If you find yourself being contacted by a debt collector, it might be a good idea to brush up on your rights in the province. Here are some of the rules debt collectors must follow in BC.
The rules debt collectors must follow in BC
Generally speaking, anyone who is collecting or attempting to collect a debt, must follow the debt collection rules in BC. Most often, you may find yourself dealing with a debt collector. We licence debt collectors in the province and enforce the rules they have to follow. Use the information below to learn the rules in BC and access tools and resources to help you exercise your consumer rights:
1. Debt collectors are only allowed to contact you about the debts you owe once the debt is due and payable, not before.
2. They must send the details about your debt before they start calling you (including the amount owing and who owns the debt). This can be a written letter or an email. If you didnât get this information, you have the right to ask for the details. How to ask for the details of your debt. Keep in mind, there are two exceptions to this rule:
a. They can make an effort to call you before sending you the details of your debt – but only to confirm your correct contact information.
b. If they have bought the debt from the creditor (or they are the creditor, such as a payday lender), they are not required to send you the details of your debt first, which means that they can begin calling you right away.
3. Debt collectors must stop calling you if:
a. You notify them that you want to be communicated with in writing only (or through your lawyer). Learn how to get the calls to stop
b. You notify them that you would like to dispute the debt and have it taken to court for resolution. Learn how to dispute the debt
c. You notify them that they have the wrong person. Learn what to do if itâs not your debt
4. They can only call between 1 p.m. and 5 p.m. on a Sunday (your local time).
5. They must not call you before 7 a.m. or after 9 p.m. on weekdays and Saturdays (your local time).
6. They must not call you, a family member, or a friend at any time on a statutory holiday.
7. They 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.
8. They must not contact you in a way that will cost you money.
9. They must not publish or threaten to publish details of the debt except to a credit reporting agency.
10. They must not use threatening, profane, or intimidating language.
11. They must not put excessive pressure on you.
12. They must not threaten to sue you unless they are actually taking legal action.
13. They canât try to collect any amount that is more than what you owe. They canât apply their own interest rates or fees, but interest can be charged at the rate in your initial credit agreement.
The rules outlined above are not an exhaustive list – thereâs a lot to know about this topic. Learn more about BCâs debt collection laws.
Dealing with unlawful collection behaviour after taking out an online loan?
Have you taken out a loan from an online lender and are now experiencing harassing debt collection practices? You may be dealing with an unlicensed or illegitimate payday lender, which can make it difficult to exercise your rights. Learn more about the risks of borrowing money from unlicensed lenders and where to go for help.
Find out now: Check if your payday lender is licensed.
Where to go for help
We know dealing with debt can be stressful, especially if youâre getting collection calls. In BC, you have rights when it comes to debt collection. The law speaks to when a collector can contact you and how they can communicate with you. Learn more about your rights for debt collection in BC.
If you believe a debt collector or someone collecting a debt is not following the rules, explore our consumer help page about debt collection to get instructions and official forms that may be able to help, depending on your concern. If you still can’t resolve the issue, feel free to submit a complaint to us directly.
About Consumer Protection BC
Weâre a not-for-profit provincial regulator. We are responsible for licensing debt collectors and regulating certain aspects of the debt collection industry in BC. The laws we oversee capture your rights when it comes to credit reporting, debt collection, payday loans, high-cost loans, and certain aspects of debt repayment services. Find out more about us and the other industries and transactions we oversee by exploring our website.
Learn more about your rights when it comes to debt and borrowing.
More debt and borrowing resources
Managing debt
How to make a plan to manage your debt
Comparing different debt relief options
The impact of debt on your credit report
How to improve your credit score
How to build healthy financial habits
Debt collection
How to stop collection calls
What to do if itâs not your debt
The rules debt collectors must follow in BC
How to dispute a debt
Borrowing wisely
Things to think about before you take out a loan
Understanding the cost of your loan
The rules for payday lenders in BC
The risks of borrowing money from unlicensed lenders
Buy now, pay later plans: what you need to know
Tell us what you think for a chance to win!
The information above is part of a consumer education initiative on debt and borrowing in BC and we want your input!
By completing the survey, you will be entered to win one of two $300 prizes and youâll support consumer education in the province. Your feedback will help us fine-tune our educational resources so we can continually improve and help more people make informed debt choices in BC.
Debt collector took out ALL of our money from a joint account between my husband and myself for an old cc that is ONLY on my name. Is this legal?
Hi Chantelle, thanks for your question. We would need more information from you to provide an answer on that. Can you please submit a complaint with the details about the situation via our complaint form here: Start a complaint. Thank you
Debt sold. No one has the original paper work. Not the original company. Nor the debtor. It has been 9 years. Or more, I canât remember either. They have said they will put it in my credit buerow. I donât want to respond to them because every time I do they say the time starts over. I believe it has been sold to a few different companies over the years. I just want them to leave me alone. I am on disability and they wouldnât take a payment plan.
Hi Elizabeth, thanks for your question. The laws we oversee only apply to the rules for debt collection â we canât advise you on the statute of limitations or whether you owe a particular debt. If you want legal advice or information on the statute of limitations, I suggest you speak with a lawyer. Access Pro bono can provide a range of legal services at different costs. If you wish to dispute the debt you can find a form to submit to the company on our website. I hope this helps.
Car Finance companies now have a new tool in addition to hounding everyone you know. They are posting publicly on my Facebook page due to missed payments. They refuse to deal in writing and when asked for a payment history (of 3 years payments which some where more than what was due but they want money for that service as well) They charge over 100. for NSF fees. They berate and insult you on the phone and threaten to further humiliate you online if you don’t do what they want. As they are based in Toronto, they claim BC Laws do not apply although loan is in BC.
Hey James, thanks for bringing this to our attention. BC debt collection laws apply to any business attempting to collect a debt from a BC consumer. Please submit a complaint to us so we can gather more information from you. Thanks.
My son was called 20 times in about three weeks. Six times they called twice a day. They called three days before, two days before and twice the day before his suicide. Was the trigger. We learned six months later that they were calling him by mistakeâŠ.
Hi Mark, I’m so sorry to hear that. I hope you’re doing okay.
Were any laws broken?
So it says on the Government of Canada website they can’t call you on your cell phone without prior consent. I got a text message from them this morning on a cell phone number that is pay as you go and involved noncredit check nobody should have this number as I’ve never applied for credit or anything as far as I know using it. My friends don’t even have the phone number to give it to them. Does texting also fall under contacting/calling me on my cell phone? Are they required to tell me how they got this phone number?
Hi James, the laws in BC around debt collection state that collectors must send the details about your debt before they start calling you. The law does not differentiate landline, cell phone or text messages. There are a couple of exceptions to this rule of notifying you before they start calling/contacting so please review the article above. The laws in BC do not mention whether or not collectors need to notify you where they got your contact information. I hope this clarifies things. There are many details when it comes to the debt collection laws in BC and they are all explained in detail on our website so please have a look and contact us again if you have any further questions.
Thank you appreciate the quick and knowledgeable reply. Different case but what about if they are sending me collections for a name that is spelled differently James Deamer not James Deaner am I legally obliged to cover a debt of a credit card they issued in the wrong name. I only ask because Covid and getting laid off ruined me financially and I haven’t recovered yet.
Hi again, this is an interesting question and I have never seen a case like that before. The laws definitely do not speak to that detail (wrong name on a credit card) but you can certainly dispute your debt with the creditor. We have a tool (and other self-help tools) on our website here. I didn’t mention this before but we also have a form you can fill out to ask your collector to communicate with you in writing only. I hope this info is helpful to you!
Hi, can a cc debt collector seize my only income of cppd from my account in bc canada
Hi Rose, thank you for contacting Consumer Protection BC. It is hard to answer your question without knowing details of your debt and situation. Can you please contact us so we can looking to it further? Thank you.
Hello. A collection agency based in Toronto is trying to collect an alleged debt from me. Do they have to be licensed in B.C. because thatâs where I live. And if they are not licensed in the province I live in, what happens? Can they still call me about the alleged debt? Thank you
Hi Bill, if a collector is attempting to collect debt from a BC resident, they need to be licensed in BC. You can check to see if they are licensed by doing a search on our website here. You can search for both the collection agency company and individual collector licence, please make sure to choose the right link when you land on the page. If you find out that they are not licensed in BC, please contact us.
If a debt collector is trying to collect a debt from me that is passed the statute of limitations in my province, can I dispute the debt therefore making them stop calling me and take me to court which they wonât because the statute of limitations has passed? And my problem is solved?
Hi Henry, when it comes to the statute of limitations in BC, we are not able to assist you as we do not oversee the Limitation Act. You may want to consult a lawyer and you can do so through Access Pro Bono’s Lawyer Referral Service and you can receive 15 minutes of free consultation with an expert lawyer. Here is the link to their website. You can also take a look at this guide from the Courthouse Library of BC or the Limitation Act itself. I hope these resources are useful to you!
Hi!
If I want a debt collector to only contact me through email is that possible?
Or can it only be requested they contact me through regular mail?
Thanks!
Hi Charlene, thank you for asking a question here. When you request communication in writing only using our form on our website, you can choose your preferred method of communication (either letter mail or email). If you prefer email, please indicate that on the form and provide your email address. You can access our form to request communication in writing only on our website here. I hope this information is helpful!
Hi my question is can collections agency charge you interest on the debt after the bank had written off your from their books. I have 3 collection that are charging me interest. I know that soon the bank sell the debt to a collection agency, interest on that debt cannot continue charging interest or fees on the debt, am i interpreting the law correctly? NCO financial based en Quebec refused to give the history of all the transactions that they have incurred since the moment they bought the debt. They say that because the work on “behalf” of Capitol One they are allow to charge interest. Another Collections that is doing the same thing is ARO, they have not refused so fare to give me the history they have charged mi interest now that they owed my debt. I must add we paid our debt from the last statement that the bank send us. please let me how to deal with this problem? do we need a lawyer? and type of layer. As well i will like to lunch a complaint if they are not obeying the law. They are making extra money at the expensive of people that are experience the worst time of their life
Hi Carlos, thank you for contacting Consumer Protection BC. Debt collectors are not allowed to collect any amount that is more than what you owe. They canât apply their own interest rates or fees, but interest can be charged at the rate in your initial credit agreement. So you may want to request the details of your debt to see if the interest applied is from the initial debt or added by the current debt collection agency. You can formally request the details of your debt using our form on our website here. If you would like to contact us for further questions, please use our online complaint form. Thank you!
Alleged bailiffs sought entry into our condominium parking garage. They provided no IDs or documents to substantiate their claim. We refused them entry. A few days later they waited at the gate of the parking garage until one of our residents opened the gate to leave. Unbeknownst to our resident, the alleged bailiffs taped over the sensor preventing the gate from closing. They proceeded to call the tow truck to remove a car from the garage. We called the police and it was only then that they provided IDs and documents. They left without removing the tape over the sensors leaving our parking garage unsecured. Are the bailiffs allowed to tresspass without authorization?
Hi William, thanks for reaching out. It sounds like you’re dealing with a court bailiff. Court bailiffs will handle court-ordered removal of property and we have no oversight over these types of bailiffs.
If you have an issue with a court bailiff and you canât resolve it with them directly â you can report your concerns to the Ministry of Justice: https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs
I hope this helps!
i filed for consumer proposal and i have 3 payday loans that refuse to listen to them or to stop contacting me if i refuse to pay them they go to collections and they call me none stop every 5 seconds for 3 hours straight
Hi Shaun, thank you for contacting us. It’s hard to comment without knowing the details of your consumer proposal but as a BC consumer, you have certain rights such as disputing the debt or asking collectors to only contact you in writing. We have more information about your debt rights on our website here. If you have any further questions or would like to submit a complaint, you can do so through our complaint form. Thank you.
Hello,
If a collection agency gets a judgement again can they add more fees to your debt. I.e. lawyers fees, and court fees.
Thank you
Hi Mike, thank you for getting in touch with us. Debt collection agencies are not allowed to add any fees to your debt but I am not sure what you mean by a “judgement”. Could you please clarify that? You can reply to this comment here or send in a formal complaint through our online form so that you can fill in all the details we need. Our online complaint form is on this page of our website.
hello, I too am trying to figure out what a “judgement” is as the debt collector that has been calling me and threatening to sue me and take me to court if i dont pay immediately.and says that they will have a judge put a “judgement” on my “criminal record”
also, i read in your regulations that they are not allowed to *threaten* to sue, unless they are actually taking legal action. does that mean that unless they specified that they are in fact going to sue ,it is considered a “threat”? and do they need to have already filed lawsuit or provide more details of them suing ?
thank you in advance !
Hi Holly, we would need to look into this a bit more in order to make any determinations. Feel free to submit a complaint with any relevant documentation so we can look at this issue a little closer: https://www.consumerprotectionbc.ca/complaint-assistant/
My spouse is dealing with a debt collector, has asked numerous times for a balance of what’s left owing or a statement. To me this is wrong. Is this legal?
Hi Shelly, thanks for your question. Do you mind clarifying what you mean? Your spouse has asked for a statement of what’s owing? And then what happened?
My husband has asked numerous times for balance on what is left owing on his debt. They refuse to give him any kind of information. They wont even send him a statement of any kind. We have no idea of how much is left owing or if hes even paid it off. What we’d like to know is, how can we find out his balance?
Hi Shelly, thanks for clarifying. Debt collectors must send you a letter with the details of your debt, including information about the amount owing and who owns the debt. If you didnât get this information, you have the right to ask for the details in writing. We have steps on how to do this and the proper forms to use available here: https://www.consumerprotectionbc.ca/consumer-help/debt-collection/#I%20want%20the%20details%20of%20my%20debt
If you follow those steps and use our official forms and still can’t resolve the issue, you can submit a complaint to us. Thanks!