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Collection Agency Rules British Columbia

Business Practices and Consumer Protection Act

To file a complaint to consumer protection bc please visit http://www.consumerprotectionbc.ca/images/content/inquiries/debt%20collection%20complaint%20form%202014.pdf m - equity based funding in 48 hours!
 

 

[SBC 2004] CHAPTER 2

Part 7 — Debt Collection

Division 1 — Prohibited Debt Collection Practices

Definition

113  In this division, "collector" means a person, whether in British Columbia or not, who is collecting or attempting to collect a debt.

Harassment

114  (1) A collector must not communicate or attempt to communicate with a debtor, a member of the debtor's family or household, a relative, neighbour, friend or acquaintance of the debtor, or the debtor's employer in a manner or with a frequency as to constitute harassment.

(2) Without limiting subsection (1), one or more of the following constitutes harassment:

(a) using threatening, profane, intimidating or coercive language;

(b) exerting undue, excessive or unreasonable pressure;

(c) publishing or threatening to publish a debtor's failure to pay.

Disclosure to debtor

115  (1) A collector must not attempt to collect payment of a debt from a debtor until the collector has notified the debtor in writing or the collector has made a reasonable attempt to notify the debtor in writing of

(a) the name of the creditor with whom the debt was incurred,

(b) the amount of the debt, and

(c) the identity and authority of the collector to collect the debt from the debtor.

(2) A collector must not initiate verbal communication with a debtor with respect to the collection of a debt until 5 days after the collector has sent to the debtor the written notice referred to in subsection (1).

(3) If a debtor informs the collector that the debtor has not received the notice required under subsection (1), the collector must send that information to the debtor at the address provided by the debtor.

Communication with debtor

116  (1) A collector must not communicate or attempt to communicate with a debtor at the debtor's place of employment unless

(a) the collector does not have the home address or telephone number for the debtor and the collector contacts the debtor solely for the purpose of requesting the debtor's home address or telephone number or both,

(b) the collector has attempted to contact the debtor at the debtor's home address or telephone number, but the collector has not contacted the debtor in any of those attempts, or

(c) the collector has been authorized by the debtor to communicate with the debtor at the debtor's place of employment.

(2) The collector must not make more than one verbal attempt, under subsection (1) (b), to contact the debtor at the debtor's place of employment.

(3) At the time a collector communicates with a debtor, the collector must first indicate to the debtor

(a) the name of the creditor with whom the debt was incurred,

(b) the amount of the debt, and

(c) the identity and authority of the collector to collect the debt from the debtor.

(4) A collector must not continue to communicate with a debtor

(a) except in writing, if the debtor

(i)   has notified the collector to communicate in writing only, and

(ii)   has provided a mailing address at which the debtor may be contacted,

(b) except through the debtor's lawyer, if the debtor

(i)   has notified the collector to communicate only with the debtor's lawyer, and

(ii)   has provided an address for the lawyer, or

(c) if the debtor has notified the collector and the creditor that the debt is in dispute and that the debtor would like the creditor to take the matter to court.

Communication with persons other than debtor

117  (1) Except for the purpose of obtaining the debtor's home address or telephone number, a collector must not communicate or attempt to communicate with a member of the debtor's family or household, or a relative, neighbour, friend or acquaintance of the debtor unless

(a) the person contacted has guaranteed to pay the debt and is being contacted in respect of that guarantee, or

(b) the debtor has authorized the collector to discuss the debt with the person contacted.

(2) A collector must not communicate with a debtor's employer except

(a) for the purpose of confirming the debtor's employment, business title and business address, or

(b) for other purposes authorized in writing by the debtor.

Time of communication

118  (1) In this section, "statutory holiday" means a holiday, except Sunday, unless the holiday falls on a Sunday.

(2) Except on the request of the person contacted, a collector must not communicate, either by telephone or in person, with the debtor, a member of the debtor's family or household, or a relative, neighbour, friend or acquaintance of the debtor, or the debtor's employer or guarantor

(a) on a statutory holiday,

(b) subject to paragraph (a), on a Sunday, except between the hours of 1 p.m. and 5 p.m. local time for the person contacted, or

(c) on any other day, except between the hours of 7 a.m. and 9 p.m. local time for the person contacted.

Cost of communication

119  A collector must not communicate or attempt to communicate with a person for the purpose of collecting, negotiating or demanding payment of a debt by a means that results in the costs of the communication being payable by the person.

Collection from person not liable for debt or in excess of amount of debt

120  A collector must not

(a) collect or attempt to collect money that exceeds the amount of the debt owing,

(b) collect or attempt to collect money from a person who is not liable for the debt, or

(c) if a person has informed the collector that the person is not the debtor, continue to communicate with that person unless the collector first makes all reasonable efforts to ensure that the person is in fact the debtor.

Legal proceedings

121  (1) If a debt has been assigned to a collector, the collector must not

(a) bring or continue a legal proceeding for the recovery of a debt as plaintiff unless the debtor has been given notice of the assignment, or

(b) bring a legal proceeding unless the collector first gives notice to the debtor that the collector intends to bring the proceeding.

(2) A collector must not recommend to a creditor that a legal proceeding be brought, unless the collector first gives notice to the debtor that the collector intends to recommend that a proceeding be brought.

(3) Nothing in subsection (2) affects solicitor-client privilege.

(4) A collector must not directly or indirectly threaten, or state an intention, to bring or continue a legal proceeding for the recovery of a debt

(a) for which the collector does not have the written authority of the creditor, or

(b) for which there is no lawful authority.

Removal, seizure, repossession and distress

122  A collector must not do any of the following, whether on the collector's own behalf or on behalf of another person, directly or indirectly:

(a) unless there is a court order to the contrary, remove from inside the debtor's private dwelling any personal property claimed under seizure, distress or repossession, in the absence of the debtor, the debtor's spouse, the debtor's agent or an adult resident in the debtor's dwelling;

(b) seize, repossess or levy distress against personal property that is not specifically charged or mortgaged, or to which legal claim may not be made under a statute, court judgment or court order;

(c) remove, seize, repossess or levy distress against personal property during a day or during the hours of a day when removal, seizure, repossession or distress is prohibited by the regulations.

False or misleading information and misrepresentations

123  In collecting or attempting to collect payment of a debt, a collector must not

(a) supply any false or misleading information,

(b) misrepresent the purpose of a communication,

(c) misrepresent the identity of the collector or, if different, the creditor, or

(d) use, without lawful authority, a summons, notice, demand, or other document that suggests or implies a connection with any court inside or outside of Canada.

Additional prohibited practices

124  A collector must not commit or engage in a prescribed act or practice.

Division 2 — Collection Agents and Debt Poolers

Definitions

125  In this Division:

"bailiff" means a person, whether in British Columbia or not, who in the course of business acts, or assists a person to act, on behalf of another person in repossessing, distraining or seizing any personal property or in evicting a person from property;

"collection agent" means a person, whether in British Columbia or not, who

(a) in the course of business collects or attempts to collect payment of a debt for another person, or

(b) in the course of business takes an assignment of a debt due to another person for the purpose of collecting or attempting to collect payment of the debt,

and includes a bailiff;

"debt pooler" means a person, whether in British Columbia or not, who in the course of business arranges or operates a debt pooling system;

"debt pooling system" means an arrangement or procedure under which a debtor pays to a debt pooler money to be distributed or paid, according to a system, by that debt pooler to 3 or more creditors of the debtor.

Accounting for and payment of money collected

126  (1) In this section, "administrator" has the same meaning as in the Unclaimed Property Act.

(2) A collection agent or debt pooler must do the following without notice or demand:

(a) account for and pay the money collected, less the collection agent or debt pooler's proper charges, to the creditor on whose behalf the money was collected

(i)   within 30 days after the end of a month during which the collection agent or debt pooler collected $100 or more for a creditor, or

(ii)   within 60 days after the end of a month during which the collection agent or debt pooler collected less than $100 for a creditor;

(b) if the collection agent or debt pooler cannot locate the creditor within the applicable period of time under paragraph (a), pay the money, without deduction, within 60 days to the debtor from whom it was collected;

(c) if the collection agent or debt pooler has collected from a debtor more money than the amount owing to the debtor's creditors, pay any surplus money, without deduction, within 60 days to the debtor;

(d) if the collection agent or debt pooler cannot locate the debtor to whom money is due under paragraph (b) or (c), pay the money to the administrator within 7 days after the end of the applicable period of time under those paragraphs.

(3) If the director, or a creditor or debtor who is entitled to money collected, makes demand, the collection agent or debt pooler must immediately account for the money collected and pay it to the person who is entitled under this section.

(4) Money paid to the administrator under subsection (2) (d) is deemed to be an unclaimed money deposit under the Unclaimed Property Act.

Debt pooling

127  (1) If, under a debt pooling system, a debtor pays money to a debt pooler for distribution to the debtor's creditors, that debt pooler

(a) must not act for or represent any of the creditors, and

(b) is deemed to act for and represent the debtor.

(2) A contract between a debt pooler and a debtor must be in writing and signed by the debtor.

(3) A debt pooler must not charge fees or disbursements in excess of the prescribed amount.

Collection agent and bailiff fees and disbursements

128  (1) A collection agent must not charge the collection agent's fees and disbursements to a debtor except as authorized by an enactment.

(2) For the purposes of subsection (3), a bailiff's reasonable fees and disbursements are deemed to be part of the amount owing by the debtor.

(3) A bailiff may collect the amount of the debt from the debtor instead of repossessing, distraining or seizing any personal property.

(4) Despite an agreement to the contrary between a debtor and a creditor,

(a) any charges, except fees and disbursements deemed under subsection (2) and charges authorized under section 75 (b) [default charges], made or incurred by a collection agent or made or incurred by a creditor in employing a collection agent to collect a debt, are not part of the amount owing by the debtor, and

(b) a collection agent must not collect from the debtor any charges that are not part of the amount owing by the debtor.
 

What is a Collector?

In British Columbia (BC) there are two types of collectors – 1st party collectors and 3rd party collectors. 1st party collector is trying to collect their own debt. An example of this would be a store that is owed money and they contact the debtor directly asking for payment. Although they do not have to be licensed by Consumer Protection BC, laws regarding collection practices still apply.

3rd party collectors are debt collection agencies that have been hired by a creditor to collect a debt for them. They also have to follow the law and must be licensed by Consumer Protection BC if they are collecting debts from debtors located in British Columbia.

If you live in BC and are being contacted about a debt, the collector must follow BC law no matter where they are located.

What Are Prohibited Collection Practices?

The law is meant to ensure that debt collectors treat collectors in a fair manner and there are certain practices that a debt collector must not do:

Debt Collectors Are Not Allowed To:

  • communicate with or try to collect money from you if you have notified both the collection agency and creditor that you dispute the debt
  • communicate with or try to collect money from you if you have notified the collection agency that you are being contacted about a debt owed by somebody else.
  • collect or try to collect more money than you owe;
  • try to collect without a proper license;
  • phone you collect or ask that you send the money in a method that includes charges to you, i.e. wire transfers, etc;
  • talk to your employer except under certain circumstances such as to confirm your employment, personal contact information or if they have been unable to contact you at home;
  • give you a document that appears to be an official court document when it isn't.

For more information on your rights around debt collection please view our debt collection legislation and read our frequently asked questions or visit our debt collections complaints page. If you have any further questions you can call our inquiry centre at 1 888 564 9963.

 

Business Practices and Consumer Protection Act

[SBC 2004] CHAPTER 2

Click to open link directly to that section on government of bc website

Assented to March 31, 2004

Contents
Part 1 — Definitions and Application
    1 Definitions
    2 Application of this Act
    3 Waiver or release void except as permitted
Part 2 — Unfair Practices
  Division 1 — Deceptive Acts or Practices
    4 Deceptive acts or practices
    5 Prohibition and burden of proof
    6 Advertising
  Division 2 — Unconscionable Acts or Practices
    7 Application of this Division
    8 Unconscionable acts or practices
    9 Prohibition and burden of proof
    10 Remedy for an unconscionable act or practice
  Division 3 — Unsolicited Goods or Services
    11 Definition and interpretation
    12 Unsolicited goods or services
    13 Material change resulting in unsolicited goods or services
    14 Consumer's remedy if unsolicited goods or services
Part 3 — Rights of Assignees and Guarantors Respecting Consumer Credit
    15 Assignee's obligations
    16 Guarantor has same rights as consumer
Part 4 — Consumer Contracts
  Division 1 — Definitions and Application
    17 Definitions
    18 Application
  Division 2 — Direct Sales, Future Performance and Time Share Contracts
    19 Required contents
    20 Direct sales contracts
    21 Direct sales contract — cancellation
    22 Credit agreement respecting direct sales contract
    23 Future performance contract
    24 Continuing services contract — terms
    25 Continuing services contract — cancellation
    26 Time share contract
    27 Refunds by supplier on cancellation
    28 Return of goods by consumer on cancellation
  Division 3 — Preneed Cemetery or Funeral Services, Funeral and Interment Right Contracts
    29 Definition
    30 Prohibition on solicitation
    31 Requirement for schedule of rates
    32 Requirement to give accurate information
    33 Prohibited charges respecting containers
    34 Funeral contract
    35 Preneed cemetery or funeral services contract —initial disclosure statement
    36 Preneed cemetery or funeral services contract
    37 Special provisions for right of interment
    38 Preneed cemetery or funeral services contracts — refunds on cancellation
    39 Preneed cemetery or funeral services contract — failure to provide services
    40 Money received under contract to be held in trust
    41 Funds exempt from seizure
    42 Restrictions on representations respecting right of interment
    43 Interment right contract
    44 Rights not held by interment right holder
    45 Refunds by supplier on cancellation
  Division 4 — Distance Sales Contracts
    46 Disclosure of information
    47 Distance sales contract in electronic form
    48 Copy of distance sales contract
    49 Cancellation of distance sales contract
    50 Refunds by supplier on cancellation
    51 Return of goods by consumer on cancellation
    52 Consumer's recourse regarding credit card charges
  Division 5 — General
    53 When goods and services supplied
    54 How to give notice of cancellation
    55 Recovery of refund
    56 Cancellation of preauthorized payments
Part 4.1 — Prepaid Purchase Cards
    56.1 Definitions
    56.2 No expiry date
    56.3 Fees prohibited except as permitted by regulation
    56.4 Information to be provided
    56.5 Regulations respecting prepaid purchase cards
Part 5 — Disclosure of the Cost of Consumer Credit
  Division 1 — Definitions and Application
    57 Definitions
    58 Application of this Part
  Division 2 — Advertising
    59 Disclosure in advertisements
    60 Advertising requirements applicable to fixed credit
    61 Advertising requirements applicable to open credit
    62 Advertising interest-free periods
    63 Advertising requirements applicable to leases
    64 Advertising a representative transaction
  Division 3 — Disclosure Requirements Applicable to All Credit Agreements
    65 Definitions
    66 Disclosure statements must be given
    67 Form of disclosure statements and statements of account
    68 Giving of documents if multiple borrowers
    69 Estimates and assumptions
    70 Inconsistency between disclosure statement and credit agreement
  Division 4 — Rights and Obligations of Borrowers and Credit Grantors
    71 Borrowers may choose insurer
    72 Borrowers entitled to mortgage discharge
    73 Borrowers may cancel optional services
    74 Prepayment of credit
    75 Default charges
    76 Invitation to defer payment
    77 Acceleration clauses
  Division 5 — Credit Arranged by Loan Brokers
    78 Definition
    79 Non-business credit grantors
    80 Business credit grantors
  Division 6 — Disclosure Required in Relation to Fixed Credit
    81 Definition
    82 Application of this Division
    83 Credit sales
    84 Initial disclosure statements for fixed credit
    85 Disclosure regarding changes in interest rate
    86 Disclosure regarding increases in outstanding principal
    87 Disclosure regarding amendments
    88 Disclosure regarding renewals
    89 Disclosure regarding mortgage loan renewals
  Division 7 — Disclosure Required in Relation to Open Credit
    90 Application of this Division
    91 Initial disclosure statements for open credit
    92 Statements of account
    93 Description of transactions, charges, payments or credits
  Division 8 — Credit Cards
    94 Definitions
    95 Application of this Division
    96 Credit cards may be issued only on application
    97 Applications for credit cards
    98 Additional disclosure for credit cards
    99 Limitation of cardholder's liability
  Division 9 — Leases of Goods
    100 Definitions
    101 Disclosure required in relation to leases
    102 Maximum liability under residual obligation leases
  Division 10 — General
    103 Definitions
    104 Refund of overpayment
    105 Credit grantor must compensate borrower for contravention
Part 6 — Credit Reporting
    106 Definitions
    107 Consent for report
    108 To whom reports may be given
    109 Contents of reports
    110 Notice of denial of benefit or increase of cost of benefit
    111 Explanation
    112 False or misleading information
Part 6.1 — Payday Loans
    112.01 Definitions
    112.02 Limits on total cost of borrowing — payday loans
    112.03 Prohibitions respecting interest charges
    112.04 Fees, penalties and charges prohibited unless allowed by regulation
    112.05 Payday loan cancellation rights
    112.06 Payday loan agreements: required terms and disclosure statements
    112.07 Application of payments, entitlement to prepay loan and receipts for payments
    112.08 Other prohibited payday lender practices
    112.09 Payout of balances on cash cards
    112.10 Remedies
    112.11 Application of Part 6.1 to savings institutions
Part 7 — Debt Collection
  Division 1 — Prohibited Debt Collection Practices
    113 Definition
    114 Harassment
    115 Disclosure to debtor
    116 Communication with debtor
    117 Communication with persons other than debtor
    118 Time of communication
    119 Cost of communication
    120 Collection from person not liable for debt or in excess of amount of debt
    121 Legal proceedings
    122 Removal, seizure, repossession and distress
    123 False or misleading information and misrepresentations
    124 Additional prohibited practices
  Division 2 — Collection Agents and Debt Poolers
    125 Definitions
    126 Accounting for and payment of money collected
    127 Debt pooling
    128 Collection agent and bailiff fees and disbursements
Part 8 — Compensation Funds and Consumer Advancement Fund
  Division 1 — Compensation Funds
    129 Definition
    130 Establishment and continuation of compensation funds
    131 Payments to compensation fund
    132 Claims against compensation fund
    133 Payments from compensation fund
    134 Assignment of rights
    135 Claimant must repay compensation fund for money received from another source
    136 Contributor must repay compensation fund for claims caused by contributor
    137 Powers and duties of director
    138 If administrative authority is director
  Division 2 — Consumer Advancement Fund
    139 Establishment of Consumer Advancement Fund
    140 Payments from Consumer Advancement Fund
    141 If administrative authority is director
Part 9 — Licences
    142 Definition
    142.1 Designated activities
    143 Licence required
    144 Application for licence
    145 Licences
    146 Actions by director respecting licence
    147 Opportunity to be heard and reconsideration
    148 Trust account required by licensee
Part 10 — Inspections and Enforcement
  Division 1 — Inspections
    149 Inspections
    150 Inspection powers
    151 Inspection powers — additional powers of director
    152 Inspection under warrant
    153 Records or things retained
  Division 2 — Undertakings, Compliance Orders and Direct Sales Prohibition Orders
    154 Undertakings
    155 Compliance orders
    156 Direct sales prohibition orders
    157 Filing undertakings or orders in Supreme Court
  Division 3 — Appointment of Receivers and Property Freezing Orders
    158 Receivers and trustees
    159 Order to freeze property
    160 Payment into court
    161 Notice filed in land title office
    162 Application to court respecting property freezing order or filed notice
    163 Application to court for disposition of property frozen
  Division 4 — Administrative Penalties
    164 Administrative penalties
    165 Amount of penalty
    166 Notice of penalty
    167 Due date of penalty
    168 Enforcement of administrative penalty
    169 Revenue from administrative penalties
    170 Limitation period
  Division 5 — Court Proceedings
    171 Damages recoverable
    172 Court actions respecting consumer transactions
    173 Notice to director
Part 11 — Administration
    174 Definition
    175 Director
    176 Inspector
    177 Administrative agreement with administrative authority required
    178 Designation does not make administrative authority an agent of the government
    179 Power of administrative authority to set fees
Part 12 — General
  Division 1 — Reconsiderations
    180 Definition
    181 Reconsideration by director
    182 Powers of director on reconsideration
  Division 2 — How to Give or Serve Documents
    183 How to give or serve documents generally
    184 When documents are considered to have been received
  Division 3 — Disclosure of Information and Evidence in Proceedings
    185 Confidentiality
    186 Publication by director
    187 Admissibility of parole evidence
    188 Certificate as proof of ministerial consent or appointment
Part 13 — Offences and Penalties
    189 Offences
    190 Penalty
    191 Additional penalty — Consumer Advancement Fund
    192 Compensation to consumer
    193 Limitation period
Part 14 — Regulations
    194 General power to make regulations
    195 Preneed cemetery or funeral services, funeral and interment right contracts
    196 Disclosure of the cost of consumer credit
    197 Credit reporting
    197.1 Payday loans
    198 Compensation funds
    199 Licences
    200 Administrative penalties
    201 Authority in relation to regulations
Part 15 — Transitional Provisions, Repeals and Consequential Amendments
    202 Definitions
    203 Transitional — contracts
    203.01 Transitional — prepaid purchase cards
    203.1 Repealed
    204 Transitional — exemption from section 40 for Gardens of Gethsemani
    205 Transitional — trust accounts
    206 Transitional — claims under the Travel Assurance Fund
    207 Transitional for Part 5 — disclosure of the cost of consumer credit
    208 Transitional — licences issued under the former Acts
    209 Transitional — enforcement
    210 Transitional — persons acting under former Acts
    211 Transitional — regulations
  212  Repeals
  213–235  Consequential Amendments
  236–237  Amendments to this Act
    238 Commencement
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