What New Brunswick Collection Agencies and the Bill Collectors Who Work for Them Cannot Do When Contacting You
Debt recovery or collection agencies cannot threaten to start legal action to collect a debt without first notifying you and receiving the creditor’s approval to sue you.
They cannot collect more money than you owe your creditor regardless of any costs the collection vultures have incurred.
They cannot call you collect or in any way that costs you money (such as collect phone calls or in some cases, calls to cellphones)
They cannot contact your employer, friends, family or neighbours unless they have guaranteed or co-signed the loan they are trying to collect or unless they are looking for your address.
They cannot telephone you at work
They cannot discuss your debt with anyone else unless they have your permission (they may request you provide written permission,) If you do agree, send them written conditions about what they may say and with whom they may discuss your file. This will protect you if they violate the law.
They cannot bully, threaten, harass or intimidate you or use abusive language
They cannot communicate with you without fully identifying themselves, the name of the collection agency, the name of the company they are collecting for and the amount owed,
They cannot call so often that you or your family feels harassed
They cannot call before 7am or after 9pm Monday through Saturday
They cannot call before 1pm or after 5pm on Sunday
They cannot call you on a statutory holiday
They cannot collect from you at your place of employment
They cannot garnish your wages
You may ask collectors to only contact you in writing or through a lawyer.
Where to complain about New Brunswick collection agencies
If the collection agency or what appears to be their legal staff make written or verbal threats of legal action, have a lawyer send you a `draft` statement of claim or use other shady tactics report them to theNew Brunswick law society. However you should never trust a law society to actually help you.
f you are dealing with a collection agency and feel they are violating the rules, contact the supervisor or manager of the agency and express your concerns. If the matter cannot be resolved, file a complaint with the NB department of consumer affairs.
Be sure to have the collector’s name, your file or reference number, and the dates and times of the calls.
A complaint can only be filed by the debtor. No third party complaints will be accepted.
KEEP VERY GOOD NOTES AND RECORDS
You need to keep very detailed records of the dates and times the collector has called.
Demand her full name and employee number not just her first name
Write down the name and the phone number from where the call came from. Ask for their full company name and address for your complaint
Also keep notes on what was said. You do not need to record every word, just enough so that you can recall what was said to you. If she threatens to sue, or garnishee or to call your employer make a special note of that type of thing.
This information is absolutely critical to proving a collector violated the law in New Brunswick .
All collection agencies and the individuals who work as collectors must be licensed with the New Brunswick Financial and Consumer Services Commission