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Key Points
- If you think that they have the wrong person or that the debt is incorrect
- What a collection agency cannot do
- Who a collection agency can contact in limited circumstances
If you think that they have the wrong person or that the debt is incorrect:
Contact the collection agency and explain. They must take reasonable steps to make sure you are the right person to contact about the debt.
- If you are not the right person, they can’t keep contacting you.
- If you are the right person, but the debt is incorrect, you can take the following steps:
- If you already paid the debt, contact the collection agency and, if applicable, original creditor to correct the error. Provide supporting documentation if available.
- Check your credit report to see if the amount is correct and write to the credit reporting agency and provide the correct information.
A collection agency cannot do any of the following to you, or anyone else:
- phone on holidays, Sundays (except between 1 p.m. and 5 p.m.), or on any other days between 9 p.m. and 7 a.m., unless you request it;
- use threatening, profane, intimidating or coercive language;
- use undue, excessive or unreasonable pressure; or harass you;
- contact you more than three times in seven days on behalf of the same creditor, subject to certain exceptions;
- give false or misleading information to any person;
- contact you in a way you told them to stop using because it cost you money; or
- charge you any fees, other than for non-sufficient funds on cheques.
Who a collection agency can contact in limited circumstances:
A. Your employer
- once only to confirm your employment, business title or business address;
- if your employer has guaranteed the debt and the contact is about that guarantee;
- if it’s about a court order or an automatic salary deduction (wage assignment); or
- if you have given the collection agency written permission.
B. Your spouse, family or household member, relative, neighbour, friend or acquaintance:
- to get your contact information if the agency doesn’t have it already;
- if you asked the agency to discuss the debt with that person; or
- if that person has guaranteed the debt and the contact is about that guarantee.
To learn more please contact Harris & Partners Inc., 905-479-5712 or the Ministry of Government and Consumer Services at: ontario.ca/ConsumerProtection consumer@ontario.ca 1-800-889-9768 TTY: 1-877-666-6545
Speak with a licensed insolvency trustee today.
