What Are My Debt Collection Rights?
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If you owe debt in Canada you may be contacted by a Federally Regulated Financial Institution (FRFI) looking for collection of the debt you owe.
If one of these FRFIs, or one of their agents acting on their behalf, contact you then it is important to be aware that you have certain debt collection rights in the method in which the institution can collect debt from you.
What are my debt collection rights – Collectors are prevented from :
• Using language that is threatening, harassing or insulting language;
• Using language or other tactics that put immoderate or undue pressure on you for debt repayment;
• Giving you a false or misleading representation of the situation in a way to put pressure on you to repay the debt;
• Charging you any fees for collection (you will still be charged for any legal fees or non-sufficient fund charges);
• Contacting you on holidays, Sundays except between 1 and 5 PM, and any other day before 7 AM in the morning or after 9PM;
• Calling on your cellphone unless that was the number you have provided as your only contact number;
• Contacting your friends, relatives, neighbours or your employer unless:
• They co-signed your loan;
• You have given your consent in writing to the financial institution;
• Your employer is asked for proof of your employment.
What are my Debt Collection Rights for Dealing With Debt Collectors?
Yes, it is possible that you ask that the FRFI only contacts you through writing, or even through your personal legal advisor.
You must send this request directly to the institution by registered mail.
You must include your address or the address and phone number of your legal advisor with your letter.
If you feel your rights are being abused you can contact FCAC.