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Good post Gosdall.

Last week after I had bought a cheap burglar alarm--you know the kind that wails to high heavan the moment the magnetic switch is triggered....I was thinking sort of about the next time a collection agency chooses to call.

My debt is fairly new---about 8 months now.

"Hello? Youre from where?.....mwuahahahha...BEEBEEBEEBEE!

Nah....but ya cant blame me for thinkin that....hehe

I have never had such rude comments as you describe but I think my response to that would be to immediately ask him/her for their name and liscence#. If they still persist let them know that you intend to pursue this incedent to their head office, boss, Ombudsman....etc.

If they know these rude tactics arent working on you they will stop pretty quickly.

Another good idea is to get their full name at the beginning of the call. Ask for spelling. If they do give it to you they will be more disposed to acting decent.

I have had calls from people who refuse to give me their last names "because of security purposes" My response then is "In which case I am in no way obligated to speak with you if I dont know who you are."

CIBC Visa credit services used to call me, then ask for my address and date of birth before they would tell me that my account was overdue(duh). "Due to privacy laws" they would tell me. Ya right! Whose privacy are you protecting??!!

Somebody-who-wont-give-me-their-last-name-and-may-or-may-not-have-my-CC-info-is asking for my address and date of birth----i.e. everything they need to use my card. I DONT THINK SO!

Incedentally I emailed CICB customer service about my disatisfaction with this practice and someone responded saying basically: "that's our policy. Sorry if it bothers you"

And then the cool thing about telephones is how easily you can end a call..."click"

Collection agency calls end pretty quickly at my house. I do not accept their offers of contract. Period.

For those of you who may not have seen this, this is the BC Business Practices and Consumer Protection Act:

http://www.qp.gov.bc.ca/statreg/stat/B/04002_00.htm

Specifically, Section 7 deals with Debt Collection:

http://www.qp.gov.bc.ca/statreg/stat/B/04002_07.htm#part7

Some things people aren't aware of include sections that state if you request in writing that the collection agency only contact you in writing, they must comply. Failure to do so is an offense.

Also, a collection agency is only allowed to contact your employer ONCE for the purpose of verifying your employment or home address. They are not allowed to mention the debt, or call again.

If a collection agency calls you more than once per day, that is defined as harassment; Relief is provided for this harassment, up to and including the agency losing their license.

Anyway it's a neat document to look through. You need to deal with the collections agency sooner or later, but better to do it in writing. And always be curteous and explain that you are looking forward to resolving the "alleged debt". If you don't plan on paying the debt off, for example it's 5+ years old and you're just waiting for the statute to expire, never ever admit to the debt in writing. That will reset the 6 year statute.

If you find the collections agency is calling frequently on a very old item, chances are they either just bought it at a deep discount because it's about to surpass the statute, or they've had it for a long time and they've just realized that if they don't get some activity on the file, it will be past the statute shortly.

For those debts that you want to pay off, write a letter to the agency first asking what they are willing to settle at. You would be amazed at 20-50% discount if you can afford and agree to pay the debt all at once. I have helped a friend pay off a $4000 credit card debt for $2200. All he had to do was ask, and he saved $1800.

If all you can afford is a monthly payment, budget out what you can afford and stick to it. If you can only afford to pay $25, tell them that. Do it in writing and save it. If you have documented proof of your willingness to voluntarily pay off the debt, in the form of a courteous letter - it will make it all the more difficult for that collection agency to try and get a judgement against you.

I am not a lawyer, so take this with a grain of salt, but it is my understanding that generally judgements are granted in cases where the creditor can prove that the debtor had the ability to repay and chose not to.

Anyway, kind of rambling on here. I believe that 90% of people who have collection problems are good people who have fallen behind or have had unseen circumstances befall them. I can guarantee that 100% of the readers on this forum fall in that category because deadbeats don't spend time on forums figuring out how to deal with their debt.

To that end, remember: You are not a bad person. Collection Agencies are for-profit companies that buy up your debt at a discount in the hopes of turning a profit. It was their choice to pick up that debt. The under-educated collections "officers" are working on a small base with a sizeable commission; that commission is based on weekly take. The more people they can get to send in a payment by Friday, the more money they get. And so they use as many scare tactics they can, including screaming, yelling, threats, verbal abuse, etc... One case of harassment is enough to launch an investigation with the BCPCA:

http://www.bpcpa.ca/index.php?option=com_content&task=view&id=145&Itemid=75

And because the majority of the public has no idea what their rights are, they jump to and empty their chequing account to appease the collector and stave off the impending legal hurricane....

Do not let a collector make you feel like you are harming them in some way. You are responsible for your debt, but NO ONE has the right to make you feel bad about it.

Ok everyone, be good, stay happy!

Godsall

Well thought I'd share my two cents as to where I am concernig my previous post on creditor harassment.

I have so far exhausted every channel for resolution but giving the MBNA's Customer Service Consumer Advocate and Ombudsman one last go around by having sent registered letters asking that the OBSI be granted permission on my behalf to launch an investigation on these matters.

My telephone line had been taken over by one employee one day for an hour or so. The CRTC did not understand how they did it sice I did everything I could think of to reclaim my line. My only answer to this is someone who knows the internal workings of the thelephone system (Telephone phreaking).
I've had my privacy invaded under PIPEDA and Bill s-21 of Canada's Charte of Rights and Freedoms.

I got this postcard in the mail with nothing but a note asking to call a number which is not in service (I think it's a recording machine which shows your number) This I contacted Canada Post to have investigated.

I have personally been harassed by an employee of MBNA Canada being called derogatory names to which I have a witness.

So here I am close to my last recourse against this multi billion dollar company. My last recourse is civil prosecution on representing myself in a court of law against them (like little me will stand a chance).

My one suggestion which is one of the most important things I think is 1: do everything in writing and 2: If possible the most important ones send registered this way if they ignore you you can still check on Canada Post who signed for it, when they received it; this way you have hard copies.

this collection agency abuse needs to stop right away.
even they they think it's their job, these guys are still pretty rude.

i really enjoy the information on this website. i didn't know a site like this existed until my friend told me about it.

i'm just sick and fed up and tired of getting calls from collectors when i can't pay them anyways. i'm just having a difficult time right now and it's nice to see others here who are going through the same problems

If you think the collection is breaking some privacy issues, contact the Canadian Privacy Commissioners office...Canadian Privacy Commissioners

If a collection agent is telling you information about another person and they're not lawfully allowed to, that is cause for a privacy complaint.

Could someone be as kind and tell me what is the 'law' for the creditors such as Canadian Bonded (407 ETR) to call a person? For the past couple of years they have been calling my house looking for the person who's account is outstanding (please keep in mind it is not ME). This is the scenario: 2001 the person lived at address #1. When he moved to address #2, it took the company 5 months if not more to send the bill to the add. #2. When they finally did, the bill exceeded the amount owed by at least $500CAD, and about two days later 2nd bill came from the same company for the same car/person/plate number with a different amount, which did not include the unpaid balance. At this point we are receiving 2 bills; both a different account # for the same person/car/plate for the same transfers - all times 2. A year or so later we decided to move to a bigger place. Imagine this: 5 months went by (we changed our address two day BEFORE changing apt/s): we get bill #2 with CAD $1,400 owing. Only 2 days later we get bill #1 with over $3,000 owing, and get this: the next day we get bill #3 with all the current charges. Now we are stuck with THREE invoices for the same person/car/place and transfers on 407. WE DID NOT PAY ANY OF IT because they could not explain to us why this was. So the creditor starts calling. 70 times a week - ridiculous. Eventually when my husband picked up they gave him a short version of the company name: he asked them what it stands for and they just could not answer. Husband hungs up. They call back: I picked up and asked what CBsomething stands for: the creditor / collector says it so slowly as if I was two year old. I advised he was being mean and rude and hung up. He calls again and asks for my husband so I told him he was not there. The guy asks: who was the guy he spoke to before - I told him i did not know what he was talking about. At this stage is where the intersting part starts: the collector states: are you cheating on your husband??? give me his cell # because I'll have to call him and tell him that you are ...(fill in the blanks)... behind his back when he is not home and called me a couple of inappropirate names. I called the supervisor the next day advising that i will (at this stage still a single hard working mother) call my lawyer along with my social worker and approach the harrasment from a legal perspective. They deactivated the account for about half a year - and here it starts again. Oh yes, I forgot to mention: the same person calls me the next day at 06:58 on my clock and asked me if i was finished cheating on my husband - AFTER THE ACCOUNT WAS SUSPENDED!!!!!!

Now they called about 5 times today (i have a day off from work; therefore, I was home all day) and eventually when the computer called i pressed the numbers to speak to a live person. As my husband walks in, I advised her that he is home and he will give his permission for me to speak with them. SHE HUNG UP and right before that, she stated I am not at LIBERTY to dictate to them what to do. Well, I AM TRULY SORRY for trying to fix the problem and calling back.

Now, if I may ask one more time: do you know what restrictions there are for the collectors to call your house; how many times they are allowed to call in a week; and how rude they are allowed to be to a person who's account with the company is paid and in good condition?

Hi Monty,

Well as of July 11, 06 they phoned my place of work again, this time I emailed the ombudsman of capital one an email letter of which I kept a copy of. I explained everything in detail about all the calls and the names of the people who called me. I even contacted the credit bureau who told me that I do need to either respond to them verbally or written. I did both! Also, the bureau of newfoundland and labrador told me that its a violation for them to call me at work.
But on July 11, I had enough and emailed the ombudsman who replied the next day and told me that from now on the only correspondence would be by mail. Which I had stated in my email letter to him. I told him I wanted only correspondence through the mail and I could not believe how fast this action took place. You are right! Always write a letter explaining everything. I got fast answers! Also, I got their complaints emails , etc off their website. But, always make sure you have their names, dates, etc when these people callled you. Also, I marked down everything they said to me on the phone. It truly does work! Thanks monty for your advice!

Hey Darlene,

Please do keep us posted.

WE need as much experience posted here as possible for all of our readers!

Thanks, you guys for your advice. These guys have even gone so far as to call my place of work. I had to tell them not to do that because my boss does not like it. Also, I am not always there because I am on call for work. They said they would not do that again. I also called the better business bureau of newfoundland and labrador and they told me that capital one collections violated the rules when they called me at work. The bureau told me I had to tell them this, and I did in case they call my work again so I can lay a complaint against them with the bureau. Also, every time I answer their calls they want me to send more money than I can afford and it upsets me and gets me mad all day. I am so stressed from their harrassment calls I have finally decided not to answer them anymore. I will keep you posted on this. Thanks again for your advice I appreciate it.