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khildahl
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Joined: 20/April/2005
Location: Canada
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Topic: Collectcorp and PIPEDA Posted: 21/April/2005 at 4:53am |
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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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
Points: 5996
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Posted: 21/April/2005 at 5:20am |
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
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Joined: 06/November/2004
Location: Canada
Points: 702
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Posted: 21/April/2005 at 6:14am |
khildahl,
YOU GO!!! I'M SICK OF COLLECTORS' ARROGANCE....THEY CAN STOP TALKING AND LISTEN TO US FOR ONCE!!!!
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khildahl
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Location: Canada
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Posted: 21/April/2005 at 12:06pm |
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
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Joined: 06/November/2004
Location: Canada
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Posted: 21/April/2005 at 1:38pm |
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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esalvador
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Joined: 05/November/2008
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Posted: 05/November/2008 at 9:12am |
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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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
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Posted: 05/November/2008 at 11:14am |
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.
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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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esalvador
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Posted: 06/November/2008 at 4:58am |
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.
E.
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needinghelp
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Joined: 07/July/2009
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Posted: 07/July/2009 at 9:10am |
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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