The Fair Debt Collection Letter is a crucial document used in Canadian debt collection practices when a creditor or collection agency needs to formally communicate with a debtor regarding outstanding obligations. This document must strictly adhere to various federal and provincial regulations, including the Collection and Debt Settlement Services Act and Consumer Protection Act, which vary by province. The letter serves as both a formal notice of debt collection and a legal document that outlines specific details about the debt, collection authority, and consumer rights. It must be drafted carefully to include all legally required information while avoiding any language or tactics that could be considered threatening or harassing under Canadian law. The Fair Debt Collection Letter is typically used after initial collection attempts have been unsuccessful, and it represents a formal step in the debt collection process, potentially preceding legal action.
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1. Collector Information: Full legal name, address, and contact information of the collection agency, including registration/license numbers as required by provincial regulations
2. Debtor Information: Full name and address of the debtor as it appears in creditor records
3. Original Creditor Details: Identity of the original creditor and account information
4. Debt Information: Clear statement of the amount owed, including principal, interest, and any additional charges, with relevant dates
5. Payment Request: Clear statement of payment request and available payment methods
6. Consumer Rights Statement: Mandatory statement of debtor's rights under applicable provincial and federal laws
7. Dispute Notice: Information about the debtor's right to dispute the debt and the process for doing so
8. Communication Preferences: Information about how the debtor can specify their preferred method of communication
1. Settlement Offer: Include when authorized to make a settlement offer for less than the full amount
2. Payment Plan Options: Include when the agency is authorized to offer payment plan arrangements
3. Legal Action Warning: Include when legal action is being considered and such warning is permitted by local regulations
4. Bankruptcy Notice: Include when there's information about a bankruptcy filing or proceedings
5. Third-Party Authorization: Include when communication through a third party (like a lawyer or trustee) is involved
1. Debt Calculation Schedule: Detailed breakdown of the debt, including principal, interest, fees, and charges
2. Payment History: Record of payments made and credited to the account
3. Original Credit Agreement: Copy or summary of the original credit agreement when required
4. Validation Documents: Supporting documentation proving the validity of the debt
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Credit Services
Debt Collection
Legal Services
Consumer Finance
Retail
Healthcare
Telecommunications
Utilities
Relevant Teams
Collections
Accounts Receivable
Legal
Compliance
Risk Management
Customer Service
Credit Control
Finance
Operations
Relevant Roles
Collections Manager
Credit Manager
Accounts Receivable Specialist
Collections Specialist
Legal Compliance Officer
Credit Control Officer
Debt Recovery Agent
Financial Services Manager
Consumer Credit Manager
Legal Counsel
Risk Manager
Customer Service Manager
Collections Administrator
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