Glenn’s son got himself into financial trouble and some of his unpaid bills went to collections. A debt collection agent began calling Glenn at home, trying to get a hold of his son.
“I talked to the agent countless times and explained to him I didn’t have any way of getting in touch with my son but would gladly pass along any mail or information when I heard from him,” says Glenn. When the collection agent continued to call, Glenn asked that he stop phoning about his son’s debt.
Debt collection agents are not allowed to contact someone other than the debtor about a debt, unless it’s to obtain the debtor’s contact information. Glenn filled out a form on Consumer Protection BC’s website to formally notify the debt collector that he was not the debtor.
But the agent continued to call Glenn. “He said that if I was a good father, I would pay off my son’s debt,” says Glenn. “I was looking after as many bills as I could at the time. I was doing my best.”
Having gone through all the proper processes to no avail, Glenn contacted Consumer Protection BC for help. Following an investigation into the matter, Consumer Protection BC determined the agent was unlicensed in BC and should not have been collecting debt.
When Consumer Protection BC brought the evidence forward, the debt collection company complied, dismissed the collection agent in question and agreed to stop contacting Glenn about his son’s debt.
“This whole situation struck at a bad time for our family,” says Glenn, “but my experience with Consumer Protection BC was terrific.” Glenn urges other consumers to become aware of their rights when it comes to debt collection. “I would tell other consumers to remember to keep notes, including dates and times, about your communication with the collection company. It helped me.”
*Names changed to protect the privacy of the individuals involved.
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About Consumer Protection BC
We are responsible for regulating specific industries and certain consumer transactions in British Columbia. If your concern is captured under the laws we enforce, we will use the tools at our disposal to assist you. If we can’t help you directly, we will be happy to provide you with as much information as possible. Depending on your concern, another organization may be the ones to speak to; other times, court or legal assistance may be the best option. Explore our website at www.consumerprotectionbc.ca.
I get calls daily for someone named Bowie Patrick, or maybe that is his name in reverse, don’t know, but they have several numbers they call from and it drives me insane!! i used to get identical calls from them at my last residence, with a different phone number (both that one and this one are unlisted!) I have no idea who this person is (Bowie) so don’t know why I am being harassed..it is as if someone is selling phone numbers (as I said, both unlisted..) or something. This has been going on for
at least two years now…
.Any suggestions?
Hi Wendi, thanks for reaching out to us here. Tell the debt collector you are not the person they are looking for and ask for the calls to stop. Be prepared to provide details to confirm that you are not the person they’re calling for, such as your addresses and birth date.
To let them know that they have the wrong person, you must notify them in writing, or use our online form. Here is a link to our printable form and our online form. Send your written notification in a way that gives you proof of delivery, such as registered mail, fax, or email. Keep copies for your records. Give the collection agency three to five days to process your request.
If the calls continue after a few business days, keep track of the incoming calls. You can do that by getting copies of your phone records, taking pictures of your call display or other methods. Contact us directly for the next steps at 1.888.564.9963.
I hope this is helpful!
As someone that deals with fraud and scams….WRONG. Don’t give them any information. There are countless scammers out to tell you, you owe, and asking for proof….so you tell them more and more information…I’ve even been asked for tax records, they say to prove I’m not the debtor…DO NOT give out any information. Call the police and report them as scammers….Amanda your advice makes YOU sound like another scammer. When you report them as a scammer to the police they are investigated- if you can give the cop enough info, ask for a call back number- then call it to be sure. If the cops call them they usually stop.
Hi Rob, thanks for your comment.
While I can appreciate your concern about providing your information to a debt collector, I can confirm with you that the process I outlined in my previous response is the appropriate way to deal with debt collectors calling you about a debt that’s not yours.
If you’re concerned that the person contacting you is not a legitimate, regulated and licensed debt collector, you can always do a search on our online database to confirm they are not a scammer (as you mention): https://www.consumerprotectionbc.ca/check-a-licence-search/
Once you confirm this, you can go ahead and prove your identity to the debt collector and they are required by law to stop contacting you. If the calls do not stop, you can give us a call for next steps.
I think we may be talking about different things. If consumers are receiving calls about a debt that is not theirs from a licensed debt collector, the steps I outlined is the appropriate response.
If consumers receive calls from a scammer, there are other steps that should be followed, as you mention. A common one is the CRA scam, explained here: https://www.consumerprotectionbc.ca/2014/03/a-scam-warning-from-canada-revenue-agency/
I hope this clarifies what I’m talking about.
Please let me know if you have any questions!
Rob – I fully agree with you. According to section 11(b) of HARMONIZED LIST OF PROHIBITED COLLECTION PRACTICES April 25, 2003, they have to prove the debtor is you. You don’t have to prove you are not the debtor. The onus is on them.
HARMONIZED LIST OF PROHIBITED COLLECTION PRACTICES April 25, 2003
11. MONEY IS OWING
No [collection agency] shall:
(a) collect or attempt to collect money from a person who is not liable for the debt; or
(b) where the person has informed the [collection agency] that the person is not the debtor, continue to communicate with that person unless the [collection agency] first takes all reasonable precautions to ensure that the person is in fact the debtor.
Do not give them any information about yourself. It’s a sure fire way to get further calls from an agency. The collector can add your information to the delinquent file in the Credit Bureau. Then your information gets mixed up with that of the actual debtor.
Remember, they have to prove you are the debtor: you don’t have to prove that you are not the debtor.
Hi Stephen, thanks for your comment. Consumer Protection BC regulates and licences debt collectors and the process I outlined is the appropriate way to respond to collectors who are calling you about a debt that is not yours. Once you provide proof that you are not the debtor, they are required by law to stop contacting you. Unless you are able to prove that you are not the debtor, they will continue to call. If anything like what you described has happened to you once you proved you were not the debtor, please feel free to reach out to us – our phone number here is 1.888.564.9963. I hope this is helpful to you!
Hi -0 11(b) they have to prove the debtor is you. You don’t have to prove you are not the debtor. The onus is on them.
HARMONIZED LIST OF PROHIBITED COLLECTION PRACTICES April 25, 2003
11. MONEY IS OWING
No [collection agency] shall:
(a) collect or attempt to collect money from a person who is not liable for the debt; or
(b) where the person has informed the [collection agency] that the person is not the debtor, continue to communicate with that person unless the [collection agency] first takes all reasonable precautions to ensure that the person is in fact the debtor.
11(b) they have to prove the debtor is you. You don’t have to prove you are not the debtor. The onus is on them.
Hi Stephen, thanks for your reply and for sharing your interpretation of the law. If you’re interested in contacting us for more information about the industry we regulate, please feel free to give us a call at 1.888.564.9963. Thanks!
Hi I have been looking for new or used vehicle long term finance option available I can not believe that the dealership sent me a credit application. I was filling out the paperwork I started reading the small text at the bottom of the page and this credit form stated that I consent to let the dealership obtain my personal and medical information I replied to ask why would they try to get my medical information he said just cross out the medical records out and initial where I crossed out the form my family and friends can’t believe this
My doctor said no dealership can ask me for that information I was not impressed medical information has been protected he said it was a old credit form medical records are very protected information why would they try to get the information without asking me if I would agree to them get the information.
Sincerely Robert Turner
Hi Robert, thank you for reaching out to us here. Are you asking for help with how to proceed? While we do not have authority over vehicle dealerships or privacy issues, I think I may have a couple referrals that may be helpful to you. The Vehicle Sales Authority is responsible for overseeing licensed vehicle dealerships, so you may be interested in giving them a call to see what their take is on the issue. While I can’t promise they have authority over this topic specifically, they may be able to provide you with additional info. Here is a link to their website.
Related to privacy issues, you may be interested in contacting the Office of the Privacy Commissioner of Canada. They help provide information to Canadians about their rights around privacy and I think they may be able to shed some light on this issue. Here is a link to their contact info.
I hope this is helpful and best of luck!
I got a facebook message one day from a woman who claimed to be mutual friends with a facebook friend of mine. She said she had misplaced the persons phone # and did I have it? I messaged my friend and asked her, she did not know the lady. I googled the # and it was a loan shark in town. So I phoned the # and asked for the lady named in my message. When she came on the line I told her in no uncertain terms that if she ever attempted that again, I would be phoning the police and the BBB.
Hi Kim, thanks for reaching out to us here. Consumer Protection BC regulates debt collectors in BC and there are certain laws they must follow when collecting debt. Debt collectors are allowed to contact friends, relatives, etc of the debtor to confirm contact information. That said, it’s my understanding that our laws do not speak specifically to how they confirm contact information (ie. pretending to be someone else to obtain contact info). This may be an issue for the Office of the Information and Privacy Commissioner of BC. They may be able to provide you with some additional information related to the situation you explained. Here is a link to their contact info: https://www.oipc.bc.ca/about/contact-us/. I hope this is helpful and best of luck!
When a husband or wife dies is the survivor responsible to pay for debts that are only in the name of the person who died….like a charge card company.
Hi Lyn, thank you for reaching out to us here. The laws that Consumer Protection BC are responsible for do not speak to what happens when a debtor passes away so I’m not in a position to give an answer, as I would not want to speculate. It’s my understanding that there are quite a few variables at play and it depends on several factors. You may be interested in talking to a lawyer for more specific information. The Canadian Bar Association offers a service where you can speak to a lawyer for 30 minutes for about $25. Here’s a link if you are interested: https://www.cbabc.org/For-the-Public/Lawyer-Referral-Service. I hope this is helpful and best of luck!