How to make collection agencies go away and STAY away:
The global financial crisis has produced a growing legion of aggressive, obnoxious and often incompetent agents, who rarely take the trouble to investigate the actual location of their alleged debtor. Despite repeatedly returned mail and letters advising that the person or business sought does not reside at this address/receive calls at this telephone number, some agents will actually redouble their misguided efforts. How long, one wonders, before the process server, sherriff and/or repo man arrive(s) at the door? Happily, in some jurisdictions, such harassment may be actionable at law, often for money damages. That's right! Hound dog pays you for each oppressive, erroneous communication!
Here's how it works in B.C.:
The Business Practices and Consumer Protection Act provides for the licensing and regulation of debt collectors. Under the statute, the Director of Debt Collection has wide powers to investigate unreasonable practices. For instance, under s. 114, a collector must not communicate with a debtor, a member of the debtor’s family, a relative, a neighbour or the debtor’s employer in a manner or with a frequency as to constitute harassment, which is defined as follows:
a) using threatening, profane, intimidating or coercive language;
b) exerting undue, excessive or unreasonable pressure; and/or
c) publishing or threatening to publish a debtor's failure to pay.
A debtor concerned that there may be a violation of the law should do the following:
a) find out the name of the collector and/or agency;
b) record the exact words or practice followed by the debt collector or the agency; and
c) detail the time and dates of the calls or visits.
With this information, debtor is advised to contact the Practices and Consumer Protection Authority at 1-888-564-9963 for the name of the complaints manager for the collection agency the debtor is dealing with. Complaints manager will work with the debtor to resolve the complaint, including disciplinary action, if appropriate. Please see the Web site, www.bpcpa.ca/Consumers/help/consumers-help-debt-collection.htm for more information:
If the debtor suffered damages or inconvenience as a result of the agency’s collection practices, a Small Claims action may be commenced. LOTS more about all this under Creditors' Remedies and Debtors' Assistance at www.lslap.bc.ca/pdfs/06/10_CreditorsRemediesandDebtorsAssistance.pdf
Finally, if the aggressor is also a lawyer, as she was in our case, you may also wish to lodge a complaint with the law society governing perp's conduct. Here is the e-mail we sent to the Natale law office after a flurry of misaddressed notices. Just look at that long list of complaints recorded by the Better Business Bureau (BBB)! Note that this was our second notice advising Natale of the error:
Sent: Friday, March 06, 2009 7:27 PM
To: lawyer@NataleLawOffices.com
Subject: URGENT! Second notice of incorrect address!
March 5/09
Attention: Deanna Natale
This is now the SECOND TIME! I've written to inform you that Smith has not lived at 1232 Elm St., Skunk's Misery, B.C. for MORE THAN THREE (3) YEARS! What part of that don't you understand?!
I will now submit a complaint regarding your conduct unbecoming in this matter to the law society.
Further to this, I am investigating creditors' remedies legislation for the Ontario equaivalent of a B.C. debt collection law, which provides recourse to me by way of money damages for EACH incident in which a would-be creditor incorrectly asserts a debt. This is now the second incident.
Govern yourself accordingly,
John Smith
Enclosure: Previous e-mail advising of error.
Natale's reply:
From: Natale Law Offices <lawyer@natalelawoffices.com>
Subject: RE: URGENT! Re: xxxxx Vancouver, B.C. - Second Notice!
Date: Monday, March 9, 2009, 1:34 PM
Good morning,
Thank you for your email. Your address was removed on January 12th when your email had been received.Through inadvertence a correspondence was mailed again for which, an apology is made. This email is also to advise you that no further communication will be made directly to you from this office.
Suzanne Morris | Legal Assistant | Natale Law Offices
8133 Warden Ave., Suite 405 | Markham, ON | L6G 1B3
p: 905.413.8545 | f: 866.207.9149 | email: lawyer@natalelawoffices.com
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