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Collection agency rules in Yukon Territories

 For Consumers

Dealing with collection agencies

 

  Consumer Protection Act [802KB ].


Community Affairs - Municipalities, Municipal Elections, Yukon Communities, Gas Tax Fund
Phone: (867) 667-8334

 


Corporate Affairs - Societies, Securities, Business Corporations
Phone: (867) 667-5314
Email: corporateaffairs@gov.yk.ca

 

 

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“if you are behind in payments, the credit lender may hand your account over to a collection agency for collection”

What is a collection

agency?

A collection agency is a business that is

hired by a credit lender to collect unpaid

accounts.

Collection Agencies will obtain or

arrange for payment of money owed by

debtors on credit accounts extended by

a business or person for the purchase of

its goods or services.

Employees working for collection

agencies as bill collectors are known as

“collection agents.”

Credit grantors with staff who work on

collection of their own accounts

are not collection agents and

are not regulated

by the Consumer Protection Act

 

.

How does a collection

agency work?

Some collection agencies operate as

agents of other businesses or persons

(creditors) and collect debts for a fee or

percentage of the total amount owed.

Others work on their own account,

purchasing debts from a creditor for less

than the dollar amount of the debt and

actively pursue the debtor to make their

payments..

What a collection agency

can and cannot do

Â

Agents may contact you at home or

at work to try to collect the debt. Phone

calls can be made between 7:00 a.m.

and 9:00 p.m. daily except on Sundays

or statutory holidays when no contact is

allowed.

Â

Agents must not make calls with such

frequency that it could be considered

harassment.

Â

Agents must not give false or

misleading information (e.g. summons).

Â

Agents must not collect an amount

greater than the sum of the amount

actually owing.

Â

Agents must not collect from the

debtor any fee or commission payable

by the credit grantor .

Page 2

Â

Agents must not make any collect

calls or use any other method of contact

that reverses the payment of this

contact to the debtor.

Â

Agents must not use threats of legal

action, including seizure of goods, in the

absence of filed court documents.

Â

Agents must respect confidentiality –

they can only discuss the details of your

debt with you and the creditor.

If a collection agent

contacts you

If you have been notified that an

account has been turned over to a

collection agency, remember that the

agency just wants to collect the money

you owe. Options that you can explore

with the agent include:

- pay the money owed;

- negotiate alternative methods of

repayment and follow-up with your

plan in writing;

- make payments in installments and

keep documentation to prove payment

(i.e. cancelled cheque, copy of money

order).

Your rights

You have statutory rights when dealing

with a collection agency and collection

agents – even if you owe money and

cannot pay.

The

Consumer Protection Act

applies to

collection agencies and the people

working for them as collection agents.

This

Act

requires all collection agencies

and agents to be licensed in Yukon.

If you owe the money,

but are unable to keep up

with the payments

If you are having problems paying your

bills, contact your creditors as soon as

possible. Try to make arrangements

before your account is turned over to a

collection agency.

Often collection agencies will demand

full payment of the debt in a short-time

frame. It may not be possible to pay off

your debt at this time. You may want to

suggest making regular payments that

you can afford.

Alternately, you may wish to arrange

confidential credit counseling.

Help for your financial

problems

If your financial problems are getting out

of hand, you should consider contacting

The Credit Counseling Society for help.

This organization can provide services

such as confidential financial

counseling, arrangements with creditors,

budget planning, alternatives to

bankruptcy.

For a free, confidential counseling

session, call 1-604-527-8999, or

1-888-527-8999. The website is:

www.nomoredebts.org

Making a complaint to the

credit agency

Page 3

If you are having problems with the

conduct of a collection agent, your first

step is to take your concerns to the

supervisor or manager of the Collection

Agency.

Be prepared to provide all relevant

information related to your complaint.

This information may include times,

dates contacted, agent’s name, nature

of the conduct, and any other

information relevant to your complaint.

Registering a complaint

at Consumer Services

If you are not satisfied with the

Collection Agency’s reply to your

complaint you may register a complaint

with Consumer Services

. Your

complaint must be in writing and

delivered to Consumer Services, P.O.

Box 2703, Whitehorse, Yukon, Y1A

2C6; or hand delivered to Consumer

Services, 2134 – 2

nd

Avenue (3

rd

Floor).

Glossary

Collection Agency: business hired to

collect on unpaid accounts.

Collection Agent: employee of a

collection agency who works as a bill

collector.

Credit Lender: a business or person that

allows you to purchase goods or

services on credit.

Debtor: a person who buys goods or

services and charges the costs of this

transaction on credit.

Need more information?

Consumers can learn more about their

rights and responsibilities under the

Consumer Protection Act

by contacting

Consumer Services

at 667-5111, or

toll-free outside of Whitehorse,

1-800-661-0408.

Th

ge

e information contained in this fact sheet is of a

neral nature only and should not be regarded as

a substitute for a reference to the legislation or

professional advice.

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Debt collectors Information, debt collector is a term for a licensed bill collector and debtor is term for person in debt which is secured or unsecured debt

get out of debt, how can you be debt free

credit card debt and all other unsecured debt


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