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Dealing with collection agencies

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BigFatherA View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BigFatherA Quote  Post ReplyReply Direct Link To This Post Posted: 06/January/2005 at 8:30pm
It's probably a computer autodialer.  Telemarketers use them to determine what phone numbers in each exchange has a human on the other end.  Try calling the number with a fax or modem and see if it responds.  It could still belong to a collection agency.  Then it would be determining when a target victim is home.  It's the first volley in something annoying at best.

If you have an answering machine have it play the three tones for "number not in service" at the beginning of your message.  That all the telezapper does!  This causes an autodialer to drop your number.
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melistress View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote melistress Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2005 at 2:15pm
Wow you guys are so great!  My husband owes a lot of money to Student Loans.  We went through a consumer proposal with Deloitte and Touche and assumed from the information he got from them that it was over when his discharge papers came through.  Well a year after the discharge they are calling us AGAIN! He is very shy and has a hard time standing up to people.  He also thinks he has to answer every question about our personal situation that they ask him.  They have demanded we get a loan from somewhere else (which is not even possible) and they have threatened us with a law suit.  They have also refused to give us the file number and address to send payments to.  For some reason when you call the number it is answered City Sales Government Services Division.  Anyway, I made him call them and speak to a receptionist or something to get an address and a file number - which he was successful in doing.  They refuse to let us send them payments we can afford and wouldn't even give us the information we needed to do it anyway.  They call us at least once per day.  It makes me laugh when they stated in the Toronto Star that they only call their files about twice per month because that is not the case at all.  Thank you for all the valuable information in dealing with CBC.  I have sent this link to my home e-mail address so that my husband can see for himself and stop being so afraid of them.  If anyone has a link that isn't to an Alberta website but a general canadian one on the rules governing collection agencies I would really love to see it posted here.  CBC is completely out of hand.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwelmm Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2005 at 3:59pm

Melistress,

Here is a link to the Debt Collection Act...hopefully it is what you are looking for:

http://www.qp.gov.bc.ca/statreg/stat/d/96092_01.htm      

                                                        

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Antonio Quote  Post ReplyReply Direct Link To This Post Posted: 19/January/2005 at 6:34pm

Hey all:

From the Dealing with Collection Agencies section:

"- communicate in any manner with a debtor unless he or she has previously sent him or her a written notice;"

Can I file a complaint if I come home and find a phone message from a "so-and-so regarding file number such-and-such," without my having received any written notice?  These agencies' tricks are transparent, but they're annoying all the same!

Also, my "file" has somehow managed to go through at least 4 or 5 agencies.  Does it keep getting bounced around, or does HRDC finally intervene?

Thanks,

A

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Post Options Post Options   Thanks (0) Thanks(0)   Quote cardboardmask Quote  Post ReplyReply Direct Link To This Post Posted: 07/February/2005 at 6:02pm

Hi - I'm factfinding for someone who has recently found out they were in arrears on their CSL (really was a surprise, and no, it really isn't 'me' we're talking about here. I've had my own student loan nightmares .. remember them well, but not fondly).

Anyway, CBCL are doing the usual song and dance about wanting "the whole amount", etc ... and are essentially doing a really good job of being the dregs of society that they are.

The phone calls are the the thing I'm concerned about. The phrase, "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", that they aren't allowed to contact relatives.

This person is living with a relative (not a parent), who is in no way financially responsible for the debt (all that 'surety for the debtor' bafflegab), it's just a place to crash in-between permanent addresses.

That being the case, can we tell CBCL to {{STEPOFF}}? They're calling frequently enough to upset this lady - and she's at an age where upset is just not a good thing. 

Thanks in advance.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote annoyed Quote  Post ReplyReply Direct Link To This Post Posted: 07/February/2005 at 6:18pm
I would say you absolutely could insist that they stop calling this number, assuming that they do not know that the debtor is residing there (otherwise they have no basis to call). On the other hand, if they do know that the debtor is living there, you can always have someone say that he or she has moved and not left a forwarding address/phone number. If they continue to harrass this poor lady, you should quote them the law as you've quoted it above and let them know that YOU (and the lady) know your rights and will not tolerate their calls. They tend to back off when they realize that someone else knows what their legal limitations are. Failing that, these dregs are generally retained on contracts that expire after a certain number of months. If they think its pointless to call this number, they'll probably go away and focus their efforts somewhere else.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote melistress Quote  Post ReplyReply Direct Link To This Post Posted: 08/February/2005 at 9:00am

Hi guys!

Well, I had had enough and of course the student debt is in fact legitimate so to deal with my husband's collectors we did the following:

WITHOUT filling out any income report of any kind we managed to talk to the first available agent and get an address (which they wouldn't even give us before) and a file number (also not given to us) as well as who the cheques could be written to.  They had been demanding the whole amount (same song and dance as everyone else) and they threatened to sue us on a daily basis.  Anywho, we sent them a letter telling them that they are no longer to call us or to insist on getting loans from elsewhere and that enclosed are several post dated cheques.  We told them also, that the deposit of these cheques would indicate acceptance of these terms.  We then made out cheques in an amount we could afford (our amount...not theirs) and sent it to them registered mail. 

We haven't heard from them since and the cheques are being cashed.  Just a suggestion for people who are acknowledging the debt.

 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote melistress Quote  Post ReplyReply Direct Link To This Post Posted: 08/February/2005 at 9:02am
If you like I can post a copy of the letter.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Blue. Quote  Post ReplyReply Direct Link To This Post Posted: 08/February/2005 at 9:32am
I did the same--they said they wanted the financial questionnaire filled out. I refused. They said I had to pay 3% of the principal. I agreed to that, but in January, I sent them $50. That is NOT 3% of the principal, but I also enclosed 2 more cheques for 3% post-dated for the next two months. They don't seem to really care, as long as they're getting paid. *shrug* Then again, I think I've been VERY lucky in dealing with my particular agent.
What you are obsessing about is a debt. It's a loan. It's business. It's money. It contains no moral baggage. You are a decent, kind, loving and moral human being.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote hunter Quote  Post ReplyReply Direct Link To This Post Posted: 08/February/2005 at 9:48am
Blue

If you are dealing with HRDC, I would fill out the questionare otherwise they will think that you are not complying and they will call up your payroll department and get the information.
Whereas if it is a collection agency, I will not give them any information. HRDC is rather nice to work with, and I have had no problems with them.
I fill out the form and then they call my payroll dept. to verify the information and because I have told them the truth, there is no problems.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Blue. Quote  Post ReplyReply Direct Link To This Post Posted: 08/February/2005 at 10:10am
Well, I'm dealing with CBCL. My CA told me that the only way I could get around filling out the financial questionnaire was to pay 3% of the principal of the loan. I made payments in November and December, as well as (as above) a $50 payment in January, and sent post-dated cheques for Feb & Mar for the 3% as discussed. They've sent me paperwork specifying that they agree to the amount I'm paying, so, so far so good. I'll keep my fingers crossed that it stays that way!!
What you are obsessing about is a debt. It's a loan. It's business. It's money. It contains no moral baggage. You are a decent, kind, loving and moral human being.
--Islander
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Post Options Post Options   Thanks (0) Thanks(0)   Quote melistress Quote  Post ReplyReply Direct Link To This Post Posted: 08/February/2005 at 10:32am

They didn't insist yet that we fill out a financial questionaire.  Oh wait, maybe they did...but they never sent it.  Anyway, the point was to jump one step ahead of them. 

A friend of mine was in financial debt once (non student loan) and she did the same thing with each of her creditors paying as much as she could afford to each of them (messy divorce credit problems) and sent them a similar letter saying that this was ALL she was going to pay toward the debts (most of them not even the full amounts) and that deposit of the cheques would indicate acceptance of the terms.  She never had another problem.  This was all at the suggestion of a credit counsellor. 

I thought we would try it and it seems to be keeping them off our backs.  When the cheques run out (keep your bank statements to prove they deposited them) we will send another letter and some more cheques until the PRINCIPLE is paid off.  I work for an accounting firm and in most cases interest is forgivable. 

We will negotiate on the interest when the time comes.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote melistress Quote  Post ReplyReply Direct Link To This Post Posted: 08/February/2005 at 10:34am

Please find below a copy of the letter we sent.

 

 

 

Canadian Bonded Credits Ltd.

P.O. Box 606

Willowdale Stn. B.

Toronto, ON  M2K 2P9

 

 

To Whom It May Concern:

 

Re:       File # ************

 

Please accept the enclosed postdated cheques as payments towards my delinquent account.  Although it is preferred that I pay the whole amount at once, I am unable to do so but I am willing to make payments of whatever I can toward clearing off this debt.  Please note that I do not qualify for a loan even with a co-signer and have no access to the kind of money you would like me to come up with, therefore any further mention of a loan will be unacceptable and treated as harassment.  I am sure that you will be pleased I am making an effort and accept these cheques.

 

I will treat the deposit of any of these cheques as acceptance of these terms.  Thank you for your patience and cooperation in this matter.

 

 

Sincerely,

 

 

 

 

Joe Shmoe

 

 

cc:              Joe Shmoe

 

 

Encl.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote AmyR Quote  Post ReplyReply Direct Link To This Post Posted: 22/February/2005 at 1:56pm
Originally posted by melistress melistress wrote:

Hi guys!

Well, I had had enough and of course the student debt is in fact legitimate so to deal with my husband's collectors we did the following:

WITHOUT filling out any income report of any kind we managed to talk to the first available agent and get an address (which they wouldn't even give us before) and a file number (also not given to us) as well as who the cheques could be written to.  They had been demanding the whole amount (same song and dance as everyone else) and they threatened to sue us on a daily basis.  Anywho, we sent them a letter telling them that they are no longer to call us or to insist on getting loans from elsewhere and that enclosed are several post dated cheques.  We told them also, that the deposit of these cheques would indicate acceptance of these terms.  We then made out cheques in an amount we could afford (our amount...not theirs) and sent it to them registered mail. 

We haven't heard from them since and the cheques are being cashed.  Just a suggestion for people who are acknowledging the debt.

 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote AmyR Quote  Post ReplyReply Direct Link To This Post Posted: 22/February/2005 at 1:59pm
Right now I am dealing with SDC Collection Agencies and they are demanding that I pay my loan all at once or else I can pay 3% of it then for 6 months I can pay 100.00 and then I have to pay the rest of it after that.  Is this something like what you had to go through?  They are constantly calling and telling me to contact my parents to get money to pay this off.  That is illegal for them to do yet she keeps on insisting I do so.  So you just sent money to the collection agency and they stopped bugging you is that right?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Blue. Quote  Post ReplyReply Direct Link To This Post Posted: 22/February/2005 at 2:14pm

Tell them next time that their insistence that you get another loan is illegal.

They're bringing up the 6 month number for a reason. Every six months, your file is reviewed at the collection agency. So, whatever terms you set up now are reviewed in six months. So I wouldn't be too concerned about that.

If you don't want to pay the 3% (or if you can't), then I would suggest you fill out their financial questionnaire and send it back to them. Basically, what's written above is accepted as pretty much correct. The likelihood that SDS is going to refuse any kind of payment is slim to none. By law, they have to accept whatever you send. So send 6 post-dated cheques, and when that gets near to the end, send another 6. They'll probably just keep on cashing them.

What you are obsessing about is a debt. It's a loan. It's business. It's money. It contains no moral baggage. You are a decent, kind, loving and moral human being.
--Islander
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Post Options Post Options   Thanks (0) Thanks(0)   Quote advisor Quote  Post ReplyReply Direct Link To This Post Posted: 22/February/2005 at 9:03pm
also depending on which province you are in - for example, BC has a government agency - consumer protection which you should report any harassing or threatening behavior to, in regards to collections with student loans. Once you have made 6 regular payments on your student loan collections, you can apply to have it recalled back to regular student loans repayment.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote advisor Quote  Post ReplyReply Direct Link To This Post Posted: 22/February/2005 at 9:04pm
I work as an advisor with students on repaying student loans and in dealing with collection companies so if anyone needs a question answered, I will do my best to assist in it
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Post Options Post Options   Thanks (0) Thanks(0)   Quote melistress Quote  Post ReplyReply Direct Link To This Post Posted: 23/February/2005 at 8:06am

Originally posted by AmyR AmyR wrote:

Right now I am dealing with SDC Collection Agencies and they are demanding that I pay my loan all at once or else I can pay 3% of it then for 6 months I can pay 100.00 and then I have to pay the rest of it after that.  Is this something like what you had to go through?  They are constantly calling and telling me to contact my parents to get money to pay this off.  That is illegal for them to do yet she keeps on insisting I do so.  So you just sent money to the collection agency and they stopped bugging you is that right?

Yep...we just sent them money...before they could even send out the questionairre.  They are cashing the cheques and they are no longer calling us.  They were insisting that we get a loan as well and wanted to talk to my husband's brother to confirm that he would not cosign for us to get a loan.  Totally illegal.  The problem is that when we confronted them about their illegal actions they denied that it even is illegal and just kept up the threats.  That spurred me to action (to get them the hell off our backs) and I drew up that letter.  Don't wait for a questionairre.  Figure out what you can pay and make a copy of that letter.  See what happens.  Draw up your own terms and see if they are accepted.  Make sure that if you don't have carbon copies of your cheques that you photocopy them before you send them and get copies of your bank statement to prove that they did in fact cash them.  Send the cheques registered mail and keep a copy of the letter with cc:  yourself on both copies.  If you do have a lawyer...even cc:  the lawyer (whether you send it to the lawyer or not is a non issue...its the same tactic they use in threatening you and shows them that you mean business and can't be screwed over on the phone anymore).  Take controll of your situation and you will feel much better and have better results.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Blue. Quote  Post ReplyReply Direct Link To This Post Posted: 23/February/2005 at 10:07am
Melistress, don't you just get your cashed cheques back from the bank? Might make it easier. I know a lot of people pay by money order, but I just pay by cheque and have the cashed cheques returned. I've started a file for all of them...so I KNOW that the c/a accepted them!!
What you are obsessing about is a debt. It's a loan. It's business. It's money. It contains no moral baggage. You are a decent, kind, loving and moral human being.
--Islander
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