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Collectcorp and PIPEDA

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khildahl View Drop Down
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    Posted: 21/April/2005 at 8:53am
So, the other night I returned a mysterious phone call from a Mr. Lopez.  The only piece of personal information I provided to him was my name.  He then proceeded to give me my birthdate, SIN, former and current addresses, and phone number (in what I felt was a very clear violation of the privacy act).  When I told him of my concerns about his lacklustre safeguarding of my personal information, he basically told me to shut up and that I didn't know what I was talking about, and to not talk to him about the privacy act.  The conversation only got better from there....

But I digress:  This morning, I spoke with the Office of the Privacy Commissioner, and was advised that I am absolutely right in this and should file a formal complaint with both CollectCorp and the Privacy Commissioner. 

So, anyone who is being hounded by CollectCorp (or any other collection agency), be aware of your rights under the Personal Information Protection and Electronic Documents Act.  They are required to take proper steps to safeguard your personal information, and asking you "Is your social insurance number 123 456 789?" does NOT qualify as taking proper care.  You may have a legitimate complaint you can file against them.

I was also advised, however, that without a recording of the conversation with which to prove their negligence, not much can be done about it.  The good news?  Collection agencies record their calls and MAY be required under PIPEDA to provide you with a copy of the recording (as well as any other information and/or notes and/or correspondence on your file).  If an agency is exempt from this requirement for some reason, they are still required to provide you with documentation indicating the specific sections and exemptions of the Act that prevent them from complying with your request.

We don't have to sit back and take their crap like they try and say we do.

And CollectCorp?  You really p***ed me off on the wrong night.  We'll be talking again, have no doubt.
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Johnny View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 21/April/2005 at 9:20am

 

 K,

 Most collection agencies have access to your personal credit history. Their clients (your lender) arer allowed to view it, and so are the colleciton agencies as their third-party service providers.

 This is how they knew your previous address, SI#, DOB, and such. All of this information is right there on your credit history.

 It is when the collection agency releases your personal information to any one else without your expressed written consent. For instance, a neighbor, a friend, a bank official, your spouse, employer,your uncle, etc. This is called breech of confidentiality and a violation of the privacy act. PIPEDA is the electronic document's act.

 If you need help let me know. 

  

John LeBlanc
The Canadian Financial Wellness Group
 
Tel: (902) 464-8727
 

 

 

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kwelmm View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwelmm Quote  Post ReplyReply Direct Link To This Post Posted: 21/April/2005 at 10:14am

khildahl,

YOU GO!!!  I'M SICK OF COLLECTORS' ARROGANCE....THEY CAN STOP TALKING AND LISTEN TO US FOR ONCE!!!!

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khildahl View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote khildahl Quote  Post ReplyReply Direct Link To This Post Posted: 21/April/2005 at 4:06pm
I guess I need to clarify:  The collector provided all of my information to me over the telephone without first confirming my identity.  He did not ask me "What is your date of birth?", he asked "Is your birthday XXXXX?"

He did this with all of my information, giving it to me rather than asking me to give it to him.

This is a very clear violation of the privacy act, and when I advised Mr. Lopez of this, he proceeded to belittle me and tell me I didn't know what I was talking about.

So I called the Office of the Privacy Commissioner, and was advised I am in the right regarding this matter.
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kwelmm View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwelmm Quote  Post ReplyReply Direct Link To This Post Posted: 21/April/2005 at 5:38pm
You know, these collectors get to see our credit reports with our information on it and act like it is their god given right to blurt out this knowledge to you...assuming you are the one on the credit report...they should not be assuming a darn thing!  A lesson in manners might do....like asking if this is the person or whatever they are to ask instead of taking the high ground in their attitude.....
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Post Options Post Options   Thanks (0) Thanks(0)   Quote esalvador Quote  Post ReplyReply Direct Link To This Post Posted: 05/November/2008 at 1:12pm

I have some major concerns about how I was being treated by “Mr. Lopez” and am really perturbed by his course of communication with me.  One of them is the fact that he repeatedly made mention of my other creditors and how much I owe them and he also made mention of what I have in terms of assets which I think is not professional on his part and of course not acceptable as this has nothing to do with Collectcorp.  He had mentioned repeatedly in the letter and our conversation on November 4, 2008 that I must contact a legal counsel with regards to my situation which I really think was not necessary due to the fact that I did not really miss any payment on my credit card.  he really did make me feel so frightened.   He also wanted to find out a lot about my background, what I do for a living, my marital status, etc this is not relevant to my situation; and I felt I was being harassed.   I was reading some articles about this company and other people’s point of view on Collectcorp, the Privacy Act of Ontario and the Consumers Guide to Collection Agencies and I do not think that Mr. Lopez’s action and choice of words are necessary. 

 
So if you have any concerns please call the Ministry of Small Business and Consumer Services to find out more about your rights and if you need some guidance with regards to your situation if a collection agency is harassing you for payments.
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Johnny View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 05/November/2008 at 3:14pm

Collectors use terms, and say certain things to either intimidate you, or get a reaction out of you that they can work with. For instance, this collector was looking for anxious behavior after telling you thast you "must" consult with legal counsel regarding the issue. Also, collectors loften misrepresent themselves and their positions as debt collectors by giving themselves false titles. For instance, how many people here have been called by an investigations unit agent, or litigation unit? Those are common pseudonyms used by various collectors. 

Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

solvestudentdebt.com
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Post Options Post Options   Thanks (0) Thanks(0)   Quote esalvador Quote  Post ReplyReply Direct Link To This Post Posted: 06/November/2008 at 8:58am

Thank you Johnny!

I was just worried about a lot of things after the calls I received from them.  I wrote and addressed it to Joyce Morrison with regards to my concerns, just curious to find out if they will act on it.
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote needinghelp Quote  Post ReplyReply Direct Link To This Post Posted: 07/July/2009 at 1:10pm
Hi Johnny,
I just have a quick question for you - wondering if you know the answer to this - I live in the US and received a call from Collectcorp with the same threats about litigation, etc and they would not identify the name of the company or give me an address where I could send them a payment - they also were reading off info about my other creditors to me which I knew they had from my credit report - do you know if they have to follow the same laws for collections outside of Canada or would I still be protected under the collection laws from Canada since they are a Canadian based company?
 
 
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