Are you getting calls from a debt collector? Under BC law, you have the right to ask the collection agency to contact you in writing or through your lawyer only. Here’s what you need to know.
Your debt collection rights in BC
You have the right to request that the calls stop – when you do this, you’re telling the debt collector you would like to be contacting in writing only (or through your lawyer).
How to get the calls to stop
To get the calls to stop, you must notify the collection agency of your request. Send your written notification in a way that gives you proof of delivery (mail, fax, or email). Keep copies for your record and give the collection agency three to five business days to process your request.
- Request communication in writing only:
- Printable PDF form
- Online form (to use this form you must have the collection agency’s email).
- Request communication through your lawyer only:
- Printable PDF form
- Online form (to use this form you must have the collection agency’s email).
What if the debt collector keeps calling you?
If the calls continue after a few business days, keep track of the incoming calls. You can do that by getting copies of your phone records, taking pictures of your call display or other methods. Once you’ve done that, please submit a complaint to us directly so we can assess the situation.
An important reminder
It’s important to remember that debt collectors are allowed to contact you about the debts you owe – and just because the calls have stopped does not mean the debt has gone away. If the debt is left unpaid, your debt load may become bigger once interest charges begin to build up. An unpaid debt may also affect your credit rating and make any future financing difficult.
Dealing with debt collection calls in BC
We know dealing with debt can be stressful, especially if you’re getting collection calls. In BC, you have rights when it comes to debt collection. Not everyone’s experience with debt is the same but the rules apply to all of us. Learn your rights in BC and access tools and resources to help you on your debt journey.
Learn more
How to get the calls to stop
What to do if it’s not your debt
The rules debt collectors must follow in BC
The impact of debt on your credit report
4 ways to manage debt
Debt relief: Credit counsellors vs debt repayment agents
8 tips for choosing a debt relief service
3 simple steps to create a budget
How to save for a rainy day
How to prepare for changing interest rates
About Consumer Protection BC
We are responsible for licensing debt collectors and regulating certain aspects of the debt collection industry in BC. The law speaks to when a collector can contact you and how they can communicate with you. We can’t help with every debt related issue and we’re not financial advisors. Find out more about us and the other industries and transactions we oversee by exploring our website.
The debt collectors have taken our phone # from the phone book and just because we have the same last name as a distant cousin we are getting the phone calls. The option on the recording is “”if you are Mr Bxxx, press 1. There is no option of if we have the wrong phone # press 2 This is extremely annoying.
Hi there, thanks for reaching out. If you are being contacted about a debt that isn’t yours, you can use the information and form found on this page to let the collection agency know that the debt isn’t yours: https://www.consumerprotectionbc.ca/2022/06/what-to-do-if-its-not-your-debt/ . Once you do that, they should stop calling. I hope this helps!
My family getting a phone calls from this collection agency which appears to be rude and cursing to them.
He threatening me if I do not pay he will jammed all the phone lines on my job, family reference
Tried checking the company it was not licensed collection agency in BC. And I am from Onario. Please assist me, he is harrassing my family, my job and me.
Hi Isabel, thanks for reaching out. If you and your family are both based in Ontario, I would suggest reaching out to the Ontario regulator or using the tools they have on their website: Consumer Protection Ontario. If the collection agency is collecting a debt from an Ontario consumer, they should hold a licence and be registered in Ontario. However, if your family is in BC and you’re certain the collection agency is unlicensed and operating illegally here, you can report the situation to local law enforcement. We believe unlicensed lending to be a criminal matter and, in these situations, the folks to report it to would be your local police and the Canadian Anti-Fraud Centre. I hope this helps!
Please confirm…
I understand that if nothing was pursued in the courts to collect the debt on a consumer, and so there were no judgements made within 2 years, that collections cannot pursue a debt in the courts any more, they cannot sue… correct? (Statute of Limitations)
After 5 years there has not been any judgements in the courts, but of course the case gets passed on to different collections agencies every so often as they give up and sell for pennies on the dollar to each other… They keep calling…
It was Credit Card debt, last payment or acknowledgement back in 2016?
So Collection’s cannot pursue anything in the courts now, like suing, correct?
Consumer has been a BC resident this whole time, but now there seems to be a Collections agency from Ontario calling. They are leaving messages that sound like they are claiming to file something to the courts. Probably just a tactic?
Either way, given what has been shared here, does it not sound like the Statute of Limitations is protecting the consumer, that the debt cannot be pursued in the courts, like being sued, anymore?
Well over 2 years, almost coming up 6 years here now… Please confirm, Thank You 🙏
Hi again Joe. We’ve answered your other questions that you asked in this blog post, so please look for those. Thanks!
Does a Collections Agency have to be licensed?
If the consumer is a BC resident, can they be pursued by a collections agency that is based in Ontario, and not licensed in BC? Or is it OK, as long as they are licensed in Ontario? Where can someone check to see if a collections agency is licensed in Ontario?
If they are not licensed in their office province, nor in the consumer’s province, would it be illegal for them to be pursuing that consumer on a debt collection?
Hey Joe, thanks for your question. If a collection agency is based in Ontario, they must be registered with Consumer Protection Ontario to legally operate. If the agency is not registered in either province (the consumer’s or office), then it may be illegal for them to pursue a debt (with some exceptions).. You can check if an agency is licenced on the Consumer Protection BC website, or on the Consumer Protection Ontario website by following the links. If a collection agency is calling someone in BC, they must follow the collection rules in BC. I hope this helps!
If the Statute of Limitations time has passed, and the consumer wants to make sure that they avoid doing anything that may renew the Collections agency ability to pursue legal action… Would it be safe to mail the letter you have on the website, requesting the agency stop calling, and that they mail instead…?
Or may the collections agency construe that in some way to mean it’s acknowledging the debt, therefore they may then legally pursue suing the consumer, the Statute of Limitation not protecting anymore…?
Would mailing the stop calling letter be safe or not?
Hey Joe, thanks for your follow up question. We don’t have authority over the laws around the statute of limitations, so I suggest speaking to a lawyer to answer your question. Access Pro bono can provide a range of legal services at different costs. I hope this helps!
I have the same last name as the person the collections is after. My name is listed in the telephone listings but his is not…so the collections keep phoning me. I cannot even tell them they have the wrong person because the only option on the recording is ‘if you are Mr X press 1″” I am NOT Mr X so I do not want to press 1 and make them think I AM Mr. X. What do I do to stop the phone calls?
Hey there, thanks for your question. If you are being contacted for a debt that isn’t yours, you can use the form found under “They have the wrong person” on our website to officially notify them you are not the debtor. To reach them via email, I would suggest looking up their business name on Google and finding their email address on their website. Make sure to send it in a way so you have proof of delivery, like email or fax. I hope this helps!