Credit Counselling
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Dealing with a Collection Agency

  1. If possible, pay the full amount you owe at once.

  2. If you can’t pay in full, contact the agency in writing (keep a copy of the letter) explaining how much you can afford to repay monthly and begin doing so (keep payment receipts).

  3. Never send cash.

  4. We recommend that you do not send a batch of postdated cheques as they may claim they  have not received them and then start cashing both sets of cheques every month.

The Collection Agency Act Code of Ethics: 

 

A Collection agency:

  1. Must send you written notice of the following:

    • The name of the creditor

    • The balance owing

    • The name of the agency and its authority to demand payment, and wait until the sixth day after mailing before contacting you. 

  2. Must mail a second copy of the written notice to an address provided by you if you did not receive the first notice. 
  3. Cannot contact you if you or your lawyer notify the agency by registered mail to communicate only with your lawyer, and you provide the lawyer’s name, address and telephone number.
  4. Contact only between 7 a.m. and 9 p.m. Monday thru Saturday, between 1 p.m. and 5 p.m. Sundays, and not on a holiday. 
  5. Cannot contact you more than 3 times in a 7 day period without your consent, once the agency has actually spoken with you.
  6. Cannot use threatening, profane, intimidating or coercive language, or use undue, excessive or unreasonable pressure.
  7. Cannot continue to contact you if you have told them that you are not the person they are looking for unless they take reasonable precautions to ensure you are that person.
  8. Cannot give false or misleading information to any person.
  9. Must give you notice if it intends to recommend to a creditor that legal action be commenced against you.

If you believe any of the above regulations have been breached by a collection agency, contact the head of the agency (in writing).  State what you need to have changed regarding the handling of your account. 

 

If you’re still not satisfied, contact the Ministry of Government Services at 1-800-268-1142 and they will issue a complaint form.