See section 8(1)(d)(vi) of the Consumer Reporting Act of Ontario. With Deanna Natale's (old?) connection to the Ministry of Consumer Protection and Brian Pitkin, the Registrar of Collection Agencies in Ontario, being an ex bailiff officer and speaker at creditor banquets, maybe we should call it the Creditor Protection Act.
It pretty well entitles anyone who has paid their credit bureau dues to acess and submit whatever info they want about you. Remember, credit reporting is big business. See my Reuters post about how the CEO of Equifax USA, Robert F. Smith, "earns" over $8,000,000 a year and the head of Equifax Canada used to be the head of iQor, Inc formerly CBCL - Canadian Bonded Credit Limited - Now Iqor Collection Agency Collections.
Sections 13 and 14 of the Act deal with how to tie them up in tribunal hearings, a tactic that will only work under certain circumstances.
Often, the best way to correct wrong information on your credit report is to harangue the creditor until they fix it. Every delinquent debt involves 2 separate problems (or 3 if you include the moral): (1) potential legal and (2) potential negative credit reporting consequences. In your case, I was 99% certain they wouldn't take you to court, but uncertain whether they report to the bureaus. OK, apparently, they do as a means of blackmailing people into paying.
With regard to the first, legally, there isn't much to worry about, but the second (negative credit reporting) can be more troublesome. The problem is this: due to outrageous and slack rules (mis)governing payday loan companies, you probably still owe them some money, legally. The only restriction on these shysters is the 60% annual interest rate limit, so called the "usury cap.
The problem is that legally, you still have an outstanding debt with them. And doubtlessly, they've ballooned the previously inflated amount even more by now. If you decide to dispute, you'll have to decide on what basis.
Will you dispute the amount they claim you owe or that you even owe anything? You need to decide because the 2 bureaus will call the contact number or person they deal with at Cash Money. Their rep will give them some account info concerning payment dates and amounts and the bureaus will create a written file with a dedicated dispute file number. Further, no matter what rubbish, the creditor reports, the bureaus will accept it as solemn truth and likely send you back a boilerplate notice that the information on your file was verified to be accurate as is. Calling "Dave" at Cash Money? That's supposed to be verification?
And such nonsense is just what the bureaus get away with despite officious denials to the contrary. The reason is that it would cost them too much to properly investigate a dispute. Disputes for a credit bureau are nuisances and an unfortunate cost of doing business. Something that generates no profit needs to be gotten rid of asap as cheaply as possible. Anybody disagree?
That's the practical or logistical problem incurred when you don't have any account statements or other evidence to back you up. When that happens, often, all is still not lost. The debtor can and should harangue the creditor to correct the information that they've sent to the bureaus. Initially, they'll will get rid of you, but as Total Credit Recovery's motto states "persistence wears down resistance." If you persist (be a pest) long enough and forcefully enough with any creditor, it's amazing the results that sometimes obtain, as any collection agent will attest.
I wish I could be more exact, but this stuff, like stock investing, is as much art and psychology as science. Unfortunately, unlike the US, we don't have the legal recourses in Canada that blogger "Tankboot2" (Duane "Ahab" Davis ) was parading last month to tie credit bureaus and creditors up in court. The Consumer Protection Act of Ontario (which ought to be called The Creditor Protection Act of Ontario) is all we have to work with. And when one doesn't have much to work with, one must be resourceful.
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http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c33_e.htm#BK10
To whom credit reports on individuals may be given
8. (1) No consumer reporting agency and no officer or employee thereof shall knowingly furnish any information from the files of the consumer reporting agency except,
(a) in response to the order of a court having jurisdiction to issue such an order;
(b) in accordance with the written instructions of the consumer to whom the information relates;
(c) in response to an order or direction made under this Act; or
(d) in a consumer report given to a person who it has reason to believe,
(i) intends to use the information in connection with the extension of credit to or the purchase or collection of a debt of the consumer to whom the information pertains,
(ii) intends to use the information in connection with the entering into or renewal of a tenancy agreement,
(iii) intends to use the information for employment purposes,
(iv) intends to use the information in connection with the underwriting of insurance involving the consumer,
(v) intends to use the information to determine the consumer’s eligibility for any matter under a statute or regulation where the information is relevant to the requirement prescribed by law,
(vi) otherwise has a direct business need for the information in connection with a business or credit transaction involving the consumer, or
(vii) intends to use the information for the purpose of up-dating the information in a consumer report previously given to the person for one of the reasons referred to in subclauses (i) to (vi). R.S.O. 1990, c. C.33, s. 8 (1); 1997, c. 24, s. 210.
Idem
Ray