Harassment by Debt Collectors - Revision history

Drew Jackson: /* Further restrictions on collectors */

2018-11-16T15:31:36Z

Further restrictions on collectors

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	In addition to these rules specifically for debt collectors, [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec124_smooth section 124] of the Act says that collectors cannot use practices that are prohibited by any other part of the Act or its regulations.		In addition to these rules specifically for debt collectors, [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec124_smooth section 124] of the Act says that collectors cannot use practices that are prohibited by any other part of the Act or its regulations.

	Consumer Protection BC publishes information in the “[https://www.consumerprotectionbc.ca/consumer-help/debt-collection/ Debt ~~Collection”~~ section] of its website further explaining what collectors can’t do. For example, a debt collector:		Consumer Protection BC publishes information in the [https://www.consumerprotectionbc.ca/consumer-help/debt-collection/ "Debt Collection" section] of its website further explaining what collectors can’t do. For example, a debt collector:
	* must not publish or threaten to publish details of the debt except to a credit reporting agency		* must not publish or threaten to publish details of the debt except to a credit reporting agency
	* must not use threatening, profane or intimidating language		* must not use threatening, profane or intimidating language

Drew Jackson: Drew Jackson moved page Harassment of Debtors to Harassment by Debt Collectors: Further refining

2018-10-13T16:13:55Z

Drew Jackson moved page Harassment of Debtors to Harassment by Debt Collectors: Further refining

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Drew Jackson: Drew Jackson moved page Harassment to Harassment of Debtors: Reflect narrow scope of page

2018-10-13T16:09:11Z

Drew Jackson moved page Harassment to Harassment of Debtors: Reflect narrow scope of page

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Drew Jackson at 16:04, 13 October 2018

2018-10-13T16:04:54Z

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	== Client problems==		== Client problems==
	* ~~Client~~ says a creditor is unfairly trying to collect when the client has no money to pay a claim.		*Client says a creditor is unfairly trying to collect when the client has no money to pay a claim.
	* Client says a creditor is persisting in contacting them even though the client disputes the debt.		*Client says a creditor is persisting in contacting them even though the client disputes the debt.

	== Summary of the law ==		== Summary of the law ==

Drew Jackson at 13:20, 12 October 2018

2018-10-12T13:20:49Z

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	{{Consumer and Debt Law Navbox\|type = ~~consumer~~}}		{{Consumer and Debt Law Navbox\|type = debt}}

	{{Creative Commons for PLS		{{Creative Commons for PLS

Drew Jackson at 14:35, 9 October 2018

2018-10-09T14:35:38Z

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	* Client says a creditor is unfairly trying to collect when the client has no money to pay a claim.		* Client says a creditor is unfairly trying to collect when the client has no money to pay a claim.
	* Client says a creditor is persisting in contacting them even though the client disputes the debt.		* Client says a creditor is persisting in contacting them even though the client disputes the debt.

	== Summary of the law ==		== Summary of the law ==
	[[File:Consumer_Law_and_Debt_-_Harassment.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]		[[File:Consumer_Law_and_Debt_-_Harassment.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]

Elena Renderos at 05:03, 21 September 2018

2018-09-21T05:03:38Z

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	== Summary of the law ==		== Summary of the law ==
			[[File:Consumer_Law_and_Debt_-_Harassment.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	When a debtor refuses, or is unwilling, to pay a creditor’s claim, it is very likely that there will be friction between the two parties. Creditors are indignant that the debtor is not paying, while the debtor is indignant that the creditor is unfairly pressing for payment. Communication often breaks down, leading to pressure from the creditor, which the debtor feels is unreasonable.		When a debtor refuses, or is unwilling, to pay a creditor’s claim, it is very likely that there will be friction between the two parties. Creditors are indignant that the debtor is not paying, while the debtor is indignant that the creditor is unfairly pressing for payment. Communication often breaks down, leading to pressure from the creditor, which the debtor feels is unreasonable.

Elena Renderos at 19:30, 19 September 2018

2018-09-19T19:30:39Z

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	== Related topics and materials ==		== Related topics and materials ==
	See the other sections on dealing with debt:		See the other sections on dealing with debt:
	* Collection ~~Agents~~		* [[Collection Agents]]
	* Garnishment and Set-~~offs~~		* [[Garnishment and Set-offs]]
	* Bailiffs and ~~Sheriffs~~		* [[Bailiffs and Sheriffs]]

	See related topics:		See related topics:
	* Contract ~~Defences~~		* [[Contract Defences]]
	* Debtor’s Options for Getting Out of Debt		* [[Debtor’s Options for Getting Out of Debt]]
	* Tort ~~Actions~~		* [[Tort Actions]]

	See also People’s Law School’s page on [https://www.peopleslawschool.ca/everyday-legal-problems/money-debt/dealing-debt/dealing-debt-collectors dealing with debt collectors].		See also People’s Law School’s page on [https://www.peopleslawschool.ca/everyday-legal-problems/money-debt/dealing-debt/dealing-debt-collectors dealing with debt collectors].

Elena Renderos at 00:38, 17 September 2018

2018-09-17T00:38:01Z

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	See also People’s Law School’s page on [https://www.peopleslawschool.ca/everyday-legal-problems/money-debt/dealing-debt/dealing-debt-collectors dealing with debt collectors].		See also People’s Law School’s page on [https://www.peopleslawschool.ca/everyday-legal-problems/money-debt/dealing-debt/dealing-debt-collectors dealing with debt collectors].


	{{Consumer and Debt Law Navbox\|type = consumer}}		{{Consumer and Debt Law Navbox\|type = consumer}}

Elena Renderos at 22:42, 16 September 2018

2018-09-16T22:42:09Z

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	When assisting a debtor with a harassment allegation, gather and confirm all information on the financial circumstances of the client, including income and expenses, assets and debts, and future prospects for changes in income. For the specific creditor involved, confirm basic details such as name and address.		When assisting a debtor with a harassment allegation, gather and confirm all information on the financial circumstances of the client, including income and expenses, assets and debts, and future prospects for changes in income. For the specific creditor involved, confirm basic details such as name and address.

	Obtain sufficient detail to assess the debtor’s liability and the amount the creditor claims is owed. Consider, for example, if the debtor has a defence to the claim if they were sued for the debt (see the sections on Contract Defences ~~and~~ the Debtor’s Options for Getting Out of Debt).		Obtain sufficient detail to assess the debtor’s liability and the amount the creditor claims is owed. Consider, for example, if the debtor has a defence to the claim if they were sued for the debt (see the sections on [[Contract Defences]] and the [[Debtor’s Options for Getting Out of Debt]]).

	It may be useful to have the debtor prepare a written account (with details of the number of times and content) of any contact the creditor has made. You could advise the debtor to keep a record of future unwanted contact as well, though reasonably quick action to solve the problem may ensure an end to such contact.		It may be useful to have the debtor prepare a written account (with details of the number of times and content) of any contact the creditor has made. You could advise the debtor to keep a record of future unwanted contact as well, though reasonably quick action to solve the problem may ensure an end to such contact.