TAKE CONTROL WITH COLLECTION AGENCIES. The law will help you get in control of the collect agent's phone call.
Many times when we talk to people who have collection agents hounding them for money, they feel out of scared and out of control. The collection agents call up and start harrassing and threatening people that owe money. What we're trying to do is give the people who owe money (debtors) a more level playing field by explaining what the law actually says about what a collection agency can and cannot do. We hope that if you're armed with this information, you'll be able to control the conversation with the collection agent and get them working for you. You shouldn't ever have to feel like you need to get bullied by a collection agent. If you document everything and have the collection document everything, you'll get control of the situation, (and give yourself some extra time to pay off the debt).

This is a discussion of what Saskatchewan law prohibits collection agents and agencies from doing using the actual legislation. The laws across Canadian provinces are similar, but not exactly the same. This information is for public viewing. We will give the reader our interpretation of the law so that you can better understand your rights when it comes to collection agencies. If you live in a province other than Saskatchewan, please visit your Consumer Protection branch online or call them by phone to receive a free copy of the Collection Agents Act for your province.

The Collection Agents Act of Saskatchewan being Chapter C-15 c. C-15 COLLECTION AGENTS
Unlawful practices 29(1)

No collection agent or collector shall (do the following) :
(a) collect or attempt to collect for a person for whom he acts any moneys in addition to the amount owing by the debtor;
CMA - This simply means that a collector cannot collect any money or thing that is not owed to the original creditor. Makes sense? Every body who is being collected needs to ask for a statement that outlines the exact agreed amount of the debt. If the collection agency is charging interest, you need to ask them where you authorized the collection agency to charge you interest. If they can't prove it, they can't charge you any interest.

(b) make any charge against a person for whom he acts in addition to those contained in the agreement with that person;
CMA - This says that the collection agency cannot ask the debtor for any more non-monetary terms than what is agreed to in the original agreement. This is why is important for the debtor to understand the contract that he signed with the original creditor. The collection agency needs to understand it as well. Bottom line: if it's not agreed to on the contract, you don't have to do it.

(c) send any telegram or make any telephone call, for which the charges are payable by the addressee or the person to whom the call is made, to a debtor for the purpose of demanding payment of a debt;
CMA - This means that the collection agency can't call you collect or make you pay for any communication when they're trying to collect from you. They have to pay for the calls or postage to communicate with you. If a collection agency tries to call you collect, this is unlawful.

(d) enter into any agreement with a person for whom the collection agent acts unless a copy of the form of the agreement is filed with the registrar;
CMA - The collection agency must show all of its agreements with its clients to the registrar. ie. when a creditor hires a collection agency, they sign an agreement as to what the collection is going to do and what they're going to charge the creditor. This contract between the creditor and the collection agency must be filed with the registrar. The registrar is located at your provincial department of justice. Call your local Consumer Protection - Department of Justice - Provincial Government to get a copy of the contract between the creditor and the collection agency.

(e) use any form or form of letter to collect or attempt to collect money from a debtor unless a copy of the form or form of letter is filed with the registrar;
CMA - The collection agency must give a copy of ALL of their collection forms to the registrar office for review. This ensures that all language on the collection letter must be authorized by the Department of Justice. If you get a letter from a collection agency, make sure that it's been properly approved by the government.

(f) use, without lawful authority, any summons, notice, or demand, or other document, expressed in language of the general style or purport of any form used in any court in the province, or printed or written or in the general appearance or format of any such form.
CMA - The collection agency cannot use a document that looks as if it's coming from a court of any type unless they've gotten proper authority from a governing body. ie... The collection agency can't try to scare you by making it look like they're going to sue you. Once again, if you get any documentation from a collection agency, you should have it reviewed by the department of justice - consumer protection.

(g) make telephone calls or personal calls of such nature or with such frequency as to constitute harassment of the debtor, his spouse or any member of his family;
CMA - This is one that usually gets the collection agencies in trouble. My definition of a collection call is a nice polite call from a collection agent that politely explains what you owe. They should be helpful and understanding. If they're not acting appropriately, please document the phone call and complain to consumer protection and the better business bureau. It's important to note that because this paragraph is so vague, it is up to you to determine if the collection agency is harrassing you. You must complain about this in writing to the authorities. If it is in writing, the collection agency and government must respond. If enough people complain to the proper authorities, the collection agencies will get the message.

(h) make telephone calls or personal calls for the purpose of demanding payment of a debt:
   (i) on a Sunday;
   (ii) on a holiday; or
   (iii) on any other day except between the hours of eight o'clock in the forenoon and nine o'clock in the afternoon;
CMA - This paragraph talks about the hours in which they CANNOT contact you. If they contact at any time outside of these hours, you have the right to complain and have the collection agent and agency punished. This is another great item to complain about. Make sure you document all times of all calls from collection agents. If they call you one minute before the regulated time, they're breaking the law and could be fined for it. The more diligent you are with your documentation, the better developed your complaint will be.

(i) give, by implication, inference or statement, directly or indirectly, any false information to any person that may be detrimental to a debtor, his spouse or any member of his family;
CMA - The collection agent can't tell information about you, that will harm you in any way, to anybody else. ie... if you get fired because of a collector calling your boss, the collection agency is breaking the law. If one of your relationships suffers because of something that a collector says to them, you need to complain about it. A collection agent should never talk to any else about your debt except for you. there are some exceptions to this. Any conversation between a collection agent and any other person that talks about your credit situation must be done in a professional manner and prescribe to all federal and provincial privacy laws. If you find out that the collection agency was talking to somebody about you, I would make sure you get that conversation documented by the two parties involved.

(j) give, or threaten to give, by implication, inference or statement, directly or indirectly, to the person who employs a debtor, his spouse or any member of his family information that may adversely affect the employment or employment opportunities of the debtor, his spouse or any member of his family;
CMA - As in (i), the collector cannot say anything or do anything that would affect the employment of you, your spouse, or any member of your family. Even if a collector threatens to "get you fired" you need to document that conversation and submit it to Consumer Protection office. Most collection calls are verbal. You need to document them. The better you document them, the better chance you'll have of stopping the collection agent from threatening you any further.

(k) make a demand by telephone, by personal call or by writing for payment of an account without indicating the name of the creditor with whom the account was incurred, the balance of the account and the identity and authority of the person making the demand;
CMA - The collection agent must give you above details details of the collection transaction. They can't call up and ask for payment of money without first letting you know the details of the call. This allows you to confirm the transaction before you proceed any further with the collection agent. It's important to note that you should contact the original creditor company in writing to verify the information in this paragraph. Don't get bullied into talking to a collector unless you get all of this information in writing by the original creditor. The collection agency shouldn't expect you to talk to them unless you've properly verified this information. The premise of the paragraph is that you need to confirm who the creditor is and its employee and that they have proper authorization to hire a collection agent to collect from you.

(l) make telephone calls or personal calls of such nature or with such frequency as to constitute harassment of any person in an effort to determine the present whereabouts of the debtor, his spouse or any member of his family; or
CMA - The collection agent cannot harrass other people while trying to identity your contact information. Even though it may be embarrassing, you should notify people who the collection agent might contact to find your location. They need to document these phone calls and keep a mental note of what the collector says. Ideally, if the collector calls someone looking for you, they should ask once for your contact information and then accept the answer they get from your contact. Any more calls than that is harrassment, in my opinion.

(m) commence or continue an action for the recovery of a debt in the name of the collection agent or collector as plaintiff unless such debt has been assigned to the collection agent or collector, as the case may be, in good faith by instrument in writing for valuable consideration and notice of such assignment has been given to the debtor.
CMA - A collection agency cannot not sue you if they do not have contractual right to do so. They can't threaten to sue you. If in the original contract, you did not authorize the creditor to 'transfer' or 'assign rights' of that contract to another party, only the creditor can sue you. If you DID authorize a transfer of rights to another party, you need to verify that that "transfer of rights" actually took place in a legal format that is authorized by the Department of Justice. Just because a collection agency says that they have a valid 'transfer of rights agreement' in place, don't believe them. Make sure you get a government agency to validate in writing that transfer of rights agreement between the collection agency and the original creditor is legal and valid and timely.

(2) Notwithstanding any agreement to the contrary between a debtor and a creditor, any costs incurred by a collection agent or by the creditor in employing a collection agent to collect the debt shall be deemed not to be a part of the amount owing by the debtor and shall not be recoverable by the creditor or by the collection agent acting on behalf of the creditor.
CMA - The collection agency must survive on the profit it makes from collecting. They can't charge the debtor, for example, if the collector works overtime to collect your case. They can't charge you if they use expensive long distance or investigative services. All of the collection agencies fees must be included in the contract with the creditor. You need to verify in writing that the collection agent is not charging you any extra money.

Disclaimer: the writer is not a lawyer, but does have some experience in dealing with the law with regards to collection agencies. We strongly advise that you contact your local Department of Justice - Consumer Protection to clarify and confirm any of the above discussion. The above interpretation of the The Collection Agents Act of Saskatchewan being Chapter C-15 is to help the reader get a start to understanding their rights with regards to dealing with collection agents and collection agencies.