Hello Mary and Monty.... This is my 2nd post but the first seems to have gotten lost in outer space somewhere.
I've been a
consumer advocate for over two decades and have caused much grief to collectors over the years due to their incompetent understanding generally, or perhaps better steted, lack of interest in the laws of the land.
I've also been published over 1000 times helping readers sort out bureacratic injustices..many at the consumer..and collector/creditor level.
I'll attempt to adress Mary's problem.
I have read all of the posts on the "assignment" issue going back to Nov 15th.
Here's my input.
I know of no law that requires a creditor to get permission from a debtor, in writing or otherwise, prior to, during or after the LEGAL assignment of debts..ie the selling of the debt, and the right to collect on that debt, including taking matters to the courts. Any words on application forms..or lack of them are doubtfully a bar from their selling off these rights to third parties.
Years ago there was a
Assignment of Debts Act in NS that required certain formalities, but unknown if it is still in force. Other provinces may have similar legislation. None can be found in BC.
But my recollection of assignment matters mearly requires the new creditor..ie the collection agency to tell you... in writing..within a given period of time that they now hold the assignment, and thus, for you to now make payments to them and not the original creditor.
If the
LEGAL assignment of debt has been made, the original creditor drops out of the picture and no longer has any interest, pardon the pun, in your debt with them. It is now the problem of the collector.
Having said that, there are two important things to remember. Are there laws in your province that need to be consulted. And was there really an assignment.
I've had dealings with one collection agency that attempted to BS me with assignments by saying they had one and then went on to say that they have been instructed by the creditor to do blah blah blah.
If an assignment was held by the collector, the creditor no longer has a right to give any instruction whatsoever.
If claims of having an assignment are untrue, consult your provincial legistaion to ssee what it says about collectors giving false information and file complaints with the appropriate authorities.
An issue has also been raised about the exchange of info and the relatively new federal legislation. I would suggest that that legislation aside, most debtors have already filled out credit application forms and in them..regardless of the size of the print, they have already given permission to the creditor to exchange this info..incluing phone numbers etc..to the collectors or most others having a bonafide need to have the info.
The collector is more often than not acting as an agent of the creditor and it is also important to keep in mind that any action you chose to take against offending collectors also apply to their employer...the creditor.
hope this helps.
post very specific questions and I'll attempt to answer them.
I am very familiar with
BC collection law and welcome any questions re antics out west.
The Debt Advocate
