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Collection Agency Rules PEI

CHAP
The Fat Diminisher
TER C-

Consumer Complaints - Goods and Services

As a consumer, there are times when you feel that you received poor customer service or that you need to return something that isn’t working. Don’t be afraid to complain. It is the consumers' right, duty, even responsibility to let the company know about it. The company would rather you complain to them and give them a chance to correct the problem than tell your friends of the situation giving them reason not to patronize the business. Businesses know that a satisfied customer is a loyal customer who will come back and tell others to come as well so it is in the company’s best interest to keep consumers happy.

If you have a complaint there are steps to take to resolve the problem:

  1. Put your complaint in writing - making a phone call won’t have nearly as much impact as a letter will, but if you do make a call, keep a written log of who you spoke to and the date and time as well as what was said.
  2. Be clear, stating exactly what the problem is and how you would like it resolved. Be reasonable when requesting your resolution. This gives the business something to work with, a choice, they can either give you what you want or not.
  3. Find out to whom you need to write the letter. Maybe a good idea is the store manager with a copy to the owner.
  4. Stick to the facts. Maintain your cool and don’t be rude or insulting. Exaggerating or getting angry won’t help and may even harm your situation. You get more bees with honey than vinegar.
  5. Be sure to include serial, model or brand name and number of the product and the times and names of anyone who was involved.
  6. Include anything you’ve done so far to correct the problem, including calls made and people you’ve spoken to.
  7. Include copies of receipts, warranties, repair invoices, etc. Keep the originals.
  8. We recommend sending your complaint by registered mail and requesting a reasonable deadline for a response.
  9. If you don’t receive satisfaction then contact the manufacturer.
  10. If you still do not receive satisfaction, then contact the Consumer Services Section of the Department of Justice and Public Safety at (902) 368-4580 or toll free at 1-800-658-1799.
Consumer Services will take complaints regarding local businesses and services. The staff do not act as consumer advocates but rather take complaints and try to help consumers by either doing some informal mediation to resolve a problem or by directing consumers to the appropriate department or agency. Complaints should be received in a written format outlining the events that have occurred and the relief that is desired. Complaints are to be mailed to Consumer Services Section, Department of Justice and Public Safety, PO Box 2000, Charlottetown, PEI, C1A 7N8. The telephone number is 368-4580 or toll free (Island residents only) at 1-800-658-1799. A sample letter of complaint is attached.

IN ADDITION the Consumer Services Section will take questions and complaints regarding the Legislation it administers which include: The Lottery Schemes Order, The Direct Sellers Act, The Collection Agencies Act, The Consumer Protection Act, The Business Practices Act, The Auctioneers Act, The Prearranged Funeral Services Act and The Cemeteries Act.

The 3 Week Diet
11
COLLECTION AGENCIES ACT
Made by the Lieutenant Governor in Council under the
Collection
Agencies Act
R.S.P.E.I. 1988, Cap. C-11
1.
An application for a license as a co
llection agency shall be in a form
approved by the Registrar of Collection Agencies. (EC450/95; 346/12)
1.1
An application for a license as a co
llector shall be in a form approved
by the Registrar of Collection Agencies. (EC346/12)
2.
An application for a license shall be accompanied by
(a) audited financial statements for
the most recent fiscal year of the
applicant;
(b) references require
d by the Registrar;
(c) the bond required by section 13 of the Act; and
(d) copies of forms used in the transaction of business. (EC450/95;
346/12)
3.
The surety bond required under section 13 of the Act shall be in the
amount of $5,000 and issued by a recognized surety company.
(EC450/95)
4.
Every license expires two years after the issuing thereof. (EC450/95)
5.
No collection agency
or collector shall
(a) collect or attempt to collect
for a person for whom it acts any
moneys additional to the debt owing by the debtor;
(b) send a telegram or telephone a debtor for which charges are
payable by the addressee or person called to demand payment of a
debt;
(c) include debtors’ spouses in c
ourt actions and other attempts to
collect outstanding accounts when only one party is liable for the
debt;
(d) use any unauthorized name or signature
(e) conduct inquiries
(i) through persons other than the debtor to demand payment of a
debt, or
(ii) at the debtor’s place of
employment, for any purpose in
relation to the debtor, except with his approval;
Application
Application form
Documentation
Bond
Duration
Prohibited activities
2 Cap. C-11
Collection Agencies Act
Updated 2012
Regulations
2
(f) use coercive language, cite loss of employment or loss of
community ranking, or intrude upon the debtor’s privacy of home
and family by making personal or phone contacts except between 8
a.m. and 9 p.m.;
(g) use any notice having the genera
l appearance of a form used in
any court in the province;
(h) threaten to proceed
with any action for which he does not have
lawful authority;
(i) use any form not filed with the Registrar;
(j) make such frequent communication as to constitute harassment;
(k) give any false or misleading information detrimental to a debtor,
or any information that may a
dversely affect the debtor’s
employment or that of any member of his family;
(l) communicate with the debtor’s employer, relatives, neighbours or
friends, except to obtain the debtor’s address. (EC450/95

 
 
 
 
 
 
 
 
 
 
 
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
inform
ation 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 vari
able 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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2. Share this website with your emails simply copy and pase the following link:
http://www.myskipassist.com/makecollectionagencysstopcalling.php
3. If you think someone you know is being harrased, intimidated or bullyed in any other way. Help them send
do not call letter.
4. Help them file a ministry complaint by clicking the province they live in and sending in the complaint form.
5. If you are financialy able to make a donation to our cause you can feel good knowing the donation money is going to good use helping us end
collection agency bullying and harrasment for good. To make a donation please click the button below.



You can also support us by purchasing one of the offers listed below, this way you can get something for youself and at the same time make a donation. We appriciate any help no matter how small. We can also mention your name or buisness name on our donation page, we would really like to have some reputible credit councilleers and trustee's listed as
well or any other person or buisness that would like to donate. If you don't want to be listed that is fine too.
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