DEBT enslaves the world!
Most world money systems are based on fiat currency; debt based money system backed by nothing but a promise to pay. As such, these systems depend on debt to create money. Seems really odd, but some research will confirm this. A good video to watch that explains this is called 'Money as Debt' and can be watched for free on Youtube.
As a result, debt is a way of life and that is why the world is in debt to the tune of over $68 trillion. In Canada, the personal debt sits at a record 1.68 times greater than what the individual's income is. As a result of usury (charging of interest), the hole just gets deeper and deeper. Bankruptcy used to be a way to reset the clock but even that is getting more and more difficult. So when somebody gets into trouble, what can be done? Being hounded by collection agencies can be an extremely stressful scenario of an already stressful situation. Allow me to share with you what I've learned and had success with in the past. I'm not a lawyer, so please do not take this as legal advice but rather me sharing some interesting information that may help people. Use at your own risk.
In this blog I'm going to cover what an individual can do to help protect themselves from the jaws of the sharks. Believe me, collection agents are sharks and they hunt for prey, so anything we can do to stay out of the water is a bonus.
Canada is no exception. So whether you believe in the bible or not, if you live in Canada or other colonies of the British empire, it is prudent to pick up the book and start studying. One important passage that has significant importance to this subject matter is Matthew 5:25
"Agree with thine adversary quickly, whiles thou art in the way with him; lest at any time the adversary deliver thee to the judge, and the judge deliver thee to the officer, and thou be cast into prison."
When somebody makes a claim against us, it is our duty to agree with them. If we disagree then we create a controversy and then the other party can drag us into court, just as we were warned about in Matthew 5:25. If we want to avoid court then we must agree. But how can we agree without getting us into even more trouble?
In Canada, the one making the claim has the burden of proof. So if a debt collector is claiming we owe money, the burden is on them to prove it. So we accept their claim but put a whole bunch of conditions on that acceptance. By doing that, we put the burden back on them to prove their claim. If they prove it, then we have an agreement, no need for court. If they fail to prove their claim, then there is no claim, no need for court.
This is called a 'conditional acceptance' and it really pisses off lawyers and collection agencies! They don't want to work and they use peoples ignorance to intimidate others to submit to their authority or interpretations. But if we live in the system, we have some tools at our disposal to level the field. In Alberta, that tool is called the Fair Trading Act. Other jurisdictions have similar legislation, so look them up to make sure that you catch the differences. However, they should all be about the same as what I'm going to share here.
Section 12(1) of the 'collection and debt repayment practices regulation' outlines what is prohibited. That means they are not allowed to engage in these activities. I am only highlighting the common ones, but there are many other restrictions that these sharks must follow! I share the knowledge. What you do with it is 100% your responsibility! Follow the link above to see the current version. Read it. Be familiar with it if you have debt issues. Remember, this only works with unsecured debt. Secured debt like mortgages and car loans are very different!
12(1) No collection agency or collector may
(d) if a collector, collect or attempt to collect a debt without providing
(i) the collector’s name as shown on the collector’s licence in all contacts and correspondence, and
(ii) the name of the collection agency as shown on the collection agency licence in all contacts and correspondence with the debtor;
If we conditionally accepted their claim on the condition that they provide proof of status as a collector and collection agency? They all are supposed to be licensed, so asking for their license would then confirm their identification. Them just giving their name is not proof as it needs to be the same as what is shown on the card. So don't accept anything from them without them show their ID by providing photocopies of their licenses, individual and agency! I've yet to experience anybody meet this one condition. But there is more that we can demand they prove if their claim is to be valid.
(f) fail to provide any person for whom the collection agency or collector acts with a written report on the status of that person’s account in accordance with this Regulation;
Agreeing to conditionally accept their claim if they provide a full, un-redacted written report on the account being collected. Again, many fail to provide this. Why? Because the vast majority of the debt that debt collectors collect was purchased by them from the original debt holder. What that means is that the bank or whom ever you were dealing with, sold the account to a third party. The third party paid for that debt! The original debt holder has closed the account. Under contract law, it is my comprehension that I have no contract with this third party and since the original party has closed the account, my contract is done. The debt collector now must intimidate me into creating a new contract in order to collect. All I can really do is thank them for paying off my debt and tell them to have a nice day! Until there is a contract, there is no report to provide. The only exception is if the collection agency is only acting as an agent rather than the owner of the debt. If so, then they should be able to provide a report!
With that said, conditional acceptance by providing that they are in possession of the blue ink contract is also a very important condition to place on them. Many of these organizations don't have the contracts any more as they were turned into assets and sold on the open market. Yes, they do this and that is why they got into all kinds of trouble during the 2008 financial collapse. No contract, no duty or obligation. They play with fire, they are going to get burnt!
(g) make any personal call or telephone call for the purpose of collecting or attempting to collect a debt on any day except between 7 a.m. and 10 p.m. in Alberta;
Keep a log and write down the details of all the calls, time, date, etc. They love using computers to call people. When those computers call before 7am and after 10pm, they have violated the act and can be reported. By having the logs from your phone, you could provide those details to the minister responsible for managing these sharks.
(h) directly or indirectly threaten or state an intention to proceed with any action for which the collection agency or the collector does not have the prior express consent of the creditor or for which there is no lawful authority;
One common tactic that they use is to scare the shit out of the individual to submit and contract with them. However, this can be called by conditionally accepting their claim upon proof that the collector or agency has prior express consent from the creditor to engage in such legal proceedings. This usually requires a copy of the agreement or contract that the creditor has with the collector. See how we can turn this around and protect ourselves? With some knowledge, this suddenly can turn into a lot of fun!
(i) contact or attempt to contact the debtor, any member of the debtor’s household, any relative of the debtor, the debtor’s employer or any neighbour, friend or acquaintance of the debtor by any means in such a manner as to constitute harassment, including without being limited to
(i) the use of threatening, profane, intimidating or coercive language,
(ii) the use of undue, excessive or unreasonable pressure, or
(iii) the use of telephone or e‑mail to call or send messages excessively;
Most people don't realize, but these sharks are not allowed to intimidate, harass, apply pressure or even contact excessively. Nobody deserves to be treated in this way and anybody who does engage in behaviours like this is a bully and a violent offender. Again, keeping logs and reporting it to the minister can help reduce or eliminate abusive behaviour by the sharks.
(l) contact a debtor’s spouse or adult interdependent partner, relative, neighbour, friend or acquaintance unless the contact is limited to the purpose of obtaining the debtor’s residential address, personal telephone number or employment telephone number;
Even if they do contact your family or friends, the ONLY information they can collect is the debtors address, phone number or employment phone number. That is it! They cannot ask where you are, what you are doing, or anything else. So if you have debt issues, let your friends and family know so that the sharks can be called out on their abusive behaviour. If they continue, then you can add a conditional acceptance upon the proof of claim that they can violate the act. Well, of course they cannot prove that claim, so that shuts then down immediately! I love adding these kinds of items in the letter. The more proofs of claims that is impossible for them to prove, the better it is for us! There is lots of them! We just need to find them all so that we can shut them down.
(m) contact the debtor’s employer for any purpose other than to confirm the debtor’s employment status, business title and the address of the business, in preparation for legal proceedings;
This is an important one as the ONLY way they can contact the employer is in preparation for legal proceedings. If there is no legal proceedings then they cannot contact the employer. How many people experience collectors harassment of employers which causes problems at work? I bet a lot of people do. So perhaps a proof of claim that the collector or the agency can violate the act by harassing the employer? I doubt they could prove that one either! The more proofs that they cannot prove, the better! They dig their own hole.
(n) contact the debtor when the debtor has notified the collection agency in writing to communicate only with the debtor’s representative and has provided a current address and telephone number for the representative, and the representative
(i) makes reasonable arrangements to discuss the debt with the collection agency or collector, and
(ii) discusses the debt with the collection agency or collector in accordance with the arrangements;
Most people don't realize this, but if you are depressed, stressed or unable to deal with life, we can have somebody else deal with all the calls. By informing the agency in writing of who the contact should be, if they contact us, that is also a violation of the act and would make another excellent conditional acceptance point and a report to the minister.
(s) charge any fee to a debtor beyond the debt that is due and owing from the debtor to the creditor, excluding a reasonable fee for a dishonoured cheque, if the fee was disclosed to the debtor in writing prior to the submission of the cheque;
Did you know that they are not allowed to add fees to the debt? Except how many people deal with debt collectors who keep adding on more and more debt? Most do and it is a violation of the act. So if facing additional fees and penalties, perhaps a conditional acceptance that they proof that they can add these additional fees not withstanding subsection (s) of the act. I don't think they could prove that one either.
(t) refuse to provide sufficient information on request to the debtor to ensure that the debtor is aware of the identity of the original and current creditor of the debt and the details of the debt
The sharks love keeping this one a secret as they don't want people to know that they purchased the debt in the vast majority of the cases. As a result, they don't want people to know that they are the holder and looking to make a contract with you to be able to collect on that debt. We have no duty or obligation to forge a contract with the sharks and they cannot enforce the contract or the debt without one. So perhaps another proof of claim that they provide the full details of the original and current creditor and the details of the debt and if they are the current creditor, provide the contract between us and the agency! Again, most likely something they cannot prove.
(v) exceed 3 unsolicited contacts on behalf of the same creditor with a debtor in any period of 7 consecutive days, not including contacts with a third party to locate a debtor, mistaken contact with a third party, or contacts by traditional mail;
This one the sharks break ALL THE TIME! Did you know that they are NOT allowed to call you more than three times within a 7 day period! Some people get three calls an hour! This makes a fantastic point for reporting to the minister responsible for the act and for another very powerful proof of claim point in your letter.
We all may have different reactions to the sharks but the legislation states that they are not to intimidate people. What does that mean?
verb frighten or overawe (subdue or inhibit), especially so as to coerce into doing something. (Oxford 1958 Unabridged dictionary)
The sharks are experts at frightening or even getting people into a state of overawe due to legalize and other language that people just do not comprehend. So even if you are a strong individual, if at any time you fail to comprehend what the sharks are saying and feel compelled to submit or feel coerced into doing something that you don't want to do, then that is, by definition an intimidation and violates the act.
When I wrote my letters, I gave the sharks 10 days to respond to my letters. They failed, every single time. So I sent a second letter, notice of default and gave them another 10 days to respond. They failed, every single time. At that point a default judgement could be obtained to protect an individual from the creditor. I know this is a lot of detail, but if you did your own research you will find ways to work through this. My goal was to avoid court and from my experience, this worked great.
Over time, I will share more information to help people work through the fraud of the Crown in regards to a money system that is based on debt and has no physical value at all. Not backed by gold, silver or anything of physical value. We cannot pay debt with debt. So this is one way to deal with debt. But do your due diligence. There is lots of people out there teaching this information. Look for them but be careful not to fall into the commercial remedy traps out there. The process I outlined here is peaceful and does not engage in violence. We agree with our adversary and put the burden back on him / her. We maintain the peace and be peaceful at all times through this process. I hope it helps reduce the stress and burden of debt.
