You Have Rights! Stop Creditor Harassment

It happens to the best of us. We forget to pay a few bills, or fall on hard times and then the phone starts to ring. For some people, those phone calls become a regular occurrence even after they have made payment arrangements. Creditor harassment is out there, but fortunately laws exist in every province to protect those who are trying to pay their debts. Although most of the laws are the same or similar across the country, each province has its own act.

All of the provincially-governed fair debt collection laws state:

• Collectors or collection agencies must clearly identify themselves when they contact you.
• You may be contacted by phone, fax or mail.
• The collector must be always courteous.
• Voice mail, email or fax can not be used in a way to embarrass or humiliate you.
• You may not be contacted at unreasonable times such as early morning or late in the evening. Each province outlines specific time frames that are defined as "unreasonable."
• A collector can contact you at work unless you have provided specific instructions not to. Doing this in writing is recommended, as verbal communication is undocumented and easily ignored.
• Your employer can be contacted by the creditor only to validate your employment status and pay periods.
• No creditor can share your financial situation with anyone except only those who signed on the debt, or those you have assigned authority to deal with the situation.

When communicating with a creditor or a collection agency, log the date, the time, and the name of the person you spoke with. Ask if you have been assigned a case or file number, and write it down too. Should you need this information down the road, you'll be glad you kept a journal.

Legislation that governs collectors and collections agencies

• British Columbia: Business Practices and Consumer Protection Act
• Alberta: Collection and Debt Repayment Practices Regulation
• Saskatchewan: Collection Agents Act
• Manitoba: Consumer Protection Act
• Ontario: Collection Agencies Act
• Quebec: Act Respecting the Collection of Certain Debts
• New Brunswick: Collection Agencies Act
• Nova Scotia: Collection Agencies Act
• Prince Edward Island: Collection Agencies Act
• Newfoundland and Labrador: Collections Act
• Yukon: Yukon Consumers Protection Act
• Northwest Territories: Northwest Territories Consumer Protection Act
• Nunavut: Consumer Protection Act

If You Feel You Don't Owe Money

If you truly believe you do not owe money, then be sure to obtain all the information you possibly can from the creditor or collection agency. You may be the victim of fraud, but the onus is on you to clear your name. A good starting point to get assistance with this or with credit problems in general is through Credit Counselling Canada.

If you feel you're being harassed by a creditor or collection agency, stand up for your rights and file a complaint to the appropriate provincial or territory link or e-mail address. In Quebec, residents must call the toll-free line. 

• British Columbia
• Alberta
• Saskatchewan
• Manitoba
• Ontario
• Quebec (888-672-2556)
• New Brunswick
• Nova Scotia
• Prince Edward Island
• Newfoundland and Labrador
• Yukon  
• Northwest Territories 
  
• Nunavut