As the regulator of the debt collection sector, we often get calls from consumers about calls from collectors. If you are getting calls, remember you are not alone — debt is an issue for many British Columbians. If you are getting calls, did you know that you have the right to request to be contacted in writing only by the debt collector?
What is your right as a consumer?
First of all, it is important to remember debt collectors are allowed to contact you about the debts you owe. That said, you also have the right to be contacted in writing only. To ask for this, fill out a “request for communication in writing only” form (printable form or online form) and send it to the debt collector with a proof of delivery (fax transmission report, registered letter receipt, etc.). Once you do that, they are not allowed to contact you by phone and they have to start communicating with you in writing only (such as mail or email).
What happens to your debt?
It’s important to remember that your debt has not gone away just because the collector is no longer calling you. If you need some resources on how to pay down your debt, the Financial Consumer Agency of Canada has some information on dealing with debt on their website. If the debt is left unpaid, interest charges may accrue and your debt load may become larger. An unpaid debt may also affect your credit rating negatively and make any future financing difficult.
What happens if your debt is not paid and you ignore written communications?
If your debt is not being addressed and you choose to ignore written communication from the debt collector, there may be legal implications. The Business Practices and Consumer Protection Act (BPCP Act) states that legal proceedings may be brought if a collector gives you such notice. So it is important to keep in mind that just because the collection calls have stopped, it doesn’t mean that your debt is gone. You may want to keep an eye on any written correspondence from the collector and respond accordingly.
What happens if a collector continues to call you?
If you have requested a debt collector contact you in writing only and you are still getting calls a few days later, please contact us by filling out our complaint assistance form.
There is a lot more to know about BC’s debt collection law, including more information about your rights and responsibilities. Visit our Consumer Help page to learn more.
ADDITIONAL READING:
Getting calls from a debt collector?
New things to know about BC’s debt collection laws
Tips for negotiating with collection agencies
This isn’t my debt
A debt collector called my workplace
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(debt control agency), very rude of course wanting their money. In one day called for first time yesterday couldn’t get through to me, called my place of employment, then called a friend I may have put as a reference. Is this legal?
Hi Alice, thank you for your question. Debt collectors must not discuss the details of your debt with another person without your permission. However, they can contact a family member, friend or acquaintance to confirm your contact information. They are also allowed to contact your employer in certain situations, but they cannot discuss the details of your debt. Here is a link to more information on what debt collectors are and are not allowed to do: https://www.consumerprotectionbc.ca/2014/10/getting-calls-from-a-debt-collector/. If you have any further questions, do not hesitate to contact our inquiry centre: 1.888.564.9963. Thanks!
thank you for the awesome information! |Much appreciated.
If a debt is ignored, or not received ( wrong address or phone number, for example), can the debt go to a bailiff? What exactly are the legal implications?
Hi Pey, thanks for your question. Do you mean a court ordered bailiff to seize property or a normal licensed bailiff who is simply collecting the debt on behalf of a business/person etc? If you would prefer to have an answer over the phone, you can call our inquiry centre at 1.888.564.9963. Thanks!
I have a court bailiff looking for me. She hasn’t bothered to come to my house and I don’t have a phone at the moment but she did visit all of my neighbours on New Year’s Day to gain information about me. I literally watched her walk down my neighbors driveway to her truck and drive off without coming to my house. My neighbor later informed me who she was, I found this to be odd behaviour. She has also called my work claiming to be an old friend of mine and gave a fake name. On a second occasion she used profane language when my employer told her to stop calling for me if she’s not going to say who she is. On a third occasion she came to my work but I was not there and threatened to call the cops to have me arrested and make a scene if they didn’t tell her where I was. I’m a bit confused why she is going around to my friends and employer instead of contacting me directly. What can I do? Is this legal? I’m not even sure if this debt is mine.
Hi Jim, thanks for reaching out to us here. I’m going to explain how we fit into the equation when it comes to bailiffs in BC. It’s a little confusing, so bear with me. Okay so, there are two types of bailiffs in BC; licensed bailiffs and court-appointed bailiffs. There are different rules for each type of bailiff. When bailiffs are not acting on a court order, they are acting as a debt collector and they must be licensed with us and follow the debt collection and consumer protection laws that we oversee. Court bailiffs are appointed by the Attorney General under the Sheriff Act and they are legally authorized to enforce (civil) court orders. Some court bailiffs hold a licence with us, but it is not required to perform court-ordered tasks and we have no oversight over these types of bailiffs.
So, all that said, because you said you are dealing with a court bailiff you are going to want to visit this page here: https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs. According to that page, if you have an issue with the court bailiff and you can’t resolve it with them directly – you can report your concerns to the Ministry of Justice. This is contact person for these issues:
Peter Hamilton
Port Coquitlam Provincial Court
2620 Mary Hill Road
Port Coquitlam, BC V3C 3B2
email: Peter.Hamilton@gov.bc.ca
If you are unsure whether or not your bailiff is a court bailiff or licensed bailiff, you can check to see if they are licensed by us here: https://www.consumerprotectionbc.ca/find-individual-licensee/ or visit the Ministry of Justice’s Courthouse Services website to see a list of authorized court bailiffs: https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs.
I hope this is helpful and please let me know if you have any questions. Our phone number here is 1.888.564.9963. Thanks!
Hi, i’m wondering if I am allowed to ask for a statement regarding what I am paying for to a bailiff?
Hi Samantha, thanks for reaching out to us here. Are you wanting to know the details of your debt? You have the right to ask for that information. To ask for the details of your debt, make your request in writing, or use our online form. Send your written notification to the collection agency in a way that gives you proof of delivery, such as registered mail, fax, or email. Keep copies for your records. If I’ve misunderstood your question, I might suggest giving our inquiry centre a call for a quicker answer. Our phone number here is 1.888.564.9963. Thanks!
Hello,
I know you mentioned that you can request phone calls to stop. But can you request emails to stop?
Hi Alaysha, thanks for the question. No – you cannot. Debt collectors are allowed to contact you about the debts you owe. You can request communication in writing only, however emails would still fall under that category. I hope this answers your question. Thanks!
Can the banks take out money from your account anytime they want even if you made a payment arrangement with them. My bank has been doing this even if I made a payment arrangement with them. It is upsetting, because they take money almost every week from me. And when they take money from my account they drain my bank account, which means even the money for my groceries are being taken away also. I pay on time… I have all the records but they take the liberty to take more. In two weeks they took a big chunk of money from me twice even if I paid them already. I called them and they won’t reverse my money. At first they said it was a mistake,on their part and they have to get their supervisor to reverse the money then second they said they can’t reverse it as it is going to my debt. But they just took money from me twice in two weeks:(. That was my grocery money, and have other bills to pay. Now I am left with 30.00. I have kids to feed.
Hi Maria, do you know if your bank is a federally regulated bank or a credit union? If it’s a bank, you can find some helpful information on the government website (please click here for the link to Canada.ca). If you are dealing with a credit union, you can contact the Financial Institutions Commission (the link to their contact page is here). I hope one of the organizations will be able to point you in the right direction!
If you’re an online Company that doesn’t send out communication through way of the Post Office and a customer, in Collections, requests that communication is done through that method. Can we inform them that we are an online Company and all correspondence is via email?
Hi Emma, yes you can!
The last time I paid on an unsecured debt was July 2019, the bank has since ‘ written it off’ I contacted bank back in 2019 to explain I was now on permanent government disability,no income. Now the debt collectors are of course calling sending letters but I believe the 2 year limitation for legal action has expired ( I live in BC) ….how can I stop all contact by the credit collectors written and otherwise.
Thank you
Hi there, thank you for asking a question here. As this article suggests, you can ask the debt collection company to only communicate with you in writing. You can use the form on our website here to request this. The other option may be that you dispute your debt. We do not oversee the Limitation Act so this is not something we can provide any support with, but we do have another form you can use to dispute the debt if you believe that you do not owe it. You can find the form on the same webpage mentioned above. Just in case you would like to look at the Limitation Act, here is the link to the law. I hope you will be able to resolve this issue quickly!
A debt collector called me threatening to serve me today and take me to court if I did not pay them. I requested all correspondences to be in writing and they refused, saying they “have a new policy that does not allow them to mail or email anything in writing” but wanted me to set up a payment agreement. Is that legal? what do I do?
Hi Sarah, thank you for contacting us with your question. By law, you are allowed to ask debt collectors to only contact you in writing. Do you have proof that you have sent this request to them (email, registered mail etc.)? If so please contact us so we can look into this further.