Small Claims Court
235 Queen Street
Ottawa, Ontario K1A 0H5
BEWARE Both the collection agency and the bill collector are only interested in collecting the debt from you. Collection agency bill collectors count on you now knowing the laws controlling their actions so they will try threats, bullying and intimidation to get money from you. But if you know the law, you can stop them cold. Dunning phone calls can be stopped
Collection agencies exist only to collect bad debts from debtors for the creditors. If you have not paid a debt, you are fair game.
They are hired to do this by creditors companies with outstanding bad debts. They will not rest till they pick your bones clean.
Collection Agencies generally get a percentage of what ever the can collect from you, the debtor. If they collect nothing, they do not get paid.
The bill collector, the person who is actually calling you to collect, is paid usually on commission. No collections, no commissions and soon no job.
They do not give a tinker's curse about your problems or reasons for not paying. When you talk to them they are listening for clues on how to get your money. Nothing else matters to them.
Collection agencies obtain or arrange for payment of money owed to either a person or a company. When you have an account with a business that is “past due” or in default, the business may turn your account over to a collection agency.
You must be notified in writing by the collection agency that an account has been turned over to a collection agency before any phone calls are made to you.
The agency will contact you for as long as it takes and as often as they want, to attempt to collect the money you owe to its client. They won't go away until you pay.
Once your account has been given to a collection agency, you'll be dealing only with that agency when making arrangements for payment. The company you owe the money to is now out of the picture. Your credit rating is severely damaged by this action.
When possible, although you would not be in this position if you could, pay the money you owe. The collection agency will have no right or reason to contact you again once you have paid your debt in full. .
The collection agency and the agent wants your money right now and in full, since that is the only way they get paid.
They will first try to bully you into paying in full now. They will bluster, threaten law suits and garnishees and such.
When they realize that is not going to happen, they will probably listen to some sort of payment arrangements. You are actually in the driver's seat at this point, They want you to pay so they have to work with you.
When it's impossible for you to pay the full amount right away, explain why but avoid giving them details of your bank accounts.
Offer something like a lump sum at a later date or a series of monthly payments. They will try to get the money sooner or get larger payments, but in the end they will probably agree since something is better than nothing.
Pay by money order Keep the copy for your proof of payment. Never ever send cash or a cheque. If you pay by cheque they will know where your bank account is which is not a good thing for you.
YOU CANNOT RUN FROM DEBTS: Your debts will not vanish if you ignore them. If you cannot pay as originally arranged, you simply must deal with the debt, either by new payment arrangements or in the worst case, by bankruptcy
How To Stop Collection Calls - Stop Creditor Harassment
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BEWARE: TALKING TO A COLLECTION AGENCY
CAN EASILY BLOW UP IN YOUR FACE
(this is an excerpt from the act and is not complete.)
20 (1) No collection agency or collector shall
(a) collect or attempt to collect for a creditor money in excess of the amount owing by the debtor to the creditor;
(b) collect or attempt to collect money for a creditor without first satisfying itself that the money is owing by the debtor to the creditor;
(c) make any charge against a person for whom it acts in addition to those contained in the agreement with that person;
(d) send any telegram or make any telephone call, for which the charges are payable by the addressee or the person to whom the call is made, to a debtor for the purpose of demanding payment of a debt;
(e) communicate with a debtor when the latter has notified him in writing to communicate with his legal adviser;
(f) communicate verbally with a debtor unless he has previously sent him a notice in writing;
(g) use any form or form of letter to collect or attempt to collect money from a debtor unless a copy of the form or form of letter is filed with the Registrar;
(h) use, without lawful authority, any summons, notice, or demand or other document expressed in language of the general style or purport of any form used in any court in the Province, or printed or written or in the general appearance or format of any such form;
(i) in any way threaten, abuse or intimidate a debtor either orally or in writing to induce a person to pay a debt;
(j) make telephone calls or personal calls or written communications of such nature or with such frequency as to constitute harassment of the debtor, his spouse or any member of his family;
(k) make telephone calls or personal calls for the purpose of demanding payment of a debt
(i) on a Sunday, or
(ii) on any other day except between the hours of eight oclock in the forenoon and nine oclock in the afternoon;
(l) give, by implication, inference or statement, directly or indirectly, any false or misleading information to any person that may be detrimental to a debtor, his spouse or any member of his family;
(m) give, or threaten to give, by implication, inference or statement, directly or indirectly, to the person who employs a debtor, his spouse or any member of his family information that may adversely affect the employment or employment opportunities of the debtor, his spouse or any member of his family;
(n) make a demand by telephone, by personal call or by writing for payment of an account without indicating the name of the creditor with whom the account was incurred, the balance of the account and the identity and authority of the person making the demand;
(o) except to obtain the debtors address, communicate with the employer, acquaintances, friends, relatives or neighbours of the debtor except in the case of a person who is surety for the debtor; or
(p) commence or continue an action for the recovery of a debt in the name of the collection agency or collector as plaintiff unless such debt has been assigned to the collection agency or collector, as the case may be, in good faith by instrument in writing for valuable consideration and notice of such assignment has been given to the debtor.
(2) Notwithstanding any agreement to the contrary between a debtor and a creditor, any charges made or incurred by a collection agency or made or incurred by a creditor in employing a collection agency to collect the debt shall be deemed not to be a part of the amount owing by the debtor and shall not be recoverable by the creditor or by the collection agency acting on behalf of the creditor. R.S., c. 77, s. 20.
This is not legal advice, it is information
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