What Collection Agencies Can NOT Do
If I feel I'm being treated unfairly by a collection agency, what can I do?
From the Ontario Ministry of Consumer Affairs Web site
The Collection Agencies Act prohibits collection agencies from doing certain things.
The Ontario Ministry of Government Services consulted the collection industry to develop a standard to be followed by all collectors. Having a standard also allows the public to have a better understanding of what collection agencies can and can't do.
The regulations forbid collection agencies from:
- contacting you until six days have passed from sending you written notice of the following:
• the name of the creditor
• the balance owing
• the name of the agency and its authority to demand payment
- continuing to contact you if you did not receive the notice unless a second copy of the written notice is sent to an address provided by you, and then contact may only be made six days after sending notice;
- contacting you if you send a registered letter to the agency saying that you dispute the debt and suggest the matter be taken to court;
- contacting you if you or your lawyer notify the agency by registered mail to communicate only with your lawyer, and you provide the lawyer's name, address and telephone number;
- contacting you on Sunday, except between the hours of 1 p.m. and 5 p.m., and on a holiday;
- contacting you other than by ordinary mail more than three times in a seven-day period without your consent, once the agency has actually spoken with you;
- using threatening, profane, intimidating or coercive language, or using undue, excessive or unreasonable pressure;
- continuing to contact you if you have told them that you are not the person they are looking for unless they take reasonable precautions to ensure you are that person;
- giving false or misleading information to any person;
- recommending to a creditor that a legal action be commenced against you without first sending you notice;
- contacting your employer except on one occasion to obtain your employment information, unless your employer has guaranteed the debt, the call is in respect of a court order or wage assignment or if you have provided written authorization to contact your employer;
- contacting your spouse, a member of your family or household, or a relative, neighbour or acquaintance except to obtain your address and telephone number unless the person contacted has guaranteed the debt or you have given permission for the person to be contacted.
What Creditors Can Do If You Don't Pay Your Debts
Suppose you buy a car, furniture or other items on credit and don't pay your debt. Or you have a bank loan or credit card balance outstanding and you don't make the payments. In such situations, the creditor may take legal action to recover the money that you owe. This page describes the legal action a creditor may take if you don't pay your debts
Before you start complaining, it would be smart to review the law so you do not make a complete fool of yourself
What to do when the vultures are after you.
Your rights if any. This is not legal advice. For legal advice consult the excellent lawyers on CanLaw. Most offer a free half hour consultation.