by jaidensmum » Fri Dec 05, 2008 08:16:56 AM
If you read the laws set out for the collection agencies, if I'm not mistaken, they cannot harass family member nor discuss your matters with them UNLESS you authorize a specific person (3rd party) - this must be done in writing only. I'm going to assume that this is not the case. Perhaps it would be best to read up on the laws for these companies, PLUS contact Consumer Affairs. Know your rights & the laws FIRST. I would strongly suggest calling this company MJR and trying to settle this.
My husband is dealing with stat-bar, and mistaken identity or even false accounts with Aktive Kapital right now. He's gotten our MPP's office involved to help him. After months of dealing with these people he finally got some useful information today; one acct is over 11yrs old - last activity (payment of $90.00) was in 1997, the other acct has no information at all. That one is with TD Canada Trust - who has NO RECORD AT ALL of my husband ever doing business with them up till this year when he took some car/bike insurance out. Sadly, my husband has a very common name (first & last).
Also, one lady discussed all of the account information with me just because I'm his common-law. My husband did NOT write a letter of permission to discuss anything with me.
My husband has done A LOT of reading up on this and he said that it states for EACH account of false information, the agency must pay a "fine" of $1000.00. I do believe that that is only in the event that it goes to court though. Also, if you tell these people to STOP calling - ONLY correspond through mail, they HAVE to oblige by that or it is considered harassment. You must speak with them first.
Activ Kapital is one mickey mouse company. I called the Ombudsman Ontario place earlier this week, and the lady there told me that this company is no longer registered as a 3rd party collection, which means they no longer collect on behalf of a client. They are purchasing the accounts and collection on behalf of themselves. AND because they are not 3rd party, basically the rules don't apply to them, HOWEVER they do HAVE to abide by certain rules and regulations.
You have to be careful with these companies. My husband has been fighting with them over a few accounts for a few years now. One was wiped off his credit report because of lack of information (all they had was a first/last name). My husband has demanded to see his signature on these two accounts he's fighting now to prove they are his and they told him the only way they'd produce that is if it went to court (does this signify that they DO have his signature on some sort of contract??). He said, "then take me to court because you will NOT win!!" He was told to send them an affidavit stating these accounts are not his. Why he has not, I don't know but he's still fighting with them and they are ruining his credit score which he has fought for very hard to get back up to par.
Anyone else deal with this company and or any company with a similar situation??
Julie