Collection Agencies - Movie Late Fees and no contractual agreement - Canada

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RE: I have had enough...

Postby cbvsucks » Sun Mar 18, 2007 12:00:00 AM

Today I filed a complain with Alberta Consumer Protection through their website. In addition I spoke to an intake officer with the Office of The Information and Privacy Commissioner of Alberta who directed me to write a complaint to their Calgary office who handles the Personal Information Protection Act complaints.

In writing to Alberta Consumer Protection, I named both video stores for my complain, AND the collection agency as they failed to provide agreements when requested.

For the privacy commissioner, I will be making a complaint against the video stores.

I will keep people posted on the out come and what happens as it progresses.
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RE: I have had enough...

Postby montyloree » Mon Mar 05, 2007 12:00:00 AM

Deb,

Privacy Issues are regulated by Federal Privacy Commission - Canada . Ask about PIPEDA.

The collection agency is regulated by Alberta Consumer Protection
Alberta - Consumer Information

It may be a good idea to put in a quick phone call to the Privacy Commission and Alberta Consumer Protection to get some input before taking time to write letters.
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RE: I have had enough...

Postby cbvsucks » Sun Mar 11, 2007 12:00:00 AM

In other words. Should a complaint be made against the collection agency or the company that sent these late fees to a collection agency when no agreement was made giving them my permission to collect or provide my information to a third party.
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RE: I have had enough...

Postby cbvsucks » Sun Mar 11, 2007 12:00:00 AM

Thanks Monty, I can write letters, but what would my complaint be with Alberta Consumer protection?
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RE: I have had enough...

Postby montyloree » Mon Mar 05, 2007 12:00:00 AM

Hi Deb,
Before you contact a lawyer, please contact consumer protection and ask for their advice.

There may be a little letter writing involved on your behalf. Letter to the collection agency and one to consumer protection.

It's good to write to the collection agency after you write your letter of complaint to consumer protection, just so that the collection agency knows that they have to deal with consumer protection.

The collection agency needs to know that you're getting the authorities involved.
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Movie Late Fees and no contractual agreement

Postby cbvsucks » Sun Mar 18, 2007 12:00:00 AM

Hi Monty,

I wrote on this board about some movie late fees that appeared on my collection, but I cannot find it to post a reply. Two movie places in Grande Prairie, Alberta filed with a collection agency for collection. One is $4, so it's obvious they solicited the accounts. Well, I requested a copy of the contractual agreement from one and never got a reply from the other. The one agreement authorizes that any late fees be charged to my credit card, of which they never asked for one. There is nothing about collections agencies of any other action, etc.,

So I wrote the collection agency and told them that I was in receipt of one of the original agreements and that I DID NOT give them permission to send this to a collection agency and that I expected this be resolved within 30 days as per the law by expunging the illegal info on my credit file and return any personal information of mine they have.

I got a snotty letter from them today with essentially a whole bunch of crap that states they did not not solicit anything and that as a courtesy to me, that it took 4 years after the late fees occured to put this on my credit file.

So, I know my privacy has been violated and that it is too much of a coincidence that this agency is representing two local video stores. (One a $4 late fee). without activly soliciting the accounts.

My next step is to obtain a lawyer, even if its just to file the complaint with the privacy commission on my behalf and whatever else as I have had it with people like this who don't think the laws apply to them.

My question is, what type of lawyer should I look for or does anyone have any suggestions for Calgary, Alberta.
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