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Dealing with collection agencies

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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: 23/February/2005 at 2:35pm
I get my cancelled cheques back but my husband does not (President's Choice Financial) regardless, you cannot have TOO MUCH proof that they have cashed them (my belief) so we have carbon copies, printouts of statements, carbon copy of the letter, and a receipt from sending it all registered mail.  Something my father taught me in dealing with difficult people.  Remember, with legalities being thrown at you (empty or not) you want to make sure you have ALL your bases covered.  Cancelled cheques are an excellent way if your bank provides them.  Some banks, however, require that you request them and it takes time to get them.  If you do as I did you have said information readily available.  Just my suggestion.
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lola View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lola Quote  Post ReplyReply Direct Link To This Post Posted: 25/February/2005 at 4:40pm
Being harassed with phone calls?

Don't get into hassles about family, loans, etc.....Warn them once
not to call. If they call again hang up & dial *57. It traces the call.
After 3 calls, report it to the RCMP. THEY will contact the caller, and
believe me the calls will stop. Also report to the BC consumer
protection agency if you like, but don't expect them to do anything.
They have had their budgets slashed. The RCMP route is much more
effective. It also puts a legal paper trail to the harassment.

Knowlegde is power.
Lola
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lola Quote  Post ReplyReply Direct Link To This Post Posted: 25/February/2005 at 5:23pm
P.S.

Whatever you do, DON'T tell them you are tracing the call with the
RCMP. Also DON'T become abusive yourself - if they are recording
the call they will use it against you.

The aim here is to get the RCMP to look after the illegal harassment,
and to catch the vermon. We don't need to engage in these battles.
There are laws, and if we are calm there are ways to look after
ourselves and the abuse. Record the calls if you can - it would make
good evidence. But if you don't that's okay.
Lola
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Post Options Post Options   Thanks (0) Thanks(0)   Quote silence2long Quote  Post ReplyReply Direct Link To This Post Posted: 25/February/2005 at 5:57pm

Thanks for your post LOLA !!!

Knowledge is power.......abuse by collectors is unacceptable... nice to know that there are other avenues of getting the calls to stop !!

 

silence is a form of fear...fear of the unknown...has kept me silent too long
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Post Options Post Options   Thanks (0) Thanks(0)   Quote builtobedriven Quote  Post ReplyReply Direct Link To This Post Posted: 05/March/2005 at 10:19pm
I am very glad to have came across this forum. I am 26 yrs old and am being harassed by a company called CBV collections. They say they are going to garnish my wadges. If ANYONE out there can let me know of the exact procedures of them doing this it would be greatly appreciated.I need to know where I stand and I need to know my rights. A link, a suggestion, anything..please
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Torie Quote  Post ReplyReply Direct Link To This Post Posted: 08/March/2005 at 7:53pm

I'm dealing with a collection agency called NCO finanical based out of Alberta (Edmonton I think).  I've delt with them for over 4 years now and have always made payments and upon there requests (more like demands with threats of law suits and lots of yelling......from their end) I have applyed again and again for loans to "settle", and when I was denied I was yelled at again and accused of not making the effort and asked to provide proof of which places I had applyed to.  Is this legal?

Since November. 04 (after once again applying for a loan at their demand) I have been paying them 300.00$ a month (tottaly tapping me  out financially) and now 4 months later they are calling me telling me the "client" wants me to "settle" and I should yet again apply for another loan, this time they will even be so nice as to provide me a tax reciept for all the intrest I have payed over the years. I informed the guy that I have applyed for a loan every 4 months at their request and I feel that the answer will be the same as in November.  He then informed me I have to fill out a "finacial questionairre" and then he demanded to know how much I make. I told him I was not required to give him that information he informed me that I was "obligated" , I then asked for a copy of this "obligation" list.  I was supprised when he informed me he did not have a list like that handy.  He then threatend his supervisor I happly agreed to speak with the "supervisor" it was quiet for a bit and "jeff" got on the line (he sounded like a greasy car salesmen) and explained to me that I MUST fill this out so that they can prove to the "client" that I can not "settle".  I said sure send it to my work fax by Monday morning and I will have it to you mid morning your and I gave him the number.


That was on Friday and Monday I watched the fax machine all day...no statement....so Monday when I got home from work I called "frzor" got his machine and left a messge politley stating that maybe they had the wrong number and I'd like to confirm that they do indeed have the correct one..no call back that night (funny how they can call you 2 maybe 3 times a day when they want something from you). 

Tuesday- Still no fax- called "frzor" and told him I have yet to recieve a fax he told me it was sent at 3:00pm (his time, I am in Ont) I said that was great I will fill it out tomorrow and give him a call..he then informed me that was not an option anymore..LOL.  I asked him what was not an option anymore and he informed me that I MUST do it over the phone now.  I informed him that I would prefer to do the hard copy so I would have a copy for my records..he told me to pick up a pen and write it down as we go.  I politley informed him that I will be contacting him tomorrow after I fill out the form.  He hung up on me.

I know this is a long story but I'm just at my witts end I don't know what to do or where to go.  Should I fill out the "questionairre" and play their game and then send the post dated cheques with a letter? it's so hard when you don't know your legal rights does anybody know what a person's legal rights are when it comes to collections?  Any suggestions would be useful.

Torie

It's a matter of prespective life could be worse.
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lola View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lola Quote  Post ReplyReply Direct Link To This Post Posted: 08/March/2005 at 8:13pm
I think this is best left to an expert to answer, but I think you are
being duped. I'd ignore them.
Johnny?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 08/March/2005 at 10:26pm

 

 Torie,

 To answer your qestions, I have to quote you, and then answer.

 You wrote:

 "I'm dealing with a collection agency called NCO finanical based out of Alberta (Edmonton I think).  I've delt with them for over 4 years now and have always made payments and upon there requests (more like demands with threats of law suits and lots of yelling......from their end) I have applyed again and again for loans to "settle", and when I was denied I was yelled at again and accused of not making the effort and asked to provide proof of which places I had applyed to.  Is this legal?"

This behavior and conduct is certainly against the rules, especially if it a Canada student loan (debt owing to the Crown).  All of what you had described is against policy. It is a violation of the certian prohibitions outlined in the Provincial Collection Agencies' act, and HRDC's third party PCA directives.

 You wrote:

 "Since November. 04 (after once again applying for a loan at their demand) I have been paying them 300.00$ a month (tottaly tapping me  out financially) and now 4 months later they are calling me telling me the "client" wants me to "settle" and I should yet again apply for another loan, this time they will even be so nice as to provide me a tax reciept for all the intrest I have payed over the years. I informed the guy that I have applyed for a loan every 4 months at their request and I feel that the answer will be the same as in November.  He then informed me I have to fill out a "finacial questionairre" and then he demanded to know how much I make. I told him I was not required to give him that information he informed me that I was "obligated" , I then asked for a copy of this "obligation" list.  I was supprised when he informed me he did not have a list like that handy.  He then threatend his supervisor I happly agreed to speak with the "supervisor" it was quiet for a bit and "jeff" got on the line (he sounded like a greasy car salesmen) and explained to me that I MUST fill this out so that they can prove to the "client" that I can not "settle".  I said sure send it to my work fax by Monday morning and I will have it to you mid morning your and I gave him the number."

 

This has got to be a bank of Nova Scotia student loan. There is a pattern here.

 Here is the stigma surrounding your debt being managed by an agency - and the fact that you are showing incredibly good faityh by paying as much as you can:

 The collector sees a consistant $300.00 payment coming in from a debtor. Collectors think that people who can afford to pay $300.00 can find a co signer and geta loan. Why pay $300.00 to an agency they think? "ay it to a bank so we can get paid and earn our commission."

 This is why you are recieving the "heat" you are describing. It is a common element of the business psychology.

 If you need help, I can solve this little mess for you and get you back in control.

 

John LeBlanc
The Canadian Financial Wellness Group
 
Tel: (902) 464-8727
 
 
P.S.  The collector is not allowed to fax anything to you at work. If anyone receives that information, it is a serious breech in confidentiality and privacy. I will be setting up a program for people to better understand the privacy issues, and how to solve problems by becoming aware of these rights and statutes.
 

 

 

 

 

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Torie View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Torie Quote  Post ReplyReply Direct Link To This Post Posted: 09/March/2005 at 7:59am

Johnny,

Thank you for the insight and you were correct this is a Scotia Bank Student Loan.   I will defently give you a call, is area code 902 Toronto? 

I have one more question I got to work this morning and low and behold the fax was waiting for me.  The "Financial Questionnaire" is filled with all sorts of personal and confidinential questions, ie. My income, spouse's income, his and my employeers and their phone numbers and addresses.  This is not going to happen I do not feel comfortable giving them more information then nessassary can I flat out refuse to fill it out? and if not can I only fill in what I deem is needed for the "client" to make a decision? This debt has nothing to do with my husband and I will not provide his personal infor to them.

I have scanned the dreeded Financial Questionnaire to post if anybody is interested now or in the future but I am unsure how to attach it.

It's a matter of prespective life could be worse.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Antonio Quote  Post ReplyReply Direct Link To This Post Posted: 09/March/2005 at 8:22am

Hey Torie,

Given what John's written in the previous post, it seems that you have SOLID grounds for filing a complaint with both:

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

and with the Information and Privacy Commissioner of Ontario ( http://www.ipc.on.ca/scripts/index_.asp?action=31&P_ID=1 &N_ID=1&U_ID=0 )--download a complaint form at: http://www.ipc.on.ca/userfiles/page_attachments/cmpfrm-e.pdf .

Send carbon copies to both your MPP and your MP, and to the collection "agency"; the more each and every one of us resists and points out the abuses of these "agencies," the more the government will be forced to deal with their incompetence!

Antonio

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 09/March/2005 at 8:27am

 

 If they faxed it through to you at work, that is against the rules unless you have issued a written authorization to do so. Collection agencies are required to follow the confidentiality rules just like every other business working with financial information.

 There is no law that says you have to provide a collection agency your personal information, or anyone else's that is not responsible for the debt. However, the bank (or collection agency representing them) can use that refusal as an act of unwillingness to some degree. Remember, what is against the "law" - and what is against "policy" are two different things.

 Also remember, if collection agencies and collectors are breaking the law by doing what they do, then their operations would cease completely. If what they are doing is illegal, then the system should put their foot down and investigate. The provincial ministries who license and control collection agencies should be "supervising" them in the event.

 

John LeBlanc
The Canadian Financial Wellness Group
 
Tel: (902) 464-8727
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 09/March/2005 at 8:28am

 

 Antonio,

 HRSDC has no jurisdiction overe a bank on Nova Scotia student loan, and the colelction agency handling it.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Antonio Quote  Post ReplyReply Direct Link To This Post Posted: 09/March/2005 at 6:13pm

John,

Thanks for the correction.

Torie, I'm sorry for posting incorrect information.  The whole point of my message was that people should document abuses (John seems to suggest that such a thing may have happened in this case) and file formal complaints with privacy commissioners, etc.  We shouldn't suffer these attacks on our integrity passively.

Ciao,

Antonio

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Post Options Post Options   Thanks (0) Thanks(0)   Quote jewelsofpaste Quote  Post ReplyReply Direct Link To This Post Posted: 11/March/2005 at 12:21am
Im having a problem with Alliance One- a collection agency in Toronto.
Who can I make a complaint to? Are they regulated on a provincial or
federal level? Is HRSDC the appropriate place to file a complaint against a
collection agency who is acting on behalf of bank rather than a
goverment student loan? Perhap I should file something with the bank
(Royal) for which they are acting.

J
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Post Options Post Options   Thanks (0) Thanks(0)   Quote creditwrench Quote  Post ReplyReply Direct Link To This Post Posted: 13/March/2005 at 2:01pm
Here is a funny one I recorded a while back. Here is the story. I had a student who was getting hounded at work by this San Francisco debt collector. I got all the needed information to make the call from my student and the following is the result of that call I made for him.

Instead of making me give him the correct account number and social he read them right out to me and then asked me if that was correct and of course I said it was. Then the following conversation took place.

Jessie.mp3

Then I put the recording up on a freebie website and had Jessie call the dumbo up the next day and demand to know what he was doing giving out all of his personal information. The CA guy (name of DelGado) claimed he didn't do any such thing so Jessie invited him to play the recording on the internet and tell him he didn't give out all his personal information to a total stranger.

LOL

18 questions to ask debt collectors when they callI also have my students us the following 18 questions every time a debt collector calls. It works real well because they will never call back more than 2 or 3 times and get forced into answering the same 18 questions every time only to get hung up on without getting a word in edgewise.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwelmm Quote  Post ReplyReply Direct Link To This Post Posted: 13/March/2005 at 2:11pm
creditwrench,
Your 18 questions sound great....although, I would not suggest yelling back at them as they do to you....that is not productive at all.  As well...I don't think trying to get the CA to break the law is going to be seen as acting in good faith...it will work against you if you are trying to bait them to break the law....I'm sure Johnny will see this and have very similar views as he has posted on this topic many a times.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote polyhymnia61 Quote  Post ReplyReply Direct Link To This Post Posted: 13/March/2005 at 3:52pm

I think things are a bit different in the US...From the impression I've gotten from posts here, a debtor in the States has more protection against the creditor...

Correct me if I'm wrong?

 

Poly

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 13/March/2005 at 4:48pm

 

 Correct, Poly. The FDCPA is a wonderful statute. It makes the provincial collection agencies' acts look like punchlines to some bad jokes. Also, consumer protectionis very big in the USA. The laws in the United States protect people. The low rate of default with student loans is one proof. 

 Kwelmm,

 Yes, it is good to reiterate that trying to "bait" someone to break a law or provision of any statute is far from productive. That is not what this site promotes and Mr. Omeara would be the first to authenticate this.

 John LeBlanc
The Canadian Financial Wellness Group

 
Tel: (902) 464-8727
 

  

  

 

 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote creditwrench Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2005 at 11:09am
Originally posted by kwelmm kwelmm wrote:

creditwrench,
Your 18 questions sound great....although, I would not suggest yelling back at them as they do to you....that is not productive at all.  As well...I don't think trying to get the CA to break the law is going to be seen as acting in good faith...it will work against you if you are trying to bait them to break the law....I'm sure Johnny will see this and have very similar views as he has posted on this topic many a times.
Well, I don't like to yell at them either but when I get a few questions down the line they just seem to lose it every time and start yelling at me or trying to talk over the top of me and so I am reduced to yelling back at them. 

They just never seem to be able to keep their cool. LOL

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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwelmm Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2005 at 4:18pm
creditwrench...your show of control over the conversation (not yelling--being solid and confident--assertive)  will drive them more nuts than if you yell back at them.  You say "I am reduced to yelling back at them"....Not so...you decide how you will react/respond to them....when you make a comment like that you are realeasing your control to them!  Take it back and be firm.

I've tried both ways of "interacting" with the CAs....when I was confident and calm it drove them nuts because they were not getting the reaction they wanted from me (which was pretty much roll over and play dead because you are useless--now they didn't say that in so many words...although...it was much implied!!

So...what'ya say--try it...and you tell us the difference in the outcome of the discussion next time!!!  Be proactive and prepare yourself for their calls....this helps huge.

I am sure you know what you are doing with the CAs....it's always good to refocus and look at things from another perspective 

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