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Consumer Protection Branch |
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Credit |
Credit Reporting
When Cindy applied for a loan for home improvements she was
turned down. Her credit report indicated she was in arrears on one
debt and up for collection on another. Cindy had never borrowed
money from either of the lending institutions mentioned in the
report.
When you apply for credit the lender usually checks your past
record of payment, also known as your credit rating, which is kept
on file by a credit reporting agency. Under
The
Credit Reporting Act consumers can find out what
information the lender has about them.
The Credit Reporting Act requires the agency to
provide you with an accurate summary of the information. If the
information is wrong or out of date, you can request that the
credit reporting agency investigate the matter. If the agency
finds that the information is wrong, they must change it and
notify everyone who received the information in the past year. If
the agency says the information is correct, you may file a
statement of dispute and the agency must then notify everyone
given that information over the past year that it is being
disputed.
Where can I find a credit reporting agency?
Consult the yellow pages of your phone book under Credit
Bureaus or Credit Reporting Agencies.
Who can ask for and receive a copy of my credit report?
A credit reporting agency can only reveal the contents of your
file or give a credit report to the following people or agencies:
- someone who needs the information with respect to your
application for credit, insurance, employment, tenancy or other
legitimate business purpose;
- the assignee of an agreement for credit, insurance or
tenancy;
- any federal, provincial or municipal government agency or a
police officer acting on behalf of a government agency;
- yourself (the consumer who is the subject of the report).
Is there any information about my credit history that cannot be
included in a credit report?
The following information cannot be included in a credit
report:
- information about a bankruptcy that is more than 14 years
old;
- information about court proceedings more than one year after
the date of issue if the current status of the proceeding is
unknown;
- information about any actions, judgments or debts that the
courts will not enforce due to the expiration of a limitation
period;
- any other unfavorable information that is more than seven
years old unless it is voluntarily given by the consumer; and
- any information that has not been confirmed.
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Collection Agents
What can a collection agent do to get my money?
A collection agent has almost the same power as other
creditors. They can persuade you to pay or work out a payment
plan. If you do not pay, the agent can sue you for the unpaid
debt.
The collection agent is going to sue me. What will happen?
- You will receive a letter giving notice of the debt and
stating that if you do not pay by a certain date, you will be
sued in court. This is called a demand letter.
- You will be served with a Statement of Claim that explains
the reasons you are being sued, the amount of money or remedy
sought and what you may do in response to the claim.
- If you are sued in small claims court, you have the chance
to tell the judge your side of the story. The judge then decides
if you must pay the collection agent.
The collection agent says he is going to seize my belongings.
Is this legal?
A collection agent cannot garnish your wages or seize your
property without beginning a court action. The only exception is
property given as security for a debt. For example, if you buy a
car and use the car as security for a loan, the creditor may seize
the car if you default on payment of the loan. The creditor does
not have to sue before seizing the car.
Are there any laws that govern collection agents?
It is against the law for a collection agent to:
- harass you, your spouse or family;
- harass your employer or threaten to do so;
- harass your friends to find out where you live or work;
- try to collect more than the amount owing;
- call you before 8:00 am or after 9:00 pm and on Sundays and
holidays;
- make a demand for payment without indicating the name of the
creditor, the balance owing and the identity or authority of the
person making the demand;
- make a telephone call with reversed charges;
- send documents that appear to be court documents; and
- start or continue a court action in the name of the
collection agency unless the debt has been assigned to the
collection agency in writing and the debtor knows about the
assignment.
If you feel a collection agent is harassing you, contact the
Consumer Protection Branch at (306) 787-5550 or 1-888-374-4636
(toll free in Saskatchewan).
For more information:
- Consumer Protection Branch
Suite 500, 1919 Saskatchewan Dr.
Regina, SK S4P 4H2
Phone: (306) 787-5550 Fax: (306) 787-9779
Toll-free in Saskatchewan: 1-888-374-4636
E-mail:
consumerprotection@justice.gov.sk.ca
Email inquiries will be responded to via
email. If the sender does not wish a reply in this fashion,
please indicate such in your message.
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