Collector Here!!!!!
KING: I have to say first that some advice that you have gotten is correct, the other is B.S. No offence to anyone on the board...
However I am in the business of Collections. Therefore I have been through several and I cannot stress that enough, training classes and exams, as well as being licenced.
IN CANADA-This by any means is not even close to what the States has with the F.D.C.P.A The laws are very lenient in Canada.
Provincial Legislation States through the Collection Agencies Act, no collection agency or agent may:
c) directly or indirectly threaten or state an intention to proceed with any action for which the collection agency or the collector does not have lawful authority to make telephone calls or personal calls of such nature or with such frequency as to constitute harrassment of the consumer, his spouse or any family or household;
First, THEY ARE DOING THERE JOB!!!!!! But if the above is correct then contact, through written letter the Collection Agency stating your complaint.
But you also have to remember, that to them you have had several opportunities to try to make ammends for your debt. How many calls do you think one agent makes in a day?? Anywhere between 150-250 calls per day, and alot of those people that they are calling, change there story, lie and decieve. Act like they are surprised that they are in collections. But know that they are because they have received letters...And or were contacted by an in house collections department, prior to them making phone calls to you.
Second, if you are in a Third party collection, which I believe you are that is a state called "DEMAND DEBT" All that means is that you have been given, several opportunities, through letters/calls to make some sort of arrangement with the loan institution, and you chose not to.
Also; do not take this thie wrong way; but how are you surviving??? How are you paying your intenet bill?? You obviously have some sort of income, or live with someone, but to say that you have no money/income at all is the reason you are being asked these questions. I am not at all saying give up these things. But as someone stated before about the Financial Assesment form, I have never heard of them sending it to you and filling it out, Agents ask the questions over the phone. Some agents take things personally, like you owe them the money, try to be as cooperative as possible...If they start asking you questions about your income, or car payments or what not, they are only doing this to show thier client WHY YOU CAN"T PAY...That is the whole reason for the FAF
Unfortunately, to think that your credit is screwed already so who gives a shit. You can clear that. All they want is something in good faith. If you are never paying a dime, even though you pay pay a minimum, lets just say you have $30 and you think that they won't take it or you think it's a hassle IT"S NOT believe me. Maybe you cannot pay that every month but, you are showing that you are willing to pay.
Also you need to get a job, THEY WILL NOT GARNISH YOUR WAGES, the court costs are too much of a hassle. If they ever proceed to do that it will take months.
My suggestion to you is that the collector has probably left you a number to call them. If they have, call back that number, if you do not like the tone of the collector. Then either hang up/ or ask to speak to another collector and or supervisor. There are three types of collectors, 1.)CUSTOMER SERVICE, 2.)TENACIOUS 3.) MIDDLEMAN
Stay away from the last two, you will be able to tell right off the bat which you are dealing with. Try not to get discouraged about this but it is something that could affect your life.
Always remember to try to be as honest as possible, if you have a car, and you are making payments they will see that on your credit beareau...So NO they cannot see what youhave physically, but they do know if you car payments/ credit cards and so on. So be careful as they like to throw that back in people's faces.
Just explain to them that you are not working that you have every intention of paying, you will see what you can do to make some sort of payment. If you feel annoyed or threatened in anyway HANG UP....Tell them that you don't appreciate there tone. Unfortunately I think all the collectors may have never been in debt because they look at this like all the people are the lowest scum of the earth...That is what I meant by trying to speak to a Customer Service type, because I can guarantee that they know or have known what you are going through so they are nicer...
Hope this helps....Take Care and keep smiling
Nyyla