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Difference between revisions of "Collection Agents"
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It may be difficult for the debtor to act on their own under these circumstances. Intervention by an advocate or lawyer may be more effective. Consider hand delivering a letter or sending a registered letter to the collection agent outlining the debtor’s circumstances along with a proposal for resolving the claim. Make it clear if the claim is being denied (in whole or in part). It is unlawful for a collection agent to continue to try to collect a debt if the debtor has notified the collection agent and the creditor that the debt is disputed and the debtor wants the creditor to take the matter to court (see [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec116_smooth section 116(4)(c)] of the ''Business Practices and Consumer Protection Act''). You must make it clear that the debtor does not want further direct contact. | It may be difficult for the debtor to act on their own under these circumstances. Intervention by an advocate or lawyer may be more effective. Consider hand delivering a letter or sending a registered letter to the collection agent outlining the debtor’s circumstances along with a proposal for resolving the claim. Make it clear if the claim is being denied (in whole or in part). It is unlawful for a collection agent to continue to try to collect a debt if the debtor has notified the collection agent and the creditor that the debt is disputed and the debtor wants the creditor to take the matter to court (see [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec116_smooth section 116(4)(c)] of the ''Business Practices and Consumer Protection Act''). You must make it clear that the debtor does not want further direct contact. | ||
In the past, the government directed that collection agents must not try to collect from debtors who are currently on welfare. A quick and effective way of stopping agencies from repeatedly contacting such clients can be to contact the collector in writing and inform them of the client’s status (perhaps enclosing a copy of a cheque stub), asserting that the client has the right under the ''Business Practices and | In the past, the government directed that collection agents must not try to collect from debtors who are currently on welfare. A quick and effective way of stopping agencies from repeatedly contacting such clients can be to contact the collector in writing and inform them of the client’s status (perhaps enclosing a copy of a cheque stub), asserting that the client has the right under the ''Business Practices and Consumer Protection Act'', [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec116_smooth section 116], not to be contacted, except in writing, and advising the collector that a complaint will be made to Consumer Protection BC if there are further unnecessary contacts. The advocate should propose that the client will update the collector about their financial circumstances at reasonable intervals (for example, every three months). | ||
Consumer Protection Act'', [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec116_smooth | |||
If a collector continues to phone a debtor after the debtor has requested to be contacted in writing only, the debtor might contact Consumer Protection BC for help, letting the collection agent know that such a complaint has been made. This is usually enough to stop the pressure. It may also be in the public interest to make such a complaint, as Consumer Protection BC may take steps to revoke the licence of a collection agent if there are a number of complaints. | If a collector continues to phone a debtor after the debtor has requested to be contacted in writing only, the debtor might contact Consumer Protection BC for help, letting the collection agent know that such a complaint has been made. This is usually enough to stop the pressure. It may also be in the public interest to make such a complaint, as Consumer Protection BC may take steps to revoke the licence of a collection agent if there are a number of complaints. | ||
