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Collection Agency Rules Newfoundland & Labrador

 

 

Complaint form http://www.servicenl.gov.nl.ca/consumer/collection/complaint_form.pdf
 
Collection Agencies

Collection Agency Definition

A Collection Agency means a person who:

  • Collects, offers or undertakes to collect debts for others;
  • Solicits accounts for collection;
  • Collects debts owed to him or her under a name which is different from the name of the creditor;
  • Mails to debtors or offers or undertakes to mail to debtors, on behalf of a creditor, collection letters;
  • For consideration or hope or promise of consideration, enters into an agreement under the terms of which the person agrees to pay to a vendor an amount in respect of goods or services sold or supplied by the vendor to a person other than the collection agency;
  • Offers or undertakes to act for a debtor in arrangements or negotiations with the debtors creditors;
  • Receives money periodically from a debtor for distribution to his or her creditors;
  • Sells or offers for sale a collection system, device or scheme intended to be used to collect debts;
  • Acts as an Independent Court Agent.

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Collection Agency Registration Procedure

Before operating in Newfoundland and Labrador a business entity wishing to provide the services of a Collection Agency, where applicable must comply with the following:

  • Complete a Collection Agency Application PDF (88 KB) and submit a registration fee of $300. Cheques are to be made payable to the Newfoundland Exchequer Account;
  • If the business entity is a corporation, be in good standing as a company. If the corporation is outside Newfoundland and Labrador then they must be registered as an extra provincial corporation in this province. Please refer to the Registry of Companies for more information;
  • Have a permanent place of business in the province which is:
    • Open during normal business hours;
    • Available for debtors to make payments, file complaints and conduct inquiries on their accounts;
    • Has a toll free telephone service.
  • Provide a Surety Bond PDF (30 KB) in the amount of $20,000;
  • Maintain a separate trust account in a financial institution in which the agency shall deposit all monies paid to it in trust for others;
  • Submit with the application, all forms of agreement, letters, instruments and documents which will be used in the collection of debts for approval with the application;
  • Submit a certified copy of the most recent balance sheet and auditor’s report of the business entity.

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Collection Agency Requirements

Registration remains in effect subject to the filing of an annual report and the payment of an annual $300 fee or until cancelled by the licencee or suspended or cancelled under the Act. The filing is due every 12 months from the effective date of the original licence. The annual filing form will be sent to your mailing address 60 days prior to the filing due date.

The Collection Regulations:
Code of Practice

12. (1) In accordance with the following Code of Practice, a collection agency or collector shall not, in an attempt to make collections,

  1. where the debtor is an employee, contact the debtor by telephone, mail or in person at the debtor's place of employment;
  2. contact the employer of the debtor without the debtor's consent;
  3. contact the debtor between the hours of 10 p.m. and 8 a.m. ;
  4. threaten to proceed with an action for which he or she does not have authority;
  5. use coercive language, threaten loss of employment or loss of community ranking;
  6. communicate in any manner with a debtor unless he or she has previously sent him or her a written notice;
  7. make telephone calls or personal calls or written communications of a nature or frequency as to constitute harassment of the debtor, his or her spouse or a member of his or her family; or
  8. except to obtain the debtor's address, communicate with acquaintances, friends, relatives or neighbours of the debtor, unless that person is surety for the debtor.

(2) A collection agency, collector, person or firm acting on behalf of a collection agency when contacting a debtor by telephone shall immediately upon contacting the debtor identify itself as a collection agency and shall in no way use a device, comment or statement to infer otherwise.”

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Debtor Information

If you are dealing with a Collection Agency regarding an outstanding debt and you feel the agency and/or its' collector is violating the Collections Act or Regulations you should contact the supervisor/manager of the agency in question and express your concerns about the way you are being treated. In the event that the matter cannot be resolved between you and the collection agency, we suggest you file a complaint with us. The complaint has to be registered by the person owing the debt. We cannot mediate third party complaints or legal cases where the complaint is in the process of court action. To mail or fax your complaint, please download the Complaint Record Form PDF (81 KB).

We do not advise consumers or offer counselling on financial issues. For information pertaining to credit counselling you may refer to the yellow pages of the telephone directory

^ Top of Page

Collection Agency Forms, Pamphlets and Information


 
 

PLEASE NOTE

This document, prepared by the Legislative Counsel Office

, is an office consolidation of this Act, current to May 30, 2012

. It is intended for information and reference purposes only.

This document is not the official version of the Act. The Act and the

amendments as printed under the authority of the Queen’s Printer

for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts

.

If you find any errors or omissions in this consolidation, please contact:

Legislative Counsel Office

Tel: (902) 368-4291

Email:

legislation@gov.pe.ca

1

  
CHAPTER C-19

CONSUMER PROTECTION ACT

1.

In this Act

(a) “borrower” means a person who received credit;

(b) “buyer” means a person who purchases goods or services on

credit and includes his agent, but does not include a person of a class

to whom this Act is declared by the regulations not to apply;

(c) “cash price” means the price inclusive of sales or other taxes

applicable;

(d) “cost of borrowing” means

(i) when used in relation to variable credit, the charges that the

borrower is required to pay monthly or periodically on the unpaid

balance from time to time, and

(ii) when used in relation to a form of credit other than variable

credit, the amount by which

(A) the total sum that the borrower is required to pay if the

payments required are made as they become due

exceeds

(B) in the case of credit given

by the advancement of money,

the sum actually received in cas

h by the borrower and by any

person on his behalf, including official fees and premiums for

insurance paid or payable by the lender at the request of the

borrower, or

(C) in the case of a sale of goods or services, the cash price of

the goods or services, official fees and premiums for insurance

paid or payable by the seller at the request of the buyer and the

sum remaining unpaid under a previous extension of credit,

where the buyer and seller agree that such amount is to be

consolidated therewith less the su

ms, if any, credited as a down

payment or in respect of a trade-

in or in respect of any other

matter;

(e) “credit” means credit for which a borrower is required to pay and

that is

(i) given under an agreement between a seller and a buyer to

purchase goods or services by which all or part of the purchase

price is payable after the ag

reement is entered into, or

(ii) given by the advancement of money,

(iii) given on the security of a mortgage of real property,

but does not include credit extended

Definitions

borrower

buyer

cash price

cost of borrowing

credit

2 Cap.

C-19

Consumer Protection Act

2

(iv) in respect of the sale of goods intended for resale, or

(v) for industrial or business purposes of the borrower or buyer,

except credit extended for principal use in fishing or farming

operations;

(f) “credit card” means a card, document or similar instrument by

which goods or services may be purchased on deferred payment, or

by means of which cash may be received;

(g) “goods” includes tokens, coupons

or other documents or things

issued or sold by a seller to a

buyer that are exchangeable or

redeemable for goods or services;

(h) “insurance” means insurance on th

e life or health of a borrower

or buyer, or on property charged to secure payment of the

indebtedness of a borrower or buyer to a lender or seller;

(i) “lender” means a person who extends credit;

(j) “Minister” means the Minister of

Environment, Labour and Justice

and

Atto

rney General;

(k) “official fees” means fees paid

or payable to a public official in

the province for the filing or registration of an instrument relating to

a credit transaction;

(l) “person” means an individual, an association of individuals, a

partnership or a corporation and includes an agent of any of them;

(m) “Registrar” means the Registrar of Credit;

(n) “regulations” means regulations made under this Act;

(o) “seller” means a person who is in the business of selling goods

or services to buyers and includes his agent, but does not include a

person or class of persons to whom this Act is by the regulations

declared not to apply;

(p) “trade-in” means consideration given by a buyer in a form other

than money or an obligation to pay money;

(q) “unsolicited credit card” means

a credit card receipt of which has

not been requested in writing by the person named therein;

(r) “unsolicited goods” means personal property, the receipt of

which has not been requested by the recipient, but does not include

personal property delivered to the

recipient that the recipient knew

or ought to have known was intended

for delivery to another person;

(s) “variable credit” means credit made available under an

agreement whereby

the lender agrees to make

credit available to a

credit card

goods

insurance

lender

Minister

official fees

person

Registrar

regulations

seller

trade-in

unsolicited credit

card

unsolicited goods

variable credit

Consumer Protection Act

Cap. C-19 3

3

borrower to be used from time to time at the option of the borrower,

and, without limiting the generality

of the foregoing, includes credit

arrangements, commonly known

as revolving credit accounts,

budget accounts, cyclical accounts

and other arrangements of a

similar nature. R.S.P.E.I. 1974, Cap. C-17, s.1; 1980, c.2, s.3; 1983,

c.1, s.6; 1983, c.7, s.1; 1985, c.3, s.1; 1985, c.10, s.1; 1993, c.29,

s.4; 1997,c.20,s.3; 2000,c.5,s.3; 2010,c.14,s.3

; 2012,c.17,s.2

.

2.

The Li

eutenant Governor in Council may appoint a person to be

Registrar. R.S.P.E.I. 1974, Cap. C-17, s.2.

3.

It is the function of the Registrar and he has power to

(a) investigate complaints regarding credit granting and persons

engaged in business as lenders;

(b) conduct studies, inquiries and surveys for the purpose of

obtaining information as to who are lenders in the province,

concerning their methods and practices of carrying on business, and

to keep himself informed of developments or changes in the

business of credit granting;

(c) consult with and cooperate w

ith lenders and other interested

persons and organizations to assist in the attainment of the purposes

of this Act;

(d) disseminate information respecting methods of obtaining or

granting credit, the practices of lenders, the costs of borrowing, the

facilities available for obtaining loans or credit, and such other

information as he considers desirable for the purpose of creating an

informed public;

(e) perform the duties and exercise the powers imposed or conferred

upon him by this Act or the regulations;

(f) perform such other functions as

are prescribed by the regulations

by the Lieutenant Governor in Council. R.S.P.E.I. 1974, Cap. C-17,

s.4.

4.

For the purpose of exercising his functions under this Act the

Registrar has all the powers, privileges and immunities of a

commissioner appointed under the

Public Inquiries Act

R.S.P.E.I. 1988,

Cap. P-31. R.S.P.E.I. 1974, Cap. C-17, s.4.

5.

The Registrar or a person authorized by him for the purpose may enter

the premises of a lender or any person who he has reasonable grounds to

believe is carrying on the business of a lender and inspect the records

and files of the lender or person and ma

ke copies of or take extracts from

any books, records or documents on those files. R.S.P.E.I. 1974, Cap. C-

17, s.6.

Registrar

Powers and

functions of

Registrar

Power of a

commissioner

Inspection of

records and files

4 Cap. C-19

Consumer Protection Act

4

6.

To assist the Registrar in performing his functions there shall be

appointed in accordance with the

Civil Service Act

R.S.P.E.I. 1988, Cap.

C-8 such auditors, accountants, inspectors, clerks and other persons as

are necessary. R.S.P.E.I. 1974, Cap. C-17, s.7.

7.

With the approval of the Lieutenant Governor in Council the Registrar

may engage solicitors, accountants, actua

ries, and other professionally or

technically qualified persons. R.S.P.E.I. 1974, Cap. C-17, s.8.

8.

(1) The Lieutenant Governor in Council may appoint advisory

councils to assist and advise the Registrar in the performance of his

functions.

(2) Separate advisory councils may be

appointed to assist and advise

respecting transactions relating to

different types of money lending and

credit granting.

(3) A provincial advisory council may be appointed from among the

members of separate advisory councils to assist in coordinating the

recommendations of separate councils.

(4) Each advisory council shall cons

ist of such number of persons as

the Lieutenant Governor in Council determines. R.S.P.E.I. 1974, Cap. C-

17, s.9.

Sections 9 to 13 are repealed by 1994, c.48, s.7.

14.

Where any person is making false, misleading or deceptive

statements relating to the extension of credit in any advertisement,

circular, pamphlet or similar material, the Registrar may order the

immediate cessation of the use of such material. R.S.P.E.I. 1974, Cap. C-

17, s.15; 1994, c.48, s.7.

15.

(1) Every contract for the sale of goods on credit in which the

purchase price, excluding the cost

of borrowing, exceeds $50 that is

made elsewhere than on the premises of the seller shall be in writing and

shall contain

(a) the name and address of the seller and the buyer;

(b) a description of the goods sufficient to identify the goods with

certainty;

(c) the price of the goods and a statement of the terms of payment;

(d) a statement of any security for payment under the contract,

including the particulars of any negotiable instrument, conditional

sale agreement, chattel mort

gage or any other security;

(e) any warranty or guarantee given by the vendor applying to the

goods, which warranty or guarantee may be contained in or attached

to, or form part of the contract; and

Appointment of

assistants

Technical persons,

employment of

Advisory councils

Types of advisory

councils

Provincial advisory

council

Composition

Effect of using false

statements, etc.

Disclosures in

contract for sale of

goods on credit

Consumer Protection Act

Cap. C-19 5

5

(f) any other matter require

d by the regulations.

(2) Immediately after the execution of a contract under subsection (1)

the seller shall deliver a true copy of

the contract to the buyer. R.S.P.E.I.

1974, Cap. C-17, s.16.

16.

(1) Where a lender makes to a borro

wer a loan, the cost of borrowing

in relation to the loan, expressed as

an annual percentage rate, shall be

disclosed by the lender to the borrower in a separate statement in the

form prescribed in the regulations.

(2) Where a loan referred to in subsec

tion (1) is subject to variations in

the annual percentage rate, the lender shall

(a) at the time of the loan, disclose

(i) the cost of borrowing, expressed as an annual percentage rate

or the manner of determining the annual percentage rate,

(ii) that the rate is liable to change and the basis on which the

change will occur,

(iii) the manner of calculating the cost of borrowing;

(b) upon a change in the rate, within five weeks of the change, notify

the borrower in writing of

(i) the revised rate,

(ii) the effective date of the change,

(iii) any other modifications to the loan consequent on the change

in rate;

(c) annually issue to the borro

wer a written statement showing

(i) the number and total amount of payments made during the

year,

(ii) the amount applied to the cost of borrowing,

(iii) the amount of principal repaid,

(iv) the amount of principal outstanding.

(3) Where a loan referred to in subsection (1) is not subject to

variations in the annual percentage rate, the lender shall

(a) at the time of the loan, disclose to the borrower

(i) the cost of borrowing, expressed as an annual percentage rate

or the manner of determining the annual percentage rate, and

(ii) the manner of calculating the cost of borrowing; and

(b) annually issue to the borrower

a written statement containing the

information set out in subc

lauses (2)(c)(i) to (iv).

(4) Where a lender extends variable

credit by use of a payment, credit

or charge card, the lender shall disclose to the borrower

(a) the maximum aggregate amount of credit available through use

of the card;

Delivery of true

copy

Disclosure of cost

of borrowing

Variable rate loans

Fixed rate loans

Variable credit,

charge cards

6 Cap. C-19

Consumer Protection Act

6

(b) the term of each period for which a statement of account is

furnished;

(c) the amount in dollars and cents of any service, transaction or

activity charge and the manner in which it is calculated;

(d) the manner, if any, in which the borrower may discharge his

obligations without incurring any cost of borrowing;

(e) the cost of borrowing expresse

d as an annual percentage rate;

(f) the maximum liability of the borrowe

r in the event the card is lost

or stolen;

(g) the manner in which the cost of borrowing is calculated,

and shall

(h) not less frequently than every

five weeks, furnish the borrower

with a clear statement in writing s

howing, in respect of the period

covered by the statement, the opening and closing balances, the

amount of each extension of credit,

sums credited to the account and

the cost of borrowing expressed in dollars and cents;

(i) give advance notice to the borrower of any variation in the terms

referred in clauses (b) to (g) at leas

t thirty days before the variation

becomes effective. R.S.P.E.I. 1974, Cap. C-17, s.17; 1985, c.10, s.2.

17.

(1) No person shall issue or deliver unsolicited credit cards or deliver

unsolicited goods to a person who has not requested such credit card or

goods.

(2) A credit card that renews or re

places another credit card previously

used or requested by the person

receiving the same shall not be

considered to be an unsolicited credit card within the meaning of this

section. R.S.P.E.I. 1974, Cap. C-17, s.19.

18.

(1) Where a loan is prepaid before its due date, the lender shall not

impose any charge or penalty in relation to the prepayment.

(2) Subsection (1) does not apply to a loan secured by a mortgage of

real property. R.S.P.E.I. 1974, Cap. C-17, s.20; 1985, c.10, s.4.

19.

(1) Notwithstanding subsection 18(2) or any stipulation to the

contrary, where a mortgagor is entitled to redeem a mortgage or where

the mortgagee demands payment of a mortgage by the mortgagor, the

mortgagor, upon payment of any balance outstanding in respect of the

mortgage, may require the mortgagee, instead of giving a release of the

mortgage, to assign the mortgage to such third person as he directs, and

the mortgagee is bound to assign accordingly.

(2) The fee imposed by a mortgagee

for the assignment of a mortgage

pursuant to subsection (1) shall not

exceed $25 or such greater sum as

the Minister may specify by

notice published in the Gazette.

Unsolicited credit

cards

Renewals not

included in ss(1)

Prepayment without

penalty

Mortgages

Assignment,

obligation of

mortgagee

Fee

Consumer Protection Act

Cap. C-19 7

7

(3) This section does not apply if the mortgagee is or has been in

possession. 1987, c.12, s.1.

20.

(1) No lender shall publish or cause to be published, whether in print

or by radio or television broadcast or otherwise, any representation of a

charge for credit that does not disclose

the full cost of borrowing, stated

as an annual percentage rate expre

ssed in the manner required by section

16.

(2) Unless permitted by the regulations where a lender represents or

causes to be represented in a printing, broadcast or other publication, any

terms of a credit transaction other th

an a charge for credit, the lender

shall also include or cause to be included all other relevant terms of the

credit transaction including

(a) the sum to be actually receive

d in cash by the borrower or the

actual cash price of the goods;

(b) the amount of the down payment, if any;

(c) the amount of each instalment; and

(d) the number of instalments required to repay the total

indebtedness including the cost of borrowing.

(3) No lender shall represent his char

ge for credit or cause such charge

to be represented unless the representation includes the full cost of

borrowing and is expressed in th

e manner required by section 16.

R.S.P.E.I. 1974, Cap. C-17, s.21.

21.

This Act applies notwithstanding any agreement or waiver to the

contrary. R.S.P.E.I. 1974, Cap. C-17, s.22.

22.

Except as otherwise provided in this Act, the assignee of any rights

of a credit grantor in any transaction to which this Act applies has no

greater rights than, and is subject to the same obligations, liabilities and

duties as, the assignor, and this Act applies equally to such an assignee,

but the liability of the assignee is

limited to the total amount owing under

the agreement at the date of assignment. R.S.P.E.I. 1974, Cap. C-17,

s.23.

23.

The rights of a buyer or borrower

under this Act are in addition to

any rights of the buyer or borrower under any other Act or by the

operation of law and nothing in the Ac

t shall be construed to derogate

from such rights. R.S.P.E.I. 1974, Cap. C-17, s.24.

24.

(1) Every person who violates or fails to comply with any provision

of this Act or the regulations or an

order or direction given under this Act

or the regulations and every director of a corporation who knowingly

concurs in a violation or failure to comply with any provision of this Act

or the regulations or an order or direction given under this Act or the

Application

Advertising charge

for credit

Disclosure of terms

in advertising

Disclosure of full

costs of borrowing

Application of Act

Assignee, rights

Rights under this

Act are additional

Penalties

8 Cap. C-19

Consumer Protection Act

8

regulations is guilty of an offence

and liable on summary conviction to a

penalty of not more than $2,000 or to imprisonment for a term of not

more than one year, or both.

(2) Where a corporation is convicted of an offence under subsection

(1) it is liable to a penalty of not more than $25,000. R.S.P.E.I. 1974,

Cap. C-17, s.25.

25.

Notwithstanding any other Act, any information for an offence under

this Act may be laid at any time within three years from the time when

the offence or act was committed. R.S.P.E.I. 1974, Cap. C-17, s.26.

26.

Repealed by 1994, c.48, s.7.

27.

Any person aggrieved by a decision, order or direction of the

Registrar may within thirty days af

ter receiving notice of the decision,

order or direction, appeal therefrom to a judge of the Supreme Court and

the judge on the hearing of the appeal may confirm, vary or set aside the

decision, order or direction. R.S.P.E.I. 1974, Cap. C-17, s.28; 1981, c.36,

s.4.

28.

The Lieutenant Governor in Council may make regulations

(a) - (e) repealed by 1994, c.48, s.7;

(f) declaring that this Act does not a

pply to a buyer or seller or class

of buyers or sellers, or to a borrower or lender or a class of

borrowers or lenders;

(g) providing for approval of forms of agreement, assignments and

other instruments and documents to be used by lenders;

(h) requiring any class of lenders to submit forms of credit

agreements, instruments and other documents used by him or them

to the Registrar for approval;

(i) requiring the use by lenders of credit agreements, instruments and

other documents that are in a form approved by the Registrar and

prohibiting the use by any class of lenders of such agreements,

instruments or documents that are not in a form approved by the

Registrar;

(j) prescribing the manner in which

the cost of borrowing stated as a

percentage shall be calculated and

expressed by any class of lenders

which may be different

for different classe

s of lenders or for

different types of businesses carried on by lenders;

(k) regulating forms of advertising by lenders relating to the

extension of credit;

(l) prescribing the form and content of records relating to lending to

be kept by lenders, and the length of time for which they must be

kept;

(m) - (n) repealed by 1994, c.48, s.7;

Corporation

convicted

Information may be

laid, when

Prima facie

evidence

Appeals from

decision of

Registrar

Regulations

Consumer Protection Act

Cap. C-19 9

9

(o) prescribing fees for searches,

certificates and other matters or

services rendered or supplied by the Registrar;

(p) prescribing rules of conduct governing the collection of debts by

persons who extend credit, their agents or employees, including the

regulation or prohibition of the use of certain methods of collection.

R.S.P.E.I. 1974, Cap. C-17, s.29; 1983, c.7, s.3; 1985, c.10, s.5;

1994, c.48, s.7.

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