Showing posts with label collection agencies. Show all posts
Showing posts with label collection agencies. Show all posts

Monday, 4 February 2013

Dealing with Collection Agencies: Harassment and The Collection Agencies Act



In Canada, if you have a debt that goes into default, your creditor can assign your debt to a collection agency to be collected. The collection agency will then attempt to collect the debt from you. They will do this by calling you, sending you letters, and some creditors will even grant collection agencies the authority to sue you. 

Dealing with collection agencies is no fun! When a collection agency is after you they can be ruthless and even harass you. Some people find themselves feeling powerless when dealing with collection agencies. 
Dealing with collection agencies used to be even worse than it is now, but as a result of public outcry, the government decided to begin regulating them. Collection agencies are regulated provincially and all provinces have legislation that regulates the activities and conduct of collection agencies and their collections. In Ontario, for example, this legislation is referred to as the Collection Agencies Act and is administered by the Ministry of Consumer Services.
Although all provinces regulate collection agencies, with regulations varying from province to province, here are some things that, across the board, collection agencies can’t do. 

·         Ask you for payment without first having notified you in writing that they have been retained by your creditor to collect the debt.

·         Make phone calls to you with a frequency that would be considered harassment.

·         Make phone calls to you outside of the days and hours the legislation in your province mandates.

·         Ask you to pay a debt without having provided you with the name of the creditor and the total amount owed.

·         Provide personal information to third parties, such as other people in the household, or leave it on your voicemail.

·         Contact your employer (unless there is a court order), neighbours or friends to obtain an address or telephone number for you.
Sometimes life throws us a curve ball and no one wants to end up with a debt in collections. Having a debt in collections is an indication of an underlying financial problem. While you may be able to count on things like the Collection Agencies Act to control the behaviour of your creditor’s collection agencies, you won’t be able to stop dealing with collection agencies until you have a plan to deal with your debt.

So many people get stressed out when dealing with collection agencies that, instead of facing the debt head on, they alter their lifestyle. They stop opening mail or answering the phone. Don’t do this!

There are financial solutions to deal with debt that is in collections and companies that specialize in these types of problems. Some financial solutions can even reduce the size of your debt or freeze the interest on your debt, and all financial solutions will stop collection action!

Just imagine your life without the phone ringing off the hook every moment. Imagine being able to rebuild your credit. Imagine having control over your debt. All is possible – it’s up to you to take the first step.

For more information about dealing with collection agencies or if you need help with a financial problem please contact DebtCare Canada at 1-888-890-0888 or visit www.debtcare.ca.

Monday, 4 July 2011

Collection Agencies in Toronto Can be Stopped Using the Collection Agencies Act

Collection agencies represent companies who have a debt to collect. In most cases collection agencies represent creditors collecting on loans and other credit debt. That being said, many other companies will also employ the services of collection agencies. Utilities, payday loan providers, telecommunication companies, gyms and dentists are all examples of private companies that use collection agencies to collect debt on their behalf.

In heavily populated centres, such as Toronto, there are many collection agencies to be found. Nordon, Collect Corp., Total Debt Recovery, Financial Debt Recovery, and CBV Collections are just a few of the collection agencies that operate in Toronto. There are more than 20 collection agencies located in the GTA.

Collection agencies will employ any number of tactics to collect money from you. These could include frequent phone calls, at home or at work, writing to you at work, placing a “collection item” on your credit report or, with authorization, they may even file a claim against you in Small Claims Court on behalf of their client.

As scary as it seems, believe it or not, if you are having problems with a collection agency in Ontario there is legislation and there are government protections in place that mandate what a collection agency can and cannot do.

Here are a few tips:

You can go to the E-Laws website and search for “The Collection Agencies Act”. There you will find the legislation that regulates Collection Agency conduct and you can learn more about your rights.

You can visit the Ministry of Consumer Services website. The Ministry of Consumer Services (MCS) regulates collection agencies in Ontario and arbitrates complaints from the public. On the MCS website you can learn more about your rights and can even initiate a complaint online.

You can request your credit report online on the Equifax Website. If a collection agency has registered a collection item on your credit report, it will remain on your credit report for 3 years from the date it has been settled or paid in full. If the collection item resulted from a defaulted loan or credit card, the trade line registered by the creditor will remain in a defaulted status for 6 years from the date it is paid or settled in full.

There are a number of programs that are available through the Canadian Government specifically designed to stop collection agencies in their tracks. These programs depend on the individual’s personal and financial circumstances.

If the stress of dealing with collection agencies has become too much, you can use a financial consultant to get in between you and the collection agencies, providing you with financial relief. This is by far the most painless route. A financial consultant that specializes in negotiating with collection agencies will know exactly what to do. For more information about how to deal with collection agencies please visit http://www.debtcare.ca/