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Difference between revisions of "Collection Agents"
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== Solving the problem== | == Solving the problem== | ||
There are several aspects to resolving a debtor’s problem with a collection agent. The immediate concern will probably be putting a stop to unwanted contacts by the agent. Even where a debtor is clearly liable on a debt, the law does not allow any creditor, including collection agents, to pressure a debtor unreasonably (see the section on Harassment). | There are several aspects to resolving a debtor’s problem with a collection agent. The immediate concern will probably be putting a stop to unwanted contacts by the agent. Even where a debtor is clearly liable on a debt, the law does not allow any creditor, including collection agents, to pressure a debtor unreasonably (see the section on [[Harassment]]). | ||
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. | ||