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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 If the information is wrong or out of date, you can request that the credit reporting agency investigate the matter.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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