2,734
edits
Difference between revisions of "Introduction to Debtors' Options (10:IV)"
From Clicklaw Wikibooks
Introduction to Debtors' Options (10:IV) (view source)
Revision as of 18:50, 3 October 2022
, 18:50, 3 October 2022→1. Unreasonable Collection Practices
| Line 82: | Line 82: | ||
A collector must not communicate with a debtor, a member of the debtor’s family, a relative, a neighbour or the debtor’s employer in a manner or with a frequency as to constitute harassment. The following constitutes harassment: | A collector must not communicate with a debtor, a member of the debtor’s family, a relative, a neighbour or the debtor’s employer in a manner or with a frequency as to constitute harassment. The following constitutes harassment: | ||
:a) using threatening, profane, intimidating or coercive language; | |||
:b) exerting undue, excessive or unreasonable pressure; and/or | |||
:c) publishing or threatening to publish a debtor's failure to pay (''BPCPA'', s.114). | |||
A collector cannot communicate with a debtor at the debtor’s place of employment unless one of the following conditions is met: | A collector cannot communicate with a debtor at the debtor’s place of employment unless one of the following conditions is met: | ||
:a) the collector does not have the home address or telephone number for the debtor and the collector contacts the debtor solely for the purpose of requesting the debtor's home address or telephone number or both; | |||
:b) the collector has attempted to contact the debtor at the debtor’s home address or telephone number, but the collector has not contacted the debtor in any of these attempts (the collector is limited to one verbal attempt at the debtor’s place of employment (s 116(2)), meaning one call even if the debtor doesn’t answer or hangs up); or | |||
:c) the collector has been authorized by the debtor to communicate with the debtor at the debtor’s place of employment (s 116 (1)). | |||
When the collector is contacting the debtor, they must indicate the name of the creditor with whom the debt was incurred, the amount of the debt, and the identity and authority of the collector to collect the debt from the debtor (s 116 (3)). | When the collector is contacting the debtor, they must indicate the name of the creditor with whom the debt was incurred, the amount of the debt, and the identity and authority of the collector to collect the debt from the debtor (s 116 (3)). | ||
| Line 98: | Line 98: | ||
In collecting or attempting to collect payment of debt, a collector must not supply any false or misleading information; misrepresent the purpose of communication; misrepresent the identity of the collector or, if different, the creditor; or use, without lawful authority, a summons, notice, demand, or other document that suggest or implies a connection with any court inside Canada (s.123). | In collecting or attempting to collect payment of debt, a collector must not supply any false or misleading information; misrepresent the purpose of communication; misrepresent the identity of the collector or, if different, the creditor; or use, without lawful authority, a summons, notice, demand, or other document that suggest or implies a connection with any court inside Canada (s.123). | ||
If a creditor does not obey the ''BPCPA'', the debtor may report the creditor to [http://www.consumerprotectionbc.ca Consumer Protection BC]. | If a creditor does not obey the ''BPCPA'', the debtor may report the creditor to [http://www.consumerprotectionbc.ca Consumer Protection BC]. | ||
=== 2. Limits on Right of Seizure === | === 2. Limits on Right of Seizure === | ||
