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  1. #1
    CaLoonie
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    Has anyone ever been contacted by a debt collector and their rude behavour on the phone. After three or four months the credit card the credit card debt is sold for pennies on the dollar to a collector agency to collect the debt.

    Here are a few small tips dealing with debt collectors

    1. They cant call your employer or call you at work
    2. They cant contact your relatives or neighbours
    3. They can't verbally abuse or swear at you on the phone
    4. They can't call you on sunday or various times depending on province.
    5. They cant garnish your wages until they take you to small claims court

    Plus check your provincial government websites too see the laws on debt collectors and if your rights have been violated you can launch a complaint with the consumer agency in your province.
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  2. #2
    Smart Canuck kduever's Avatar
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    Quote Originally Posted by Cheapster1977 View Post
    Has anyone ever been contacted by a debt collector and their rude behavour on the phone. After three or four months the credit card the credit card debt is sold for pennies on the dollar to a collector agency to collect the debt.

    Here are a few small tips dealing with debt collectors

    1. They cant call your employer or call you at work
    2. They cant contact your relatives or neighbours
    3. They can't verbally abuse or swear at you on the phone
    4. They can't call you on sunday or various times depending on province.
    5. They cant garnish your wages until they take you to small claims court

    Plus check your provincial government websites too see the laws on debt collectors and if your rights have been violated you can launch a complaint with the consumer agency in your province.
    Actually - they may be able to do some of these things:

    1. Calling an employer - it depends on what province you live in (in some provinces they can!)
    2. Calling neighbours and relatives - yep they can do that (what they cannot do is say that they're calling about a debt - but they can say that they're calling about a personal or confidential matter). Usually though, they won't do that unless you are avoiding them, or they cannot find current contact information for you.
    3. Verbal abuse/swearing - no they cannot do that
    4. Call on Sunday? (again, it depends on the pronvice - but there are times that are restricted such as statutory holidays and certain early and late hours)
    5. Wage garnishing - no, not until after small claims court.

    Usually, though they will not sue you if are willing to make even a small payment once a month. Even if you can only afford $20 or $50 a month, if you make those payments, most companies will not sue.
    Last edited by kduever; Tue, Mar 2nd, 2010 at 08:14 PM.

  3. #3
    CaLoonie
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    Plus most debt collection agencies will settle too they might settle for the pennies on the dollar amount the credit card company sold the debt for.

  4. #4
    Karen
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    They are also not allowed to call you again if you tell them it is not your debt, unless they can prove that it is. Good information for people who get calls for people with a similar name or who used to have your phone number... I know it's their job and all but they drive me crazy with their desperate attempts to track people down. I had to talk to a dozen people before I convinced one company to take me off their call list.
    Always looking for reasonably healthy food coupons, non-dairy products, and friendly cleaners (esp Method brand).

  5. #5
    tickled toad froggiestyle's Avatar
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    This is an excellent read please take the time to read it

    Dealing with Collection Agencies

    When being confronted by an "un-pleasant" agency collector, many people tend to exhibit anxiety, fear, and sometimes panic in their response. This is what collectors hope to achieve when they get you on the phone. It gives them the edge, so to speak, to control the conversation .. and the person they are calling. It is what many in the business sector would call "fear installation management". If a collector can somehow instill fear into the thoughts of a particular debtor, it will work to the collector's advantage. Historically, this is how they are trained, and also managed by their management figures in many cases. Collectors are under a constant microscope and pressure by their management. It is a cruel and unusual business.
    So, many people avoid answering their telephone as a result of these burdens, and even have their calls screened. These occurrences are most irritating to collectors as you can imagine. They still continue to call, and torment whoever answers though. This is when the collector starts to break the rules as a result of frustration.
    Responding to a collector's call is not easy in many cases because of anxious moments, or fear. The trick to overcoming these burdens is to not allow the collector to control you or the situation, and instead - control the collector - and the conversation. When this is achieved, the collector will usually hang up or start becoming "louder" in the hopes of regaining control. Again, this is where many more rules are broken in a desperate attempt to regain control over you.
    So, when a collector calls you for the very first time, their tones are somewhat "monotone", or "authoritative". They identify themselves, their client, and proceed to set the pace for control. This is where you can over-turn their plan and take advantage.
    When they begin their campaign of questions, they look for answers. They aim to ask questions that eliminate "yes and no" answers because they are trained that if a debtor is asked a direct question, then the answer can be returned as "NO" all of the time.
    A collector will ask questions beginning with "where" "what" "Who" "When" and "why". They avoid asking questions that begin with "is" "do", or "can" because they will likely get a negative response.
    Example:
    "Mr. Jones, I have to update your financial information. Tell me, "Who holds your mortgage?" "Where do you work presently?" How much do you earn weekly/bi-weekly?" "Who is your immediate next of kin?" "What is your telephone number at work?"
    By asking these questions, it pretty much eliminates a debtor from answering "yes and no", and acquiring the appropriate financial data to begin the manipulation, so to speak.
    Example #2: (the power of "WHY")
    "Mr. Jones, why have you not contacted your lending institution to see if you can consolidate?" "Mr. Jones, why have not contacted your bank to arrange financing?" Mr. Jones, why don't you simply utilize the credit available on your visa to pay out your student loan?"
    In these examples, the collector will hear your response, and if they see it as negative, they can manipulate by using many tactics to press you. Legal activity is usually their edge.

    The Collector is suggesting I get another loan to pay off this loan
    Collectors use tactics to "press" you to borrow money for the purpose of paying out your CSL. First of all, pressing a CSL client to obtain a loan from any financial institution, family, friends, employers, etc., is prohibited, especially when such transactions will create further financial hardship. Collectors may suggest that you pay the entire balance, if this is determined possible, and at no risk to the CSL client, or ONLY if the CSL client OFFERS to do so on their own initiative.
    Essentially, collectors are NOT allowed to refuse requests for installment arrangements. Also, collectors are REQUIRED to convey that the HRDC considers installment plans ACCEPTABLE and MUST therefore be ACCEPTED b the 3rd party agency - based on the return of a completed "Financial Questionnaire".
    In most cases, collectors try to further manipulate by not addressing these matters and persistently press you to borrow. Also, in most cases, they tell you to "borrow, or else.. yadda yadda", and to call them back with "proof" that applications have been made, or the name(s) of the lending rep and institution. This is also prohibited by the HRDC per their given directives issued to the 3rd party agency.
    Can I be sued?
    ... Yes, if the circumstances warrant such activity. Anyone can be sued, really. It is redundant to sue if there are no avenues of execution. With CSL, the rules are strict when it involves a "referral for justice". An agency can refer a CSL for justice, providing that all steps have been taken to secure a payment arrangement have been exhausted, and complete non-compliance on behalf of the loan debtor. Will I be sued? The probability is very little for Provincial Student Loans and bank sponsored student loans. Due to the systemic problems that the banks have imposed on some of you, it could be easily argued.. and tossed if it ever had to be heard in a courtroom. For CSL, the chances are greater in the event that complete non-compliance is evident and documented.
    Long Live the Frogs!
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  6. #6
    SDM Optimum Queen Wannabe julie.leeds's Avatar
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    When I was 20 I borrowed about $1000 from Trans Canada Credit...Anyway, at that young age I got fed up with paying for my loan...and got a bit late on a few payments or made a few payments a bit short...Anyway, I was living with some girlfriends at the time but had put down my parents info because that was my previous address...

    long story short, they started calling my parents...at one point my dad got kinda fed up explaining that I was an adult and that I no longer lived with them and that they didn't really have anything to do with me (not true...but he didn't want to have to deal with them) So he told them that "when Julie pays her bills, She puts them all in a hat and pays them as she pulls them out until she has no money left and those are the ones that get paid."

    He asked the person if they understood that and they replied yah,

    Then my dad told them, "well, if you keep calling here I am just going to tell her to take your name right out of the hat!"


    *lol* and they stopped calling for a while and I was good about paying for a while...but then I got bored of paying it again and they started calling my dad again (my dad was retired but my mom was still working so he had they joys of fielding my calls) One time he said "wow, she must really owe you a lot of money for how often you keep calling, If I knew how much she owed you I would pay it just to make my phone stop" and the person on the other end proceeded to tell him how much I owed, My dad said thank you John (or whoever) If you or anyone from your company ever call here again, I will report you for telling me her confidential information."

    and the calls stopped coming. (and my dad gave me the money to pay it off and I owed him instead)

    The worst part wasn't that I didn't have the money, I was just irresponsible.
    Last edited by julie.leeds; Tue, Mar 2nd, 2010 at 10:27 PM.

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  7. #7
    CaLoonie
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    Plus check out on youtube see how debt collectors operate in the states and you'll be shocked and with a lousy economy the debt collection business will be booming for a while

  8. #8
    Smart Canuck mulock's Avatar
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    Have never had a debt collector contact me because I have no debt. I am very good with my money.

  9. #9
    Senior Canuck
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    Boy do I have a story for you all. Last March I changed my phone number. Soon after I did this, I received a phone call from a collection agency looking for the person who USED to have my now current phone number. I told them the situation, that they have the wrong person, etc. They kept calling. And boy can they get nasty. I finally had to threated them with legal action. They never called again.

    THEN another collection agency called, and another, and another, and then another. With a total of about 5 maybe 6 collection agency calling me, I tried to explain to them this was a new number I recently got, and the person you are looking for no longer has this number.

    Yesterday, I received yet another call from another collection agency.
    I can't believe how much financial trouble this person has. He must owe to every instuite out there.

    Moral of the story: Even though it is not me in financial trouble, I got a taste of how collection agencies work, and believe me it is no fun. (kinda stressful too) .They are very rude, and very abrupt.

  10. #10
    CaNewbie
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    I came across this thread in a google search and it seems there is some great wisdom here. I would appreciate any help offerred.

    My situation in a nutshell: I am currently a single father with 3 teenagers. I have been separated for 5 years now and I have struggled financially since then. I had a great credit rating and loads of credit available to me (cards) at the time, and started using it at times to pay bills and to survive, expecting better financial horizons (that have yet to come). I racked up a substantial debt and quickly couldn't keep up with the payments. I had 4 cards go to collection. I have since settled one at $3500 for a $32,000 debt. I settled another at $3000 for a $10,000 debt. I still have one at $30,000 that I have been negotiating (postponing) with the collector for 2 years now and I have a card debt in the US for $14,000. I also owe back property tax, income taxes, 10k on a line of credit and some personal debt to family. Although I have found a better job, I still struggle just to make ends meet most of the time. I cannot claim bankruptcy as it would be my 2nd (the other was 20 yrs ago) and they would go after the equity in my ex's house (as my name is still on title, but the equity belongs to her).

    My questions:
    1. - I have been unsuccessful at settling the $30k debt so far. I have got them down to $7,000, but I cannot come up with the money. I can only come up with $3,000 (borrowing from a relative). They are threatening to sue. I am motivated to get rid of this as it is the worst thing on my report. What is the chance that they will sue, instead of accepting $3k or $4k? And if they do sue, what is the usual outcome of these lawsuits? (I have to admit, they are starting to scare me a little with the thought of lawsuit and being forced to pay the entire $30k).

    2. - Regarding the US debt of $14k. How hard can they come after it in Canada? Will they bother? What should I be saying to them to put them off? At this point I cannot come up with any money to negotiate settlement. Will this show up on my Canadian credit report? Will it cause me any issues traveling to the US?

    3. - I am making monthly payments on my back property taxes to keep them from forclosing and I am trying to find a way to negotiate to reduce the amount of income tax penatlies and interest. Any ideas or info related would be great.

    Thank you in advance to anyone with wisdom or knowledge or links to share!

    ** As well as the advice I am looking for, if anyone can learn from me and what I have gained from the experience of dealing with collection agencies thus far, please don't hesitate to ask. I would not wish this situation on anyone, but once immersed, we do what we have to, to get our heads above water and survive.

    Smiles!
    Joe

  11. #11
    CaLoonie
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    Plus with collections you can give them a small amount of money than the minimum to keep them from suing you and check out www.daveramsey.com he offers great advice on financial peace.

  12. #12
    Sleep Deprived
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    Quote Originally Posted by maggiespice View Post
    Boy do I have a story for you all. Last March I changed my phone number. Soon after I did this, I received a phone call from a collection agency looking for the person who USED to have my now current phone number. I told them the situation, that they have the wrong person, etc. They kept calling. And boy can they get nasty. I finally had to threated them with legal action. They never called again.

    THEN another collection agency called, and another, and another, and then another. With a total of about 5 maybe 6 collection agency calling me, I tried to explain to them this was a new number I recently got, and the person you are looking for no longer has this number.

    Yesterday, I received yet another call from another collection agency.
    I can't believe how much financial trouble this person has. He must owe to every instuite out there.

    Moral of the story: Even though it is not me in financial trouble, I got a taste of how collection agencies work, and believe me it is no fun. (kinda stressful too) .They are very rude, and very abrupt.
    The same thing happened to me when I first moved into my new place. To make things worse, then police were also showing up at my house looking for the previous occupant.

    But I agree, in general, debt collectors will get all rude and intimidating in order to make the you pay up ASAP.

  13. #13
    CaLoonie
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    I agree with everyone about debt collectors and their rude behaviour

  14. #14
    Awake. TaraF's Avatar
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    We had a collection agency call here for someone with the same last name as us but I didn't know them. I kid you not, we told them SEVERAL times we don't know the person and they kept calling, SEVERAL times a day. One day I started freaking out on the person that called and said that I've lived at this SAME address with the SAME phone number for over 20 years and that person has NEVER lived here during that time. The collector on the other end said, "well this is the number I have, so they must live there, you are lieing". LOL I had to go through soooo many supervisors and threaten legal action before they stopped calling.



    Quote Originally Posted by khipson View Post
    They are also not allowed to call you again if you tell them it is not your debt, unless they can prove that it is. Good information for people who get calls for people with a similar name or who used to have your phone number... I know it's their job and all but they drive me crazy with their desperate attempts to track people down. I had to talk to a dozen people before I convinced one company to take me off their call list.

  15. #15
    CaNewbie
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    Quote Originally Posted by Cheapster1977 View Post
    Plus with collections you can give them a small amount of money than the minimum to keep them from suing you and check out www.daveramsey.com he offers great advice on financial peace.

    I <3 Dave Ramsey! He's awesome.

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