Memo Collection Aencies
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1 Nrthwest Cmmunity Legal Clinic Ste Secnd St. S. Kenra, ON P9N 1G4 Phne Fax Mem Cllectin Aencies Frm: Sallie Hunt, Barrister & Slicitr Tuesday, December 20, 2011 What is a Cllectin Agency? A Cllectin Agency is a Business that cllects the payment f mney wed t smene else. The gvernment f Ontari receives mre cmplaints abut Cllectin Agencies than anything else: usually abut rude and harassing phne calls When des a Cllectin Agency becmes invlved? A Cllectin Agency des nt becme invlved unless yu have nt paid a debt t a Creditr. A Creditr is smene yu we mney t. A debt is what is wed plus any interest and smetimes ther fees. The Creditr might be a large retail stre that has its wn Credit Card. Smetimes the retail stre will have its wn Cllectin Agency as well. S the Cllectin Agency may be cnnected with the retail stre. Other times when Creditrs are faced with custmers wh have nt paid their debts, the Creditr will sell the debt fr a discunt t a Cllectin Agency. It is pssible that the same debt may be handled by several different Cllectin Agencies if n payments are made. Each time the debt is sld it is discunted a little mre. 1
2 What shuld yu d if a Cllectin Agency calls? 1. D Nt Ignre the calls likely the Cllectin Agency will nt stp calling. 2. OR it is pssible that the Cllectin Agency can pursue the matter thrugh the Curt System depending n hw much is wed. Talking t a Cllectin Agency 1. Make sure that the debt is a debt that is wed by yu and that the amunt is crrect. Yu can ask the Cllectin Agency t send yu a Statement that shws: Hw much was the riginal debt T whm is the debt wed? Hw much as been paid? Is there any interest? Hw much is still wing? Once a Cllectin Agency is invlved, yu must deal with the Cllectin Agency nt the riginal cmpany/creditr t make payment arrangements. Yu wuld call the riginal cmpany/creditr nly if the amunt f the debt was incrrect. 2. If pssible, arrange t pay the debt in full. If yu are able t pay the debt in full, yu can negtiate a reduced payment. Depending n several factrs, yu may be able t negtiate a substantial reductin: Hw much is wed Hw lng has the debt been utstanding r unpaid Hw many Cllectin Agencies have dealt with the matter. 3. If nt pssible, arrange t pay by instalment. Again, yu may be able t negtiate a reduced amunt r reduced interest If yu d negtiate a reduced amunt, get a written statement that the Cllectin Agency will accept this reduced amunt as Payment in Full fr the utstanding, unpaid debt. Never send CASH. Use cheques r direct bank-t-bank depsits. 2
3 Befre a Cllectin Agency demands payment f yu, it must: Send yu a NOTICE in writing that includes: the Name f the Creditr, the utstanding balance wing, the name f the Cllectin Agency and its authrity t demand payment. Then, the Cllectin Agency must wait fr six (6) days after sending yu a written ntice t demand payment. If yu did nt receive the first Ntice, tell the Cllectin Agency. It must send yu the Ntice again and again wait the six (6) days. What t d if a Cllectin Agency: Yells at yu Is abusive/prfane Calls yu several times a day. Hang Up!! Yu can als Reprt the Cllectin Agency t Cnsumer Services: WEBSITE: ntari.ca/cnsumerprtectin A Cllectin Agency cannt use threatening, prfane, intimidating r cercive language r use excessive r unreasnable pressure. Once a Cllectin Agency has spken t yu, a Cllectin Agency cannt call yu mre than three times in seven (7) days unless yu have said it is kay. What happens if I ignre a Cllectin Agency? Once a debt has gne int Cllectin, yur Credit Rating has gne dwn. And depending n what yu d r dn t d, yur Credit Rating can get wrse. Briefly, Credit Rating means hw gd a risk are yu when smene lends yu mney. 3
4 What d I d if my Financial Prblems are getting ut f hand? Cnsider cntacting a Credit Cunselling Service fr help. The clsest ne in Nrthwest Ontari is in Thunder Bay: Thunder Bay Cunselling Centre (807) Call the Nt-fr-Prfit Credit Cunselling in Canada (905) r g t their web site t find Credit Cunselling Services near yu. Yu can als check the Internet fr ther Nt-fr-Prfit Credit Cunselling Services. Credit Cunselling Services have Debt Management Prgrams Credit Cunselling can lk at yur debts and help yu negtiate reduced payments with creditrs. Credit Cunselling can als get all yur debts int ne payment. Credit Cunselling des cst mney, but if they help get yur finances under cntrl, they can be wrth the cst. Credit Cunselling will nt get invlved nce the Creditr has filed a Statement f Claim in Curt. Smetimes Bankruptcy is a necessary slutin, but yu shuld get financial advice befre yu cnsider whether it is an ptin fr yu. Can a Cllectin Agency take me t Curt? Yes, a Cllectin Agency can take yu t Curt and get a Curt Order r Judgment against yu. Depending n yur situatin, a Judgment will allw a Cllectin Agency t: Garnish yur wages Seize yur bank accunt Seize and sell assets such as yur car Put a lien against any prperty that yu wn, such as yur huse. These prcedures are called Enfrcement f a Judgment. Hwever, yu may be Judgment-Prf. This means that even if the Cllectin Agency tk yu t Curt and gt a Judgment against yu, the Cllectin Agency culd nt enfrce cllectin f the debt because yu are in a special categry. Yu are Judgment Prf if yu d nt wn any prperty and : 4
5 If yu are in receipt f scial assistance Ontari Wrks r ODSP disability benefits, r If yu are in receipt f CPP Disability benefits r Old Age Security If at all pssible, yu want t avid a Cllectin Agency taking yu t Curt. REMEMBER: Yu can als cntact a Cmmunity Legal Clinic fr advice. Once yur debts have gtten ut f cntrl, getting back int financial stability is hard wrk, much like ging n a diet. It is imprtant t have a realistic, lng-term plan, and it is imprtant that yu stick with it. Hwever, being realistic, yu may allw yurself a few cheaters. Peple ften d nt take the time that is necessary t understand their finances. It takes planning t decide which purchases are necessities and which are extras, which purchases are affrdable and which are nt. Unfrtunately, this is nt smething that is taught in schl. A budget can be ne f the mst useful tls t knw where yur mney is ging and it can als help yu set financial pririties. And remember, every time yu use a credit card, yu are taking ut a lan that usually has a high interest rate attached t it. 5
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