The best ways to get creditors to listen
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.
Creditor Harassment - Collection Letters & Phone Calls | Consequences of Late Payments & Avoiding Creditors
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.
Collection Agency & Creditor Laws - Creditors Calling at Work | Know Your Rights
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. In some provinces, if you ask creditors in writing to communicate with you in writing only, they must do so. This will stop the majority of collection phone calls temporarily, but can affect how long a creditor may try to collect from you.
Stop Collection Agency Calls - Creditor Checklist | Preparing to Communicate
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.
Spending, Personal & Household Budgets - Money Management
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.
Stop Repossession & Collection - Home, Vehicle, Investments & More | Consequences of Late Payments
Joint Debts With Family & Friends - Seizure of Property
Sample Letter Reduced Payment - Debt Repayment Plan
Reasons for Financial Difficulty - Get out of Debt and Keep it that Way
In order to help your creditors understand your situation, you need to outline your household income and provide proof of your situation. For example:
- A letter from your doctor if you have a health situation or disability that is affecting your income
- Proof explaining changes in your employment status, e.g. reduced hours, termination or Employment Insurance benefits
- Confirmation that your family or marital status has changed
Personal, Household & Family Budget - Creditor Budget Request
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.
Sample Forgiveness of Debt Letter for Collection Agency
Now it’s time to prepare a letter (see sample letters and important note 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.
How to Communicate In Writing with Creditors
Contact us for information about how to clarify how written acknowledgement of a debt impacts the statute of limitation in your province.
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.
Ask Creditors to Only Communicate In Writing
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.
Sample Letter - No Ability To Make Payment
Once you’ve written a short letter to outline your situation, attach any relevant documentation and the summary of your budget. Then email, 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.
How to Negotiate Debt Repayment With Creditors
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 (see note below regarding writing to your creditors). 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.
Get Help With Creditors - Credit Counselling Society
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.
Please Note: If you have not made payments on a debt in some time and you contact a creditor in writing, either on your own or with one of the sample letters below, in some provinces that may constitute "acknowledging the debt," and restart the statute of limitation in the same way making a payment does.
Always use the term "alleged debt" when speaking with collectors or creditors. Sometimes they may try to get you to verbally acknowledge the debt. This, too, could restart the statute of limitation.
The statute of limitation that determines how long a creditor has to collect on a debt that is no longer acknowledged by the debtor varies by province and ranges from 2 to 10 years.
Credit reporting agencies also report debts on your credit report based on the date of last activity on the debt. After 6 years of no activity a debt is usually no longer reported by the credit reporting agencies.