Dealing with debt can be a daunting experience, especially when you receive numerous calls and letters from debt collectors. It is not uncommon for debtors to wait until the calls become too numerous to deal with before they start addressing their debt problems. However, what many debtors do not realize is that collection agencies have many secret tricks to track them down, and the key to finding debtors is having readily available and accurate information. In today’s age of technology and the internet, there is an abundance of information available online, making it easy for creditors to track debtors down.
Digital Bread Crumbs
In a discussion with collection agency servicing Canada I had it explained to me that collection agents have access to a “ridiculous amount of data.” In today’s world, everything we do online, from browsing on Google to using social media, leaves a trail that can be used to track us down. Personal information that we provide on Twitter, Facebook, LinkedIn, credit card applications, online purchases, and employment applications are all available online to anyone who is looking for it.
Collection agents no longer have to flip through index cards and telephone books to find ways to contact debtors. They can now search databases like the Canada Post National Change of Address Database or Canada 411 and pull a full credit bureau on an individual over the computer. They can even use social media to find you. However, there are laws that protect your privacy, and collection agents are not allowed to use certain methods to track you down.
Not all data is current or accurate, and collection agents can only go by the information that they have been given. The data that a collection agency gathers is from the original creditor’s logs, and agents will assume that the information is correct until proven otherwise. If an agent has the wrong information, they will search for new data by following leads provided by the original creditor, such as your birth date, social insurance number, driver’s license number, and employer in an attempt to reach you. Once they have the correct information, they will update your file with the “best known data.”
Permanent Debt Solutions
If you are tired of hiding or concerned about your creditors finding you, it may be time to take action by filing a personal bankruptcy or consumer proposal. Both options offer creditor protection in Canada, which means that your creditors must stop calling you or garnishing your wages by law. A licensed insolvency trustee can help you understand the options available to you and guide you through the process.
In British Columbia, there are laws and regulations in place that protect debtors from harassment and unfair practices by debt collectors. The British Columbia Collection and Debt Settlement Services Act sets out the rules that debt collectors must follow, including not using misleading or intimidating tactics, not contacting debtors at unreasonable times or in a manner that is harassing, and not using abusive or threatening language. Debt collectors must also identify themselves and the creditor they are representing when contacting debtors and provide accurate information about the debt they are collecting.
Know Your Rights
If you are being harassed by debt collectors, it is important to know your rights and take action to protect yourself. You can send a cease and desist letter to the collection agency, which will require them to stop contacting you except for specific reasons outlined in the letter, such as to inform you of legal action. You can also file a complaint with the Consumer Protection BC or the British Columbia Registrar of Collection Agencies.
In conclusion, while collection agencies have many secret tricks to find debtors, it is important to remember that there are laws and regulations in place to protect debtors from harassment and unfair practices. If you are struggling with debt, it is important to take action and seek help from a licensed insolvency trustee who can guide you through the process and help you find a solution that work.
As outlined by Consumer Protection B.C
Getting calls from collection agencies can be scary, and stressful! If you want to handle collections calls, it is important to know what your rights are, and what debt collectors are permitted to do. The Business Practices and Consumer Protection Act, as put forth by Consumer Protection B.C, is a set of guidelines designed to keep you safe!
Here are a few key rules to keep in mind when collectors call:
When a debt collector calls, confirm that the call is from a creditor you actually owe. Be aware that there are phone scams out there which use scare tactics to steal from you.
Are debt collectors allowed to contact me?
Debt collectors are allowed to contact you about owed debts, but only once the debt is due and payable.
Can I ask the debt collector anything?
You have a right to receive information about your debt! Creditors are required to send you a letter with the details of your debt. Make sure to request communication in writing to keep for your record. This will come in handy for legal issues.
When can a debt collector call?
Between 7am to 9pm Monday to Saturday
Between 1pm and 5pm Sundays
They cannot call on statutory holidays
Can I get a debt collector to stop calling me?
You can fill out a form to request contact in writing only using the “request communication in writing only” found on the consumer BC website.
How do I stop being contacted about somebody else’s debt?
Use the “Stop the calls because you are not the debtor” form found on the consumer BC website.
Can a debt collector call my employer?
Yes, only to confirm your employment, position, email address and business address. Any other information must first be authorized by you in writing. They can also call once to collect the debt if they fail to reach you at home.
Can a debt collector call my family and acquaintances?
Yes, but only to find out your home address, phone number or email.
They cannot contact others with the intent to humiliate or threaten you.
