Collection Agencies - CBV Telus debt with no information. - Canada

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RE: Collection Agency Steals Clients' Money

Postby had_enough » Tue Jun 19, 2012 03:18:25 PM

Ok, so its been a while since I`ve been here but I wanted to do an update regarding my efforts in dealing with corrections on my credit reports, consumer protection, the privacy commissioner, and the credit reporting agencies. Please note tha this information is for anyone having problems as to collection agency hard inquiries, and have residence in BC.

It has taking me two years to get to this point, the last year involving BC`s Consumer Protection, and the Privacy office in regards to removing hard inquiries on my reports done by collection agencies even though the 6 year face value, and any errors those collection items where those inquiries were based on, had been removed. I wish I had involved them sooner in my fight against the credit bureaus.

The BCCP had never realized before I took my complaint to them, that the BC`s own PIPA (pipeda)legislation, TRUMPED some of the credit reporting legislation that BCCP had authority on. It created a void when it came to several credit reporting issues. I must insert here that the Privacy office was not able to help me in any way based on their legislation which states( in my generalized terms) that the reporting agency maintain a record of all parties that have accessed a person`s credit report for a minimum of 12 months, .....and does not give any removal timeline. It also doesn`t specify hard or soft inquiries.

Once the BCCP studied this legislation, they found a loophole around the wording so that they could then proceed with my complaint.

Based on the PIPA and BCCP legislations, the acts are not necessarily in conflict with each other. The collection agency/debt buyer can be recorded as a `soft inquiry`, after the 6 year reporting limitation period of the related debt. Since the purpose of the PIPA provision is to inform the subject of a credit report about who has accessed the subject`s credit report, a soft inquiry would do that. And as soft inquiries are only displayed to the subject and to no one else, and does not affect the credit score, the BCCP 6-year reporting limitation for adverse information would also be met.

The BCCP took this ruling to both Equifax and Transunion. Equifax has complied with this ruling and removed the offending hard inquiries on my report and they said that they would have to train their members (collection agencies...ha!)on this new ruling.....hopefully they are still complying..... BUT!!!.....Transunion HAS NOT!

BCCP has recently sent them an order to comply with their ruling or risk paying a fine of up to $50,000, and Transunion is intent on taking it to the Supreme Court. They stand to lose much more $$$ in member fees if they have to change their software and not let their collection agency members pay for hard inquiries after a 6 year reporting period or remove those inquiries with related debts.

Unfortunately for me, by the time it gets throught the courts, the 1 or 2 hard inquiries that are still left from collection agencies on my Transunion report from old debts of 10 yrs ago, will have naturally fallen off based on Transunion 6 year policies in the next few months, ...but if it will prevent other BC individuals from going through what I`ve been fighting for, then all the better. At least most banking institutions use Equifax and once those negative items were removed my score jumped to 740 even without any other credit showing besides Fido. I was able to apply for and receive a 0% interest car loan and 2 non secured credit cards. Now I`m watching my credit reports with an eagle eye to make sure it stays excellent.

I urge all BC`ers to contact BCCP if they are having this same issue so that they can have more ammunition against Transunion when it comes time for the court hearing.

I will report any new findings as I hear them from BCCP.

Cheers!
ps; I will copy and post this on some of my other posts so that more viewers can see this. I`m hoping it may also help other Canadians in different provinces based on similar legislation.

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RE: Collection Agency Steals Clients' Money

Postby 3773lee » Sun Nov 20, 2011 07:53:00 AM

I am having nearly the same problem with CBV. And with an old telus account. I was young and dumb and I have taken responsibility for the account. When I was with telus I was young 18. And I had a limit on my account. The bill couldn't get higher then 300 without cutting service off. It was so long ago I don't remember what happen. And I ha completely forgotten all about it. Anyhow now they say I owe them over 3000 for the last year and half I have made payments of 150 on the account. That's all that I can afford with being on maternity leave and raising my son. And when I asked what the balance was on the account a couple months ago, nothing changed so I have been making payments for nothing? Doesn't make much sense to me. My question is can they charge that much interest? I'm never going to get this debt paid if they can.
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RE: Collection Agency Steals Clients' Money

Postby HATECBV » Sun Oct 16, 2011 03:18:47 PM

My wife owes Telus Mobility 1307.00 upon service termination and now CBV claims the amount is 3000.00. They claim that they have the right to charge interest. I have disagreed as the contract does not clearly stipulate that and as such the default interest rate should be 5% as per Interest Act.

I have filed a FOI to Consumer Protection BC enquiring about all of the “founded” complaints against CBV in the last 5 years. There are around 17. I requested the complaint as well as ANY decision by Consumer Protection in relation to any founded complaint.

I have also done PIPDA requests to both TELUS and CBV on the matter. Telus sought and received a 30 day extension but there deadline was on October 14th. So I should be receiving it this week.

Meanwhile, Gary Sandhu, the CFO has informed me that he has been advised to refer ALL matters related to the account to his lawyers at WIEBE DOVELOS WHITTMANN LLP. They have been a gem to deal with. (heavy sarcasm)

I have been disappointed with the way Consume Protection has handled the issue. When I called the number on their website, an inquiry officer (Lee Brake), gave me faulty information.

I asked her if collection agencies could charge interest on assigned accounts and she said that they can because nothing in the BPCPA says that they cannot ergo they can. I now have come to realize that the correct answer would have been: depends on what the original contract says and in the absence of any agreement on interest then the Interest Act would apply.

Anyhow, I have filed a Notice of Civil Claim in Supreme Court under s.172 (1) of the Business Practices and Consumer Protection Act. My claim is that CBV attempted to collect more than was owed, reported false or misleading information to a credit reporting agency, engaged in a deceptive act or practice amongst other things.
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RE: Collection Agency Steals Clients' Money

Postby DanielBl » Tue Aug 23, 2011 06:50:06 AM

Yeah, even more hilarious having a collection agent threatening to sue you for reposting a Consumer Protection Ministry newswire release that was already on the web.
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RE: Collection Agency Steals Clients' Money

Postby montyloree » Tue Aug 23, 2011 06:39:59 AM

are you calling me Montgomery? hilarious

thanks for the link DanielBl
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RE: Collection Agency Steals Clients' Money

Postby DanielBl » Tue Aug 23, 2011 09:24:30 AM

Okay, here it is yet again, Montgomery.

http://www.newswire.ca/en/releases/archive/December2008/16/c2431.html

AND HERE IS THE CONSUMER PROTECTION NOTICE TO THE PUBLIC PRINTED OUT:

Inter-Canada Credit fined for trust violations

HAMILTON, ON, Dec. 16 /CNW/ - Inter-Canada Credit Inc. has been fined $100,000 after the debt collection agency was convicted of failing to pay creditors money collected from debtors. The sentence was imposed after Inter-Canada Credit plead guilty to the charges in a Hamilton court on December 10, 2008.

The agency's principals, Richard Cowie and Blair Wettlaufer, were also fined $3,000 each and given probation for one year requiring them to perform 120 hours of community service. Inter-Canada Credit's accounts were frozen under a court order in 2006, when the Ministry of Small Business and Consumer Services' Consumer Protection Branch began its investigation of Cowie and Wettlaufer. As a condition of the probation order, the two collection agency principals must work with provincial officials to return money owed to creditors.

Under the Collection Agencies Act the courts may impose fines of up to $100,000 for corporations and $25,000 for individuals convicted of infractions. It also provides for jail terms of one year less a day.

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ontario.ca/consumerprotection
Disponible en français

For further information: Mark Skaff, Communications, (416) 326-7279

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Like I said before, being a collection agent in Ontario is one profession where it's virtually impossible to lose your license.
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RE: CBV Telus debt with no information.

Postby montyloree » Tue Aug 23, 2011 03:55:42 AM

DanielBl,
What is the link to that story.. about the collection agent who was sentenced? Fined $106K?

Hmm I can't seem to find that in google
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RE: CBV Telus debt with no information.

Postby DanielBl » Mon Aug 22, 2011 08:23:45 PM

Consumer Protection under Brian Pitkin in Ontario is another story as illustrated by CBC Marketplace hostess, Erica Johnson's pathetic interview with the latter.

It's so bad, we had one collection agent, who ran an agency which was shut down for stealing clients' funds, with he and his partner fined $106K and sentenced, threaten to sue us for having the audacity to ask why his licence wasn't revoked.
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RE: CBV Telus debt with no information.

Postby had_enough » Mon Aug 22, 2011 04:41:37 PM

Well they certainly helped me.

As you know BC`s legislation is a little different than Ont. and I have it on good authority that the provinces are working together to make changes in their legislation regarding these issues so that they are the same across the country.

Will it be for the better???....lets hope so.

I spent almost year getting the runaround from the bureaus and collection agencies trying to remove mistakes and most especially hard inquiries past the 6 year reporting period from my credit report.. I just wish I had contacted CP sooner instead of trying to do it myself, and I`m glad I kept a record of everything that transpired during that time.

I highly recommend anyone in BC to do this, BUT you need hard evidence, receipts, invoices, letters, recorded messages whether you`re dealing with creditors, collection agencies, debt buyers, or credit bureaus. Do your due diligence, get it in writing and it should pay off.

The credit bureaus will comply when they receive a letter from BPCPBC. The hard inquiries I fought against were finally removed from my report.
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RE: CBV Telus debt with no information.

Postby DanielBl » Mon Aug 22, 2011 03:42:38 PM

I take it Consumer Protection in BC is better than in Ontario. If it isn't, expect the same treatment as the guys in the You Tube video from my last post.
http://www.youtube.com/watch?v=Nvmz-Y-6lhQpost.
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