Hi Kap,
Contact me if you wish. I can't give you any guidance or price until I know for sure what needs to be done.
Loss,
1. If collectors were prohibited from calling a debtor each time they receive a letter from the debtor demanding no calls, then their industry would simply collapse.
Harassment is a violation of the Fair Trading and/or Collection Agencies' Act. If the ministry issues a letter to the agency to cease all verbal communications until further notice is given, then this is different.
Collection agencies receive thousands of these letters from people. Who really wants to listen to a debt collector get all funky onthem over the telephone anyway? Unless there is a complaint being investigated by any given provincial ministry, then these letters are usually disregarded.
Lastly, it is common knowledge that rules are broken all of the time. The Provincial Ministries across Canada are responsible to police these private third-party organizations. In lots of cases, complaints are filed just because someone's phone rings and there is a collectore on the other end. That alone is offensive to many people. Unfortunately, it is not grounds for a complaint regarding a violation of any act.
Most complaints of harassment that occur is usually remain unsolved or are resolved without incident because the Ministry cannot prove it happened. If you lodge a complaint of this nature, you have to prove it. You can rest assured that the offending collector is not going to leave any footprints in the snow leading to any evidence that can be used against him or her.
Collectors know how to dodge complaints in the modern world of their industry.
1. They refrain from inputting any harmful information in their noteline entries.
For instance:
A collector may call you and threaten you with the most unreasonable and unethical action - and even go as far as calling you bad names to prompt you to respond aggressively. The more aggressive you are, it fuels their fire, so to speak.
You file a complaint based on this harassment. The ministry contacts the collector and agency to get their side of the story. The collector is approached by management to repsond to your accusation (allegation at this point). The collector says, "
"Boss, I did no such thing! All I did was call this person and ask him/her why no payment is being made - and what he/she is willing to do to resolve the matter. This debtor suddenly became very irate and started screaming at me! All I did was end the call because the debtor would not calm down and I didn't want to aggitate him/her eny further".
Meanwhile, this collector is standing behind the line now grinning through his or her teeth.
The burden of proof is upon the person who owes a the debt in most cases.
Johnny
http://www.cfwgroup.ca/forum - www.cfwgroup.ca/forum
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