Collection agency harasses debt-free Canadians

gerryh

Time Out
Nov 21, 2004
25,756
295
83
It is not freeman nuttery. I am not saying you don't have to pay money you owe. If you owe money then deal with it but deal with those you owe not some outside party. The agency can try to collect through various means of intimidation and deception but they will never go to court because they have no legal standing in the contract.


wrong...again....
 

petros

The Central Scrutinizer
Nov 21, 2008
117,932
14,435
113
Low Earth Orbit
I can help here.

First you have to remember that you have power in this situation and act like you do.

To start on the first call inform them you are logging all their calls and that you will only deal with the matter in writing. This doesn't mean you have to provide them with you mailing address, do not help them do their job. This puts them on notice and if they do call again you can immediately file a complaint and get them fined.

The next thing is to ask them to provide you with a copy of a contract signed with them (which they of course do not have) with your signature in ink, not a photocopy. If they actually send you an original contract from whomever they represent shred it quickly. Without an original 'wet-ink' contract any case will get tossed from any court.

Now they will make threats of passing it to their legal dept and taking you to court. Invite them to do just that. They have no legal right to collect on anything so they will not head down to the courthouse.

The fun really starts if they try to put something on your credit record. Since they have no contract with you and they have no right to collect they cannot lawfully affect your credit. This is your opportunity to file a suit against them. You have to give them notice they have 30 days to remove the credit hit and after that you can ask for actual & punitive damages.

This is a very basic description but you get the idea. Most agencies will send the file back to wherever it came from after 1 or 2 calls if you let them know that you know they cannot legally collect.
Send them an invoice for your time, if they don't pay, hire a collection agency.

If you owe it to a bank they will generally send you back to the collection company. The debt has already been removed from the books. It's written off and no more interest is accruing. The account owed is with the collection agency, and they will forward about half of what they collect back to the bank.
if you're sharp, you can negotiate a lower settlement than that the original debt.
 

damngrumpy

Executive Branch Member
Mar 16, 2005
9,949
21
38
kelowna bc
Never had the problem personally but a relative had issues with them and the agency
was calling my residence. Why this cousin of mine gave them my number and did that
complicate my life, until I threatened court action against them, Never heard from them
again.
 

CDNBear

Custom Troll
Sep 24, 2006
43,839
207
63
Ontario
If you owe it to a bank they will generally send you back to the collection company. The debt has already been removed from the books. It's written off and no more interest is accruing. The account owed is with the collection agency, and they will forward about half of what they collect back to the bank.
I've been hooked up to someones boat and ready to leave when they called the bank and made the back payments right in the driveway.

I've yet to see a bank turn away money.

Never had the problem personally but a relative had issues with them and the agency
was calling my residence. Why this cousin of mine gave them my number and did that
complicate my life, until I threatened court action against them, Never heard from them
again.
If you share a last name, they could have just pulled your phone number hoping to find him or someone related that would tell them how to reach him/her. Skip tracers do it all the time.
 

JamesBondo

House Member
Mar 3, 2012
4,158
37
48
Here's my story.

20 years ago, I had no credit record, and had to place a $100 security deposit down on a phone account. 6 years later when I closed the account, they lost all record of the security deposit, and would not negotiate with me, so I told them that I was going to let the final bill go to collections.

After about a year of not hearing anything, I recieved a call from a lady claiming to be from a collections agency. She seemed legit enough as she knew the full details of the debt.

Here's the strange part......I told her to mail me a statement or invoice and I would pay it. She tried to get me to pay it over the phone. I said no( several times). She got mad, and very aggressive, and actually told me that I was going to jail, then she hung up.

I never received an invoice, I never heard from her again. And, about a year later, I was approved for a mortgage ( ie clean credit bureau report)

Strange, eh?
 

Kreskin

Doctor of Thinkology
Feb 23, 2006
21,155
149
63
It sure is. She likely wouldn't get paid for the mail-in billed payment so didn't bother picking up the file again.
 

karrie

OogedyBoogedy
Jan 6, 2007
27,780
285
83
bliss
Hubby has a very common french name. We actually stopped listing our phone under his name because of the harassment of debtors. There must be at least 6 men with big debt, and his exact same name, here in Alberta. It's been a long time since we've been harassed (would you believe that collections agencies don't believe you when you say you carry zero debt let alone outstanding debt?), but we get regular phone calls looking for assorted people with our name. I've gotten used to telling them that if they don't believe me that I'm not who they think, they can take it up through legal channels.
 

JLM

Hall of Fame Member
Nov 27, 2008
75,301
548
113
Vernon, B.C.
Hubby has a very common french name. We actually stopped listing our phone under his name because of the harassment of debtors. There must be at least 6 men with big debt, and his exact same name, here in Alberta. It's been a long time since we've been harassed (would you believe that collections agencies don't believe you when you say you carry zero debt let alone outstanding debt?), but we get regular phone calls looking for assorted people with our name. I've gotten used to telling them that if they don't believe me that I'm not who they think, they can take it up through legal channels.

Another way you can be vulnerable is when you give a person permission to give your name as a contact. The bastards do not lay off, they phone 2 or 3 times a day leaving a recorded message. Of course when I see their number on call display, I just let it ring.
 

petros

The Central Scrutinizer
Nov 21, 2008
117,932
14,435
113
Low Earth Orbit
Another way you can be vulnerable is when you give a person permission to give your name as a contact. The bastards do not lay off, they phone 2 or 3 times a day leaving a recorded message. Of course when I see their number on call display, I just let it ring.

Does your phone company use *57 trace annoying calls? It works against collectors too.

It's been 4 years since my sister in-law moved out, the first 3 were hell until I found out about *57 and had all the annoying callers blocked.
 

JLM

Hall of Fame Member
Nov 27, 2008
75,301
548
113
Vernon, B.C.
Does your phone company use *57 trace annoying calls? It works against collectors too.

It's been 4 years since my sister in-law moved out, the first 3 were hell until I found out about *57 and had all the annoying callers blocked.

I could have the call blocking option but it's another $10 a month.
 

petros

The Central Scrutinizer
Nov 21, 2008
117,932
14,435
113
Low Earth Orbit
Nope and it saves them, them cops and you hassles and it doesn't cost anything. It gives you the legal power to do something about them not listening to you. When you say no you mean no and you can lay charges if it continues from another number or auto-dialer and iis the same company.

Word of advise. Never ever let you sister in-law move in after a really nasty divorce no matter how ****ed up she is or they just invade your den and cry on the couch and do **** all for three years wracking up debts.
 

FlowerPower

New Member
Aug 21, 2012
20
0
1
In a Beautiful Place
Iqor hacked into the Vancouver Island Health Authority Files and was sending collection notices to people that had used ambulance service. Iqor said that they had outstanding bills to be paid. THey make harrasing phone calls as they have access to your personal information address and phone numbers.They were poorly generated collection notices received in the mail. Copy and pasted bar codes and a flag as noted by the RCMP I spoke with was that they wanted you to send a money order to an address marked Western Union VIHA does not use this agency! I spoke with them directly. From VIHA I went directly to better business and reported who directed to do a report with the RCMP. They are scamming people for sure so be aware of Iqor. There were people that were speaking in an accent not English and I hate to be prejudiced sounding I am not....ok but they were of the East Indian accent....the phone calls that came associated with this. It went on for two months and then the letters that were told off.....as I am not just a lip service do you get my attitude here ? yes please do be aware of Iqor. The managers name of the lady I spoke with she said his name was Paul Fowler that he was the man that was making her call these numbers as I spoke to her twice. I called the numbers back and started asking them questions? As I wanted to know who the hell it was calling me. You know at first it was a man then you cal back and they answer Hello? What are you doing calling me here? I said...hmmmm.....why are you calling me all the time . I want to know the same thing? So it got to the point it was a young lady non english and she was not sure how to take me but she did spill her guts about the jerk she was working for at the end of that call centre of abuse of employees who do not understand the English they are speaking or what is is that they are doing on the other end of the line. Not cool Mr.Fowler.