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http://www.gov.yk.ca/legislation/acts/copr.pdf

 

Collection practices

 

72 No person, whether on their own behalf or on behalf of another directly, or through others, shall

(a) collect from a debtor a greater amount than the sum of the amount actually owing by the debtor to the credit grantor and the amount of fees allowed by any statute or regulations made thereunder;

(b) despite any agreement to the contrary

between the credit grantor and a debtor, collect or attempt to collect from the debtor any fee or commission payable by the credit grantor to a collection agent under any agreement or understanding between the credit grantor and the collection agent;

(c) send any telegram or make any telephone call to a debtor for the purpose of demanding payment or negotiating payment of a debt if the charges for the telegram or telephone call are payable by the addressee of the telegram or the person to whom the telephone call is made;

(d) verbally or in writing, collect or attempt to collect money or effect or attempt to effect seizure of goods by stating an intention or threat to proceed with any action for which the person does not have lawful authority;

(e) use, without lawful authority, any summons, notice, demand or other document expressed in language of the general style of any form used in any court in the Yukon, or printed or written in such a manner so as to have the general appearance or format of any form used in any court in the Yukon;

(f) make telephone calls or personal calls of such nature or with such frequency as to constitute harassment of the debtor, the debtor’s spouse or family;

(g) refer or assign an account for collection or seizure of goods to a collection agent without first canceling in writing any previous referral or assignment to any other collection agent; but one collection agent may act for or on behalf of another collection agent or a lawyer;

(h) except with the leave of the court, remove any goods claimed under seizure or distress in the absence of the debtor, the debtor’s spouse or agent, or an adult resident in the debtor’s home;

(i) seize or levy distress against any goods other than those specifically charged or mortgaged, or to which lawful claim may be made under any statute or judgment;

(j) make a telephone or personal call or attempt to make a telephone or personal call to or on a debtor to demand payment, or negotiate for payment, or seize or levy distress against goods

  1. on a Sunday,
  2. on a holiday, or
  3. on any other day except between the hours of seven o’clock in the morning and nine o’clock in the evening;

(k) make further demand for payment of an account or seize goods or levy distress if the debtor gives notice by registered mail to the credit grantor, the credit grantor’s assignee or collection agent, of a claim for set-off or counterclaim under this Act or any other statute or regulations, or under any right of contract until

  1. the credit grantor, the credit grantor’s assignee or collection agent has submitted the matter to a court of competent jurisdiction for adjudication, or
  2. the debtor and the credit grantor, the credit grantor’s assignees or collection agent, have agreed in writing to the amount still owing by the debtor in respect of the account after deducting an amount agreed on for the claim for set- off or counterclaim;

(l) give, by implication, inference or statement, directly or indirectly, any false information to any person or agency that may be detrimental to a debtor or the debtor’s spouse; or

(m) make any demand for payment, by telephone, by personal call, or by writing for payment of an account without indicating the name of the credit grantor with whom the account was incurred, the balance owing on the account, and the identity and authority of the person making the demand.

 


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Credit Building Tip

Open a savings account.  The cash that you accumulate in this account may be used as security against loans in the future.