Hi,
I now see this post is pretty old, but figured I'll give it a try. I've had a similar experience obtaining proper credit information and I was wondering how would this affect my counterparty risk analysis if I want to change banks. I added a link to clarify what I mean by counterparty risk.
Thanks in advance for your answers,
Stacey

I would send a message to Ottawa chap on here and he would be the one that could assist you better on this issue.

As they had taken over 3 months to respond to my letter.

I made a complaint to the "Compliance Officer" @ The "Office of the Ontario Registrar of Collection Agencies".

Since then, I have only received a copy of the Loan Contract from TD.

None of the other things I have requested have been provided.

I tried calling to request the rest, however, they always say the person I deal with is in a meeting, or busy, or so on...

Everytime I speak with them, they ask me for a number they can call me back at.

I always respond with:

"NONE, as requested in my document, all communication is to be completed in writing via registered mail. I will call back when capable."

Now that they have sent photocopies of the contract in question, where to from there?

Do I hold out for the rest I requested?
Do I try to wait out the next 3 weeks remaining in the 2 year period?

If you don't get a reply, then I would complain to the Office of the Privacy Commissioner of Canada. I bet the collection agency won't jerk them around.

average_joe:

Thank you for the information.

Unfortunately, I have already sent a different letter, via FedEx, which I obtained an electronic return receipt for. This diplayed the time as well as the name of the person whom received it.

(Please see below.)

=================================

(My Name / Address Goes Here)

(Collection Agency Address Goes Here)

Attention: Relevant Contact

Phone: (800) 555-5555 ext. 555 / (800) 555-5555
Fax: (800) 555-5555

(Today's Date Goes Here)

Re: NRT # XXXXXXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me (My Name Goes Here) on (Day, Month 00, YYYY.)

Be advised that this is not a refusal to pay, but a notice sent pursuant to the Collection Agencies Act - R.R.O. 1990, Reg. 74. Also; R.S.O. 1990, c. C.14, s. 29.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title(s) and Section(s).

I respectfully request that your office(s) provide me with competent evidence that I have any legal obligation to provide payment to “Collection Agency Name Goes Here”, in accordance with the noted reference.

Please provide the following:

i) What the money you say I owe is for.
ii) Explain and show me how you calculated what you say I owe.

iii) Provide me with copies of any documentation indicating I agreed to pay what you say I owe.

iv) Provide a verification and/or copy of any judgment if applicable.

v) Identify the original creditor.

vi) Prove the Statute of Limitations has not expired on this claim/account.

vii) Provide proof that you are licensed to collect in my state.

viii) Provide me with your License numbers and Registered Agent.

If your office(s) are able to provide the proper documentation as requested in the following Declaration, I will require minimum, 30 days, in order to investigate the information provided. During such time all collection activity must cease and desist.

Please be advised, during this validation period, if any action is taken which could be considered detrimental to any of my credit information, I will consult with legal counsel for suit.

This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your office(s) fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your office(s) to my home or to my place of employment. If your office(s) attempt telephone communication with me, including but not limited to computer generated calls and/or calls/correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by Certified Mail only.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct and/or verify your records; any information obtained shall be used for that purpose.

Regards,

Signature Here
---------------------------------
Name Printed Here

=================================

I am aware that this may not have been as efficient as the letter you have mentioned, however, I have not received any phone calls since...

In regards to waiting for them to obtain a judgement, any advice? also, if the bank gave notarized evidence to the collection agency, is it illegal as per any/all privacy acts?

Please advise.

Thanks.

Here is a sample pipeda letter that Ottawa Chap put up for members. If you make a few small changes to the letter and send it off to the creditor or collection agency, you will get their attention. If Ottawa chap sees your post he will be able to give additional information on how to handle this matter.If you send this letter off, make sure you send it off by registered mail for proof.
_____________________________________________________________
Date

In regards to: Account #

Privacy Officer's Name
Company Name
Compliance Dept.

Address
City, Province
Postal Code

Dear 'Privacy Officer',

I am writing you in connection with the above-noted account.

This letter will confirm that, under the Personal Information Protection and Electronic Documents Act (PIPEDA), I wish to obtain a copy of all records containing my personal information.

More specifically, I am requesting copies of the following records:

Any recorded telephone conversations with respect to my account involving employees of Capital 1 , and/or the company’s affiliates (i.e. 3rd party agencies);

The contents of your electronic file on my above-noted account, including but not limited to the note lines;

The contents of any hard copy file in connection with the above-noted account;

Outgoing correspondence with respect to my file including any documents sent by regular mail, courier, facsimile (including fax cover sheets) or e-mail;

Incoming correspondence with respect to my file including any documents received by regular mail, courier, facsimile or e-mail;

All contracts that contain my signature;

Any credit reports in your possession.

I understand that under PIPEDA, you have 30 days from the date you receive this letter to provide me with any records containing my personal information, except where you satisfy the conditions for a 30-day extension, in which case you have 60 days from the date of receiving this letter to provide me with copies of the requested personal information.

Regards,

[Signed]

Your Name

cc: Office of the Privacy Commissioner of Canada

[End]

Note: You do not necessarily have to cc the Privacy Commissioner; FTR: I didn't... This just adds that extra element of seriousness to the letter.

Average_Joe,
I have mentioned to them that I experienced a car accident a while back and had suffered head trauma.

I also lost many pieces of identification during this incident.

I have continously explained to CRMC that I am simply requesting validation on this claim, so that if it IS mine, I may proceed with making payments.

------------------------------------------------------
The letter stated as follows:
------------------------------------------------------
"This letter is being sent to you in response to a notice sent to me "pleasehelp" on "date goes here". Be advised that this is not a refusal to pay, but a notice sent pursuant to the Collection Agencies Act - R.R.O. 1990, Reg. 74. Also; R.S.O. 1990, c. C.14, s. 29.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title(s) and Section(s).

------------------------------------------------------

I have also requested that they provide me with 30 days to investigate after receiving the evidence.

Do you agree with the noted payment? The statute of limitation on debt in Ontario is two years, unless you acknowledge the debt in writing within that period to reset the clock.

Thank you average_joe.

The last noted payment (according to the agency) was in December of 2007.

I reside in Ontario.

When was the last time you made a payment on this account? What province do you live in?