Difference between revisions of "A Debt Collector Is Harassing Me"

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{{Template:Legal Help Guide TOC}}Your creditors (people you owe money to) are allowed to take reasonable steps to collect the debt, including hiring a Collection Agent. However, a debt collector can’t threaten, coerce, intimidate or harass you, a member of your household, a neighbour or friend, or your employer by:
{{Template:Legal Help Guide TOC}}Your creditors (people you owe money to) are allowed to take reasonable steps to collect the debt, including hiring a collection agent. However, a collection agent can’t threaten or harass you, nor a member of your household, a neighbour or friend, or your employer.  Collectors are specifically prohibited from:
calling too often or at inappropriate times;
* calling too often or at inappropriate times, or
* using threatening, profane, intimidating or coercive language;
* using threatening, profane, intimidating or coercive language, or
* exerting undue, excessive or unreasonable pressure;
* 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 and then deal with you at home (not work-except once if they can’t reach you at home) from 7 am to 9 pm Monday to Saturday, or 1 pm to 5 pm on Sunday. They can’t call you on statutory holidays.
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 also insist that the debt collector deal with you only in writing or through your lawyer, if you
You can insist that the debt collector deal with you only in writing or through your lawyer, if you have one.
have one.
 
{{Tipsbox
| width = 70%
| tips = For information about unreasonable debt collection practices concerning ''student loans'', call:
* 1-888-815-4514 about federal student loans, or
* 1-800-561-1818 about provincial student loans.
}}


== First steps ==
== First steps ==
# If a professional debt collector is breaking one of the rules described above, tell them so. If they don’t stop, record the dates, times and content of the communications they have with you and others about the debt. (Consider using the free Star-57 (dial <nowiki>*</nowiki>57) program from Telus to trace calls made to you from the debt collector).
# 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. You should not 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 Collection Agent is using unreasonable debt collection methods, contact Consumer Protection BC at 1-888-564-9963 and ask to speak with the Complaints Manager for 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]] by:
 
:*filing a [https://www.consumerprotectionbc.ca/consumers-debt-collection/how-to-make-a-complaint/debt-collection complaint form], or
=== Student Loans ===
:*calling 1-888-564-9963 (ask to speak with the Complaints Manager about the collection agency you are dealing with).
For information about unreasonable debt collection practices concerning '''''student loans''''', call:
# 1-800-667-0135 about federal student loans, or
# 1-250-387-6100 about provincial student loans.


== What happens next ==
== What happens next ==
If you contact BPCPA, the Complaints Manager will contact the collector if he or she feels the practice is
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.
unreasonable and ask the collector to stop the practice. The BPCPA 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
Provincial (Small Claims) Court. See [[I need to take someone to court]] in this Guide.
Provincial (Small Claims) Court. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide.


== Where to get help ==
== Where to get help ==
See the [[Resource Guide]] in Part 2 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 Justice]], [[Lawyer Referral Service]], [[Salvation Army Pro Bono Lawyer Consultation Program]], [[Private Bar Lawyers]].
* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
* [[Legal Services Society]] Publications: “Consumer Law and Credit/Debt Law”.
* 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?]"
* [[Law Students’ Legal Advice Program]] (See “Chapter 10- Creditors’ Remedies and Debtors’ Assistance”, for useful information on “Harassment by Debt Collectors”).


Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] in Part
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.
3 of this Guide. Make sure you bring copies of all documents relating to your case.


{{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, the name of the collection agent and contact Consumer Protection BC (see page 45 in this guide).
| 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]], March 2017}}


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{{Template:Legal Help Guide Navbox|type=problems}}
{{Creative Commons for Legal Help Guide}}

Latest revision as of 04:16, 2 May 2017

Your creditors (people you owe money to) are allowed to take reasonable steps to collect the debt, including hiring a collection agent. However, a collection agent can’t threaten or harass you, nor a member of your household, a neighbour or friend, or your employer. Collectors are specifically prohibited from:

  • calling too often or at inappropriate times, or
  • using threatening, profane, intimidating or coercive language, or
  • 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.

You can insist that the debt collector deal with you only in writing or through your lawyer, if you have one.

Tipsandnotes.png
For information about unreasonable debt collection practices concerning student loans, call:
  • 1-888-815-4514 about federal student loans, or
  • 1-800-561-1818 about provincial student loans.

First steps[edit]

  1. 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.
  2. 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. You should not give out personal information other than financial information.
  3. 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."
  4. 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 by:
  • filing a complaint form, or
  • calling 1-888-564-9963 (ask to speak with the Complaints Manager about the collection agency you are dealing with).

What happens next[edit]

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 suffer loss or damages because of the unreasonable practices of a collector, you can sue them in Provincial (Small Claims) Court. See "I need to take someone to court" in this Guide.

Where to get help[edit]

See the Resource List included in this Guide for a list of helpful resources. Your best bets are:

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

Tipsandnotes.png
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).
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Drew Jackson, March 2017.


Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.