Sometimes, despite our best intentions, we aren’t able to make payments to our creditors as we had originally planned. This may be due to a variety of reasons, possibly a decrease in income, an increase in housing costs, an unexpected life event, such as a change in family circumstances, or an illness. Whatever the reason for your inability to make your payments as agreed, or to even make any payments at all, you have rights and responsibilities as a consumer who has borrowed money.
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| Communicating with creditors can be difficult, but knowing what to say and what to do can often make a big difference. |
If you fall behind on your payments and fail to contact your creditors, they will start to send you letters asking for, or even demanding payment. They may also contact you by phone. While no one wants to receive these calls and letters, creditors are allowed to contact you to ask for payment and will pursue all avenues to recover any money that you borrowed.
Generally speaking, collectors can not call you at all hours of the day and night. They can not keep calling your place of employment to confirm your employment status. Each Province has exact rules governing what collectors can and can not do. If you would like to know what applies to your Province, please contact us directly by phone or email and we’d be happy to provide you with this information. If you ask them in writing to communicate with you in writing only, they must do so. Asking your creditors to communicate with you in writing will stop the majority of collection phone calls temporarily.
Putting an end to collection calls requires some planning on your part. Here are the steps to help you communicate effectively with your creditors and collection agents:
Start by considering what income you do have. Include all of your current sources of income including wages, disability assistance, social assistance, a family member’s or partner’s income, gifts, child tax credits / benefits, pensions, old age security, HST/GST refunds, etc.
Consider all of your expenses; weekly, monthly, and seasonal. Include all of your spending – personal, living and household. Our Money Management Basics booklet (budget worksheets pages 4 - 5) may be of valuable assistance to you in this process. Feel free to contact us for assistance with determining your budget.
Also prepare a summary of your budget stating how many people reside in your household and how many dependents you have. Include your total income, your housing and transportation expenses, debt obligations, medical expenses, grocery and personal expenses, as well as taxes that you need to pay. Don’t forget to include a monthly estimate of your necessary seasonal expenses.
Now it’s time to prepare a letter (see sample letters below). Make a list of the address, phone and fax number for each creditor or collection agency. Be sure to obtain the name of the person / supervisor you have been dealing with at each company. Confirm which debt they are trying to collect on to make sure that two agencies aren’t trying to collect on the same debt.
You want to communicate in writing with your creditors so that you can explain your situation to them and ask them to only communicate with you in writing as well. This will stop the collection phone calls, providing you follow through with whatever you have proposed in your letter. You will also need to respond to their letters.
For example, you stated in your letter that your family income has suddenly decreased because your partner is off work due to injury. You also explained that there is an insurance payment expected in 3 weeks and that you will make your debt payment then. Make sure you follow through with your payment. If it takes longer to receive the insurance payment, write them and tell them so. Your goal is to gain your creditors’ co-operation during your difficult time.
Communicating honestly and updating your creditors about your situation is very important in this process.
Once you’ve written a short letter to outline your situation, attach any relevant documentation and the summary of your budget. Then fax or mail it to your creditors or collection agents by registered mail. You want proof that they received it. Get proof every time you mail or fax anything to them and keep your receipts organized.
If you speak with someone to give them an update about your situation, jot down their name, number, time of call and what was discussed. You may need to provide these documents and receipts again in the future. Follow up oral communication with something in writing if possible. If the person you were talking to proposed a payment arrangement or special circumstances, ask them to send it to you in writing. Verbal agreements are difficult to prove. You can take the time to consider a written offer more carefully than if you are on the phone with someone. It’s important to only agree to what you are reasonably able to do – don’t get caught up in the heat of the moment.
Lastly, remember that we are always happy to answer your questions and provide assistance or more information. Our Counsellors can guide you through the process outlined above as well as explore other options to resolve your debt problems. Get help and put an end to the collection calls.
See: Creditor Checklist
See: Sample letter "reduced payment"
See: Sample letter "no ability to make payment"
See: Sample letter "forgiveness of debt"
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