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Dealing with collection agencies

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    Posted: 01/July/2004 at 5:06pm
Dealing with Collection Agencies:

Overfrequent or unnecessary contact is a common occurence that happens to those who owe defaulted student loans.

Third party agency collectors are prohibited by HRDC to make any more than two seperate telephone contacts (this includes leaving messages on answering machines or with a third party) in a single day. No 3rd party collectors are to place more than five telephone calls in a given five-day stretch with a CSL client (or a client's authorized representative), unless the calls were agreed to in advance.

According to HRDC, collection agents are not allowed to be rude or abusive. They are not allowed to threaten legal action, as this can only be initiated by HRDC. In addition, they are required to accept payments. If these rules are not being followed, file a complaint with HRDC, noting the name of the company, date and time they called, name of agent and any other information.

Following is a accepted code of practice for Collection Agents. A collection agency or collector shall not, in an attempt to make collections,

- where the debtor is an employee, contact the debtor by telephone, mail or in person at the debtor's place of employment;
- contact the employer of the debtor without the debtor's consent;
- contact the debtor between the hours of 10p.m. and 8 a.m.;
- threaten to proceed with an action for which he or she does not have authority;
- use coercive language, threaten loss of employment or loss of community ranking;
- communicate in any manner with a debtor unless he or she has previously sent him or her a written notice;
- make telephone calls or personal calls or written communications of a nature or frequency as to constitute harassment of the debtor, his or her spouse or a member of his or her family; or
- except to obtain the debtor's address, communicate with acquaintances, friends, relatives or neighbours of the debtor, unless that person is surety for the debtor.

a collection agency, collector, person or firm acting on behalf of a collection agency when contacting a debtor by telephone shall immediately upon contacting the debtor identify itself as a collection agency and shall in no way use a device, comment or statement to infer otherwise.

NOTE: IF YOUR COLLECTION AGENCY COMPLAINT IS IN REGARDS TO A STUDENT LOAN, FILE YOUR COMPLAINT DIRECTLY WITH HUMAN RESOURCES DEVELOPMENT CANADA!

Send complaints to:

HRDC Collection Services
140 Promenade du Portage, Phase IV, 2nd Floor
Hull, Quebec K1A 0J9

Make sure that ALL documentation is included that will substantiate a complaint!

Note: it is also illegal for collection agencies to impersonate another organization, or to suggest that you borrow money from some other source to pay the debt.


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Booya View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Booya Quote  Post ReplyReply Direct Link To This Post Posted: 11/July/2004 at 12:29am

Note: it is also illegal for collection agencies to impersonate another organization, or to suggest that you borrow money from some other source to pay the debt.

Hi there,

Can you please tell me your source on this information. I have a collector that has suggested I borrow from family. This is a non SL however, but I'm wondering if this is a provincial licensing rule or an HRDC rule. I'm in Alberta if that matters.

Booya

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Post Options Post Options   Thanks (0) Thanks(0)   Quote 6273kat Quote  Post ReplyReply Direct Link To This Post Posted: 11/July/2004 at 2:28pm

 Here is a direct link to the Alberta Website, it is found in another area of this site. http://www3.gov.ab.ca/gs/pdf/billcoll.pdf

 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Debt Free Quote  Post ReplyReply Direct Link To This Post Posted: 22/November/2004 at 7:20pm

A funny twist to handling a Debt Collector....

I am not reccomending this but....it sure made me feel better.

About 5 years ago.  I had been out of work for several months and on welfare because the work I had was contract with no benefits. I had also put my fiance in the mental hospital and had just lost a baby.  Life sucked and I could not make any payments on my Student Loan of course.  The Debot Collector called me and when I explained my situation he said that LOTS of people on welfare still made payments on their student loans. (Yeah Right!) I had filled out the forms telling them I had no income. I kept explaining I am sorry I have no funds I really can't pay etc.  I wish I could.  Anyways, he insisted I contact everyone I know and ask them to loan me the money to pay off the debt and insisted I call him at the end of the week.

I waited untill the next day and called the guy back and asked him personally to loan me the money.  It was hilarious. 

Me... Please can you loan me the money?  You have a job you could give me $50 a month to help me pay it off.  

Him.. I am sorry I don't have the money to help you.

Me... But it is only $50 that's not much. I am sorry but you did insist to ask everyone I know.

Him.. But I don't have a spare $50. I wish I could but I don't have the money.

Me.. Come on I know you have a spare $50 you could give up smoking or fancy coffees.?

Him..Well I don't smoke but I just don't have any money to loan you.

It made me feel so good to put him in my situation even if it was for just two minutes.

Noone called me from that agency for 4 years after that!

Cheers!

 

 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 22/November/2004 at 8:10pm

 

 A real funny way to frustrate the snot out of a collector is to simply "repeat" everything they say to you after a certain point.

 Example:

 Bill collector: "This Mr.Corndog calling from Collect-Lint Inc. I'm calling you concerning your Canada student loan in the amount of $20 Million dollars."

 You: "Yes Mr. Corndog, how may I help you?"

 Bill Collector:" Well, it looks like my client is unhappy with the way things are going and is considering taking legal action against you ..."

 You: "Is that right, uh?"

 Bill Collector: "That's right, Unless you somehow come up with 20 Million dollars by tomorrow at noon ..."

 You: "20 million dollars by noon?"  

 Bill Collector: "Yes, that's right."

 You: "Is that right?"

 Bill Collector: "Yes that is right. Now, what are you prepared to do?"

 You: What am I prepared to do?"

 Bill Collector: "Yes, what are you prepared to do?"

 You: " Hmmmm... what am I prepared to do?"

 Bill Collector: " Yes sir/ma'am, and I am starting to get the impression that you think this is a game..."

 You: "A game? Oh,... no. Not a game. do you think this is a game?

 ... see how long you casn keep it going. Maybe have a csd.ca competition of some sort to see who can frustrate a colelctor the longest.

 

 

   

     

 

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 Islander Quote  Post ReplyReply Direct Link To This Post Posted: 22/November/2004 at 8:36pm

An employee of mine had a problem with collectors. When I had a company back in Canada. All my staff helped her out. We'd do stuff like this:

Ring:       XYZ company may I help you?

Vermin:   I'm calling from Total Credit Recovery. I want to talk with ...

US:        Recovery? One moment please. (put on hold for at least 5 minutes)

US;         Addiction and abuse recovery. May I help you?

Vermin:    I don't want this department, I want to talk with ---

US:         Tha t sounds like denial to me.

Vermin:     What?

US:           Do you want to speak to a counsellor?

Vermin:      What?

US:           It appears to have affected your speech centres. Or can I get you a Mandarin speaking counsellor ?

Vermin:      Just a minute!

US:          Very well. Please hold. (Put on hold while we held a pool for how long he'd stay on the line before giving up).

They tend not to be exactly frantic with brains, so games like that are almost depressingly easy.

 

 



Edited by Islander
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Post Options Post Options   Thanks (0) Thanks(0)   Quote momof2 Quote  Post ReplyReply Direct Link To This Post Posted: 23/November/2004 at 7:28am

you guys are making me laugh so hard my sides hurt.  thanks for the entertainment.  ideas like this keep my sanity.

a friend of mine was dealing with a CA.  using call display, everytime they called he would answer "city morgue, hold please" and turn on his dremel tool for a few minutes, muttering under his breath about the bone being suprisingly brittle or the muscle being bruised or the lungs being disgusting, etc and commenting on all the blood loss.  then he'd come to the phone and if they were still there, ask if they were calling about picking up so and so's corpse.  the CA would stutter and he'd say you know, the guy who wrapped his car around a tree, or the one who was stabbed twelve times, etc.  it was priceless.

the CA's would frequently hang up after my friend answered the phone, and eventually they got so discouraged that they stopped phoning altogether.

professionals built the titanic but amateurs built the ark...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Islander Quote  Post ReplyReply Direct Link To This Post Posted: 23/November/2004 at 6:29pm

I love it Mom!

My only concern regarding the sounds of corpses being mutilated would be that most CAs would find it sexually arousing and they'd call even more often, like a 900 number.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote CARGO1 Quote  Post ReplyReply Direct Link To This Post Posted: 23/November/2004 at 7:45pm

very funny,

 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote BigFatherA Quote  Post ReplyReply Direct Link To This Post Posted: 23/November/2004 at 10:49pm
Thats it!!!

We should all get 900 numbers so when those collectors call they will be contributing to our student loan repayment plans  at say $29.99  a minute!


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Post Options Post Options   Thanks (0) Thanks(0)   Quote Islander Quote  Post ReplyReply Direct Link To This Post Posted: 23/November/2004 at 11:50pm

And with the frequency of the collectors' calls, the debts could be paid off in just a matter of weeks from the income!

By God, Pop, I think you've found the solution!

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 24/November/2004 at 12:05am
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 Scotia Quote  Post ReplyReply Direct Link To This Post Posted: 27/November/2004 at 1:16am
i gotta tell ya there should be a travelling comedy show attached to this.id pay to see it
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Post Options Post Options   Thanks (0) Thanks(0)   Quote momof2 Quote  Post ReplyReply Direct Link To This Post Posted: 27/November/2004 at 3:01pm

without a sense of humour the situation would likely destroy many of us

professionals built the titanic but amateurs built the ark...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote masy Quote  Post ReplyReply Direct Link To This Post Posted: 29/November/2004 at 10:07am

FYI, collection agencies are regulated by the government, which means that they are also regulated under the Privacy Act and in particular, the Personal Information Protection and Electronic Documents Act, aka PIPEDA. I was recently on their website and they have summaries of cases against companies for violations of privacy. One case involved a collection agent (our favorite people) calling a person's work and telling the person's employer how much he owed and how longed he owed it. That person and his employer filed a complaint with the privacy commissioner, it was found that because the collection agent told a third party detailed information on what he owed, the collection agent had violated one of the privacy acts and the collection agency was ordered to train their staff on privacy issues and the collection agent in question was fired. 

Check out www.privcom.gc.ca for more info.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwelmm Quote  Post ReplyReply Direct Link To This Post Posted: 29/November/2004 at 12:19pm
GOOD!!! 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Islander Quote  Post ReplyReply Direct Link To This Post Posted: 29/November/2004 at 5:18pm
Keep those cards and letters coming in, Folks!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote 6273kat Quote  Post ReplyReply Direct Link To This Post Posted: 30/November/2004 at 12:43pm

I love this topic...But on a serious note I would like to suggest you stand up literally(If you can). For some reason I found that the most helpful when dealing with CA's.

CA's would call my home and when I answered I would make sure I was standing. I was much more likely to stand my ground and remain in control of the conversation. For those of you who don't do this...give it a try.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote momof2 Quote  Post ReplyReply Direct Link To This Post Posted: 30/November/2004 at 1:52pm
ive tried this before, it DOES work.  this is one of the reasons most employers give employee reviews over lunch - the employee is seated and relaxed and less likely to be confrontational when getting bad news.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote annoyed Quote  Post ReplyReply Direct Link To This Post Posted: 06/January/2005 at 5:23pm
Hi guys. I have recently been receiving phone calls that are just hang ups. When I *69 the number, it is (905) 528-7000, which is a Hamilton Ontario number. But when I call it back, it just goes to a dial tone. I am starting to suspect from reading some similar stories on the web that this is a collection agency, and just wondered if anyone else had received any calls from this mysterious 905 528 7000 number?
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