Collection Agencies - cease and desist letter - Canada

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RE: cease and desist letter

Postby nameuser » Tue Feb 16, 2010 10:24:06 PM

And you can send it in writing free via fax online. And receive a confirmation receipt to your e-mail address :)

Faxzero is the one I've told others to use but their are a lot of free online fax sites you can use instead of sending an actual letter in writing.
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RE: cease and desist letter

Postby average_joe » Thu Feb 11, 2010 09:53:14 AM

Thanks and well written.
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RE: cease and desist letter

Postby Millie P » Thu Feb 11, 2010 09:29:42 AM

No. That section is with respect to calling cellphones or calling collect. It doesn't apply to your home phone even though you do pay for it the legislation means phones for which you pay for with usage.

The reason we can't find it in the Act is because it isn't in there. It is actually part of a list of prohibited practices.

http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/ca01786.html

-------------
February 11, 2010

Collection Agency

Attn: Collection Agent

Collection Agency's Address

Re: Account No: 123456789

Dear Collection Agent:

Canada's Office of Consumer Affairs has published a Harmonized List of Prohibited Collection Practices, revised April 25, 2003 that states no collection agency shall continue to communicate with a debtor other than in writing, when the debtor has notified the collection agency in writing to communicate in writing only and has provided an address at which the debtor may be contacted.

Please accept this as notice that pursuant to item12.1 of the Harmonized List of Prohibted Collection Practices that you cease all further telephone communication with friend's name regarding the collection of this debt. All future communication should be directed to friend's name through written correspondence only at the following address.

Friend's Address

Your failure to honor this request may constitute a violation of the Collection Agencies Act and you are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Registrar.

Regards

sign
Friend's name

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RE: cease and desist letter

Postby average_joe » Thu Feb 11, 2010 08:09:00 AM

I looked over the section you mentioned and that would apply if the calls are non stop and demanding for payment. If you decide to make up a cease and desist letter, please forward me a copy if you don't mind.

Thanking you in advance.
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RE: cease and desist letter

Postby average_joe » Thu Feb 11, 2010 08:00:31 AM

Thanks.

Nova Scotia: Paragraph 20(1)(d) of the Nova Scotia Collection Agencies Act
No collection agency or collector shall

(d) send any telegram or make any telephone call, for which the charges are payable by the addressee or the person to whom the call is made, to a debtor for the purpose of demanding payment of a debt;

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RE: cease and desist letter

Postby Millie P » Thu Feb 11, 2010 07:54:54 AM

I was going to quickly draft one but unfortunately I can't find anything in the Nova Scotia Collection Agencies Act that allows for a cease and desist letter unless you have legal representation.

The closest would be s.20(1)(j) which would allow for a request in the frequency of calls if the current number is excessive.
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cease and desist letter

Postby average_joe » Thu Feb 11, 2010 07:25:15 AM


I have a friend that lives in Nova Scotia that is getting non stop calls from a collection agecny.Does anyone have a cease and desist sample letter that I could use?

Thanking you in advance.

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