Yesm thanks for that joe. I thought I emailed you back but just went into my account and it looks like it didn't go through....anyhow, my head is spinning.

I sent you the sample pipeda letter and you should refine it and send it off to the collection agency and also send a copy to the Office of the Privacy Commissioner of Canada.

I might have to resort to that. Would you happen to remember who this member was? I find it odd that it's a decor company in Alberta. It sounds unique.

It's either fraud or a mistaken name.

Also, does this exception in the Act mean that they aren't required to provide me with validation, either?

WTF! They could be crooks and I have no right to find out if they're legit? I'm ready to faint....

Marquisse,

I believe another member was experiencing the same problem with a home décor company out of Alberta. It sounds like they mistaken you for someone else but you should get to the bottom of it because this item is in your credit file. Do you have a lawyer friend that could handle this matter on your behalf?

Cheers

Well, so far they've been abiding by my cease and desist and have not been calling me. They have not provided me with validation and according to the Ministry, they have to do this. They may have been BSing about buying the debt. If I find out WHO I supposedly incurred this debt with, I can contact them. I can't even do that right now. And....since it's over $2k, I'd remember spending that amount!!!

I know nobody in Alberta. So, we'll wait and see. As soon (or if) they provide me with validation I can investigate but if they don't provide it to me and then continue to harass me, I am going to involve the ministry and the registrar regardless and I will involve the credit bureaus. I will also sue. I can't know what the heck they want me for if they don't provide their evidence, and they will have to do it if I file a claim because they'd need to provide it for disclosure.

The first two things I would think is either they have the wrong person -- someone with similar / identical name or failing that someone pretended to be you and so who do you know in Alberta.

This isn't my area of law but yes my understanding is that once they cease to be a collection agency acting as an agent all the rules about contact go out the window. That doesn't mean they can do anything though. The Criminal Code still applies to them and there are harassment laws in there but the harassment has to be pretty bad. There is also likely some form of civil action based on harassment but that would put the onus on you to act.

I'd go with just call screening until they get bored and leave you alone.

I would record their calls without their knowledge for proof.

Let me clarify. It is an Ontario C/A with whom I have had contact and they listed the "former" primary creditor as a company in Alberta that I have had no dealings with personally. This was a home decor company I do not know.

They said in their first letter to me that they bought the debt from this decor company. I haven't any idea if this is true.

I have requested validation. I told them if I did not get it within 30 days but continued to be contacted by them demanding payment, I would consider it harassment.

Are you saying that they can legally harass me now and neglect to provide me with validation, and that they can call me despite my cease and desist?

Where is this in the Act? I can't find it and I'm frustrated now because this has just thrown me for a loop.

That was my understanding as well. They are not governed by the act when it comes to collection tactics (rules related to contact) but that they were still subject to the Act when it comes to certain things like reporting false information to Equifax. This is so outside my area though that I am just guessing but I am pretty sure that Pitkin is very limited in what he can do to collection agencies that buy debt.

Also the Collections Act is provincial legislation and the scenario here seems to involve an Alberta collection agency. Alberta has their own collections act I believe.

Okay, didn't find anything in the Act that led me to affirm that collection agencies, by purchasing the debt and therefore becoming the primary creditor, are no longer governed by the Collection Agencies Act, but I did find a lot of info on this site about it. Apparently they are still governed by it but they are no longer agents of the primary creditor but have become primary creditors. I am going to call the ministry.....

So, what exactly is the Collection Agencies Act for? What can a consumer turn to when they are being strongarmed by a company that follows no law? Is it straight to Small Claims Court, or what?