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May 152012

Filed bankruptcy but still getting collection calls? Know your rights. 

Category : Bankruptcy law, Collection agencies, Debt collection, Consumer Proposals, Bankruptcy

​Before filing bankruptcy many Canadians spend months dealing with calls from collection agencies who work on behalf of creditors, or from a company’s own collections department. When you file bankruptcy, under legislation, your creditors are no longer allowed to contact you or pressure you for payment. This is because filing bankruptcy is a legal process to erase unmanageable debt and by law, it puts an end to the stressful and relentless actions of the companies you owe money too, including debt collection calls.

Recently, a 25-million dollar class action lawsuit was filed against the 407 ETR highway in Ontario, for the company’s alleged collection practices against those who have filed for bankruptcy. The lawsuit was filed on behalf of people who declared bankruptcy but continued to be harassed by the 407 ETR for outstanding tolls and fees. The lawsuit alleges the company has continued to unlawfully collect outstanding money owed to them by threatening to deny vehicle permit and licence plate renewals.  Fearful over losing the ability to get to work and move on with their lives, the suit claims that many people were coerced into paying fees that under the Bankruptcy and Insolvency Act, they did not have to. 

For more information on the lawsuit or if you think you could be a potential class member, visit classactionlaw.ca or call 905-526-4394. If you are still in bankruptcy and receiving collections calls from creditors listed in the bankruptcy, contact your Trustee.

If you are struggling with debt and receiving calls from collection agencies, we can review your situation and explain different options to take control of it.  Filing bankruptcy is a last resort and we can explain how you can avoid bankruptcy and still put a legal stop to collection calls through a consumer proposal. Contact your local BDO debt help office today.

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