9,075
edits
Difference between revisions of "A Debt Collector Is Harassing Me"
From Clicklaw Wikibooks
A Debt Collector Is Harassing Me (view source)
Revision as of 20:08, 13 April 2013
, 20:08, 13 April 2013no edit summary
Drew Jackson (talk | contribs) m (40 revisions: Pages for site cutover, part 1) |
Drew Jackson (talk | contribs) |
||
| Line 4: | Line 4: | ||
* publishing or threatening to publish your name and failure to pay. | * publishing or threatening to publish your name and failure to pay. | ||
The debt collector must make reasonable efforts to first contact you in writing about the debt. There are strict rules about calling you at work, and there are rules about when you can be called at home. | The debt collector must make reasonable efforts to first <span class="noglossary">contact</span> you in writing about the debt. There are strict rules about calling you at work, and there are rules about when you can be called at home. | ||
You can insist that the debt collector deal with you only in writing or through your lawyer, if you have one. | You can insist that the debt collector deal with you only in writing or through your lawyer, if you have one. | ||
| Line 16: | Line 16: | ||
== First steps == | == First steps == | ||
# It is important to put an immediate stop to the calls, and take control of negotiating a solution. If you are not able to do this by yourself, seek immediate legal help or contact [[Consumer Protection BC]]. In the meantime, record the dates, times and content of all communications they have with you and others about the debt. Insist on getting something in writing, and use caller identification or tracing if the collector refuses to properly identify themselves. | # It is important to put an immediate stop to the calls, and take control of negotiating a solution. If you are not able to do this by yourself, seek immediate legal help or <span class="noglossary">contact</span> [[Consumer Protection BC]]. In the meantime, record the dates, times and content of all communications they have with you and others about the debt. Insist on getting something in writing, and use caller identification or tracing if the collector refuses to properly identify themselves. | ||
# Try to negotiate payments with the debt collector. He or she will want to know your financial circumstances (income, expenses, assets and liabilities). You should not agree to a payment that deprives you or your family of basic needs or give out personal information other than financial information. | # Try to negotiate payments with the debt collector. He or she <span class="noglossary">will</span> want to know your financial circumstances (income, expenses, assets and liabilities). You should not agree to a payment that deprives you or your family of basic needs or give out personal information other than financial information. | ||
# If you are unable to negotiate a repayment plan with the debt collector, see the section of this Guide entitled, "[[I don't have enough money to pay my debts]]". | # If you are unable to negotiate a repayment plan with the debt collector, see the section of this Guide entitled, "[[I don't have enough money to pay my debts]]". | ||
# If a debt collector is using unreasonable debt collection methods, including insisting on a payment when they know you are living in poverty, contact [[Consumer Protection BC]] at 1-888-564-9963 and ask to speak with the Complaints Manager about the collection agency you are dealing with. | # If a debt collector is using unreasonable debt collection methods, including insisting on a payment when they know you are living in poverty, <span class="noglossary">contact</span> [[Consumer Protection BC]] at 1-888-564-9963 and ask to speak with the Complaints Manager about the collection agency you are dealing with. | ||
== What happens next == | == What happens next == | ||
If you contact Consumer Protection BC, the Complaints Manager will contact the collector if he or she feels the practice is unreasonable and ask the collector to stop the practice. Consumer Protection BC can also require the collector to follow a '''compliance order''' to stop future unreasonable practices. | If you <span class="noglossary">contact</span> Consumer Protection BC, the Complaints Manager <span class="noglossary">will</span> <span class="noglossary">contact</span> the collector if he or she feels the practice is unreasonable and ask the collector to stop the practice. Consumer Protection BC can also require the collector to follow a '''compliance order''' to stop future unreasonable practices. | ||
If you suffer loss or damages because of the unreasonable practices of a collector, you can sue them in | If you suffer loss or damages because of the unreasonable practices of a collector, you can sue them in | ||
| Line 28: | Line 28: | ||
== Where to get help == | == Where to get help == | ||
See the [[Resource List]] included in this Guide for a list of helpful resources. Your best bets are: | See the [[Resource List for Legal Help for British Columbians|Resource List]] included in this Guide for a list of helpful resources. Your best bets are: | ||
* [[Consumer Protection BC]]. | * [[Consumer Protection BC]]. | ||
* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers]]. | * [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. | ||
* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1013 I am being harassed by debt collectors. Are they allowed to do that?]" | * The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1013 I am being harassed by debt collectors. Are they allowed to do that?]" | ||
| Line 37: | Line 37: | ||
{{Tipsbox | {{Tipsbox | ||
| width = 70% | | width = 70% | ||
| tips = Debt collectors sometimes threaten to take your house, car or other property. They can only do so with a court order or if the property was used to "secure" the debt. If you are threatened in this way, get a copy of the loan agreement and the name of the collection agent, and contact [[Consumer Protection BC]] (see the [[Resource List]] for contact information). | | tips = Debt collectors sometimes threaten to take your house, car or other property. They can only do so with a court order or if the property was used to "secure" the debt. If you are threatened in this way, get a copy of the loan agreement and the name of the collection agent, and <span class="noglossary">contact</span> [[Consumer Protection BC]] (see the [[Resource List for Legal Help for British Columbians|Resource List]] for <span class="noglossary">contact</span> information). | ||
}} | }} | ||
{{ | {{REVIEWED | reviewer = [[Drew Jackson]], February 2013}} | ||
{{Template:Legal Help Guide Navbox|type=problems}} | {{Template:Legal Help Guide Navbox|type=problems}} | ||
{{Creative Commons | |||
|title = Legal Help for British Columbians | |||
|author = [[Cliff Thorstenson]] and [[Courthouse Libraries BC]] | |||
}} | |||
