Authority decides to initiate a lawsuit, I believe that you could offer a valid defence. Judges tend to offer a sympathetic ear to tenants who play by the rules.

In regards to your line of credit at the bank, I would suggest that you visit your bank manager again and explain the situation to him/her. Ask the manager that if you paid this outstanding bill in full, would that be sufficient to obtain a line of credit.( assuming your credit score is adequate for the loan ). If the answer is YES, go for it. If the answer is NO, I see no reason to pay this bill. Paying this bill will not change your credit file other than it will say "paid by debtor" and it will certainly not increase your credit score. However, it's your call.

Good Luck and have a GREAT DAY
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RE: collection agency

Postby minman1 » Tue Sep 21, 2010 08:41:33 AM



I was not being deceitful about this situation on this website, and am offended that it was implied that I was doing so. I am not a dishonest person

I was a tenant renting from a subsidized rental agency namely Capital Regional Housing Authority from May 1993 until October 2009. I paid a total of 475 damage deposit.

The last property I rented from them I was there for a period of 10 years from August 2000, until October 2009. (My tenancy with them was a total of 16 years. I was not in violation of the rental agreement. I gave me my one months notice to move.

After I moved out I received a statement that I owed $641 dollars and change. This was after they subtracted the damage deposit of 545.00(interest collected from the years 2000 until 2006.

The statement listed 200 for removal of stuff left behind which is absolutely untrue, and 150.00 for a door, charges for fixing a wall and charges for cleaning.

I wrote to the rental agency disputing the statement and the charges, and said, although I do not agree with the statement, I would be willing to pay for cleaning of two windows that I really could not finish the night of my cleaning.

They wrote me back and said that I owed the money. This was the last I heard of this statement until sometime early in 2010 I started receiving phone calls from a collection agency in BC.

I called back and Lynn from Able Apton Morris and Stagg Inc, informed me that she was calling from a Collection Agency regarding the debt from Capital Regional Housing. I said that I do not owe them any money, but since it has advanced to this stage, I would like to get this cleared up and offered her a 100.00 settlement. She laughed and smirked and said in my dreams. She wanted the full amount.

I informed her that I am aware of when Collection Agency can call me, and she said she would call me anyways, then called me 4 times at work, and I told her not to call me at work anymore, and she said she would.

I again offered her a 50.00 settlement, and said she wanted nothing but the full amount.
Did not hear from her and in June or July of this year when I applied for a line of credit, my bank informed me that I had a collection item on my credit bureau

I hope this clears up the idea of me being deceitful
mintra mankasingh
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RE: collection agency

Postby nameuser » Mon Sep 20, 2010 06:12:09 PM

Check the tenancy act laws in Alberta regarding this.

In BC you cannot list something on someone's credit without first going to arbitration, but the shady landlords list debt with collections anyways hoping to recover money without a complaint. All the 'debtor' has to tell the agency is that they want to go to arbitration and the agency has to stop calling.

It is completely different rules for tenant/landlord disputes than other credit based debt because there are obviously many disagreements in these situations as to who owes what to whom.
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RE: collection agency

Postby footloose » Mon Sep 20, 2010 05:47:35 PM

I am very confused from your reply. You state that you rented from a subsidized rental agency from 1993 until 2009. Then you go on and say that after 10 years as a tenant you moved out. This makes no sense. What gives?

What is the name of the rental agency? When date did you move out? Were you in violation of the rental agreement, e.g. did you give written notice to the rental agency that you were moving and when?

After you moved out, what happened? Did you receive a bill or invoice from the rental agency, what did it say and how were the charges listed and detailed? When did you receive this invoice and what did you do? Did you contact the rental agency about this invoice ( if received ) and then what happened?

Debtors don't suddenly receive a letter or phone call from a collection agency or law firm demanding money. Collection agencies and law firms are given a debt to collect from a creditor who has attempted to collect a debt and has been unsuccessful. You are not being up front on this website with your situation. No one will be able to help you until we know the complete details.
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RE: collection agency

Postby minman1 » Mon Sep 20, 2010 03:13:40 PM

I rented fro a subsidized rental agency from 1993 until 2009. Theyhad 475 as a security deposit. When I moved the res manager could not make a date for me when I could be present for the walk out inspection. And she did it without me. I cleaned the place with a friend of mine until 12 midnite, then she did the inspection the next day. I had informed her I had a BBq in the backyard a new one and a table lamp in the basement. I also left a shelf structure becuse it would do more damage to remove it.
In my ten years of tenancy they did not painting, the toilet leaked for about 3yrs before theyremoved it, the deck was rotten and they claim they had no money to fix it. my son had a sprained ankle from falling through the deck. water leaked in the basement for 8 weeks before they came and fixed it. there was a huge piece of linoleum missing from the kitchen floor,and they claimed they had no money to fix it.

All said and done I moved out, the statement came back saying I owed them 641 dollars and change. At not time did I ever sign any thign about this debt.

I disagree with the debt

It appears on my credit bureau as a collection item on both credit bureau
mintra mankasingh
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RE: collection agency

Postby nameuser » Mon Sep 20, 2010 03:09:07 PM

Ask for the information from the agency (and creditor) through PIPEDA

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

Everything should be there you need to get the information you're looking for and file a complaint if they don't provide it.
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