Two Types of Collection Agencies

Collection Agencies

Two Types of Collection Agencies

There are two types of collectors: Third party and first party.

Third party collectors are collecting on behalf of the original creditor, like the bank or a dentist. The legislation and all of the rules about collections, e.g. when they are allowed to call, apply to them.

First party collectors actually purchase accounts from creditors (or other collectors) so that they own the debt. In other words, the bank or the dentist is no longer owed anything. Now the money is owed to the first-party collector. The rules do not apply to them. They can call whenever they like, as often as they like. They can call relatives and employers, at midnight if they want.

First party collectors are usually more aggressive and more difficult to deal with. If you are being harassed by a collector, try to find out if they have purchased the debt, or if they are acting on behalf of a bank (or a dentist). This will tell you if they are breaking the rules or if they are within their rights.  If they have, in fact,  purchased the debt, you may wish to talk to a Trustee in Bankruptcy to talk about your options.

Contact Rumanek & Company Ltd. for more information on bankruptcy and debt solutions. Or please fill out the free bankruptcy evaluation form. To learn more please visit our YouTube Channel. Rumanek & Company have been helping individuals and families overcome debt for more than 25 years.  

Student Bankruptcy Story #14

Morgan was an 18 year old university student.  She had a part time job and got a student overdraft just to get her through the difficult weeks.  The part time job enabled her to save up so her student loan didn’t get too large and she was able to pay for some of the fees herself each year.  In her second year she got a bank loan to allow her to get a car.  The overdraft was interest free so she used that to help pay back the loan.  In her third year she got a credit card to help pay for books and when she moved into a new apartment after she graduated she used it buy furniture.

Morgan got a job at the end of her Honours Degree but by this time needed a new car and a new wardrobe for the corporate world.  The bank approved a $10,000 loan.  There was no problem getting a loan now that she was working.  However, the combined loans were now about $21,000 with unmanageable monthly repayments.  Her student loan was about $7,000 and came out of her pay regularly.  Unfortunately, Morgan lost her job after a few months and was no longer able to make any payments towards her loans.

Morgan’s best option is to contact her creditors and ask them to postpone payments until she can find a new job.  If this does not work she should consider a consumer proposal (the student loan will survive the proposal).   Bankruptcy is the last option.

Contact Rumanek & Company Ltd. for more information on bankruptcy and debt solutions. Or please fill out the free bankruptcy evaluation form. To learn more please visit our YouTube Channel. Rumanek & Company have been helping individuals and families overcome debt for more than 25 years.  

Older Couples and Debts

Older Couples and DebtsOlder Couples and Debts Questions

My friend and I have both lost our original partners and have started a new relationship with each other.  It is possible that we may even start living together in the future.  I do not know very much about his finances and wonder if I would become liable for his debts if we started to live together.

The short answer is “no.”   Just because you start living together that does not mean that you have any obligation to pay the debts of your partner.  It does not matter whether or not you are just living together, have a common-law relationship or get married.  Debts always remain with the person who originally obtained the credit.

A word of caution.  If your partner asks you to sign any papers on his old debts or if he asks you if you want a supplemental  credit card from his visa or mastercard (these are sold as “family” cards) – be careful as you are probably signing a document making yourself liable for the entire debt owing on the card.  Similarly, if you both decide to apply for a new joint bank loan or credit card, you must be aware that you will each be liable for 100% of the debt regardless of who charges on the credit card and regardless of whether or not you stay together.

In the early stages of a new relationship, it is wise to keep your finances separate until you are very sure of your future relationship together.  Even then, if your partner is self-employed and needs to sign a bank loan or other debt for his business, I would advise you to get independent legal  advice before you sign anything.  Banks and other lenders ask for a second person to sign on the loan when they are not 100% sure that the borrower is going to pay the loan back or does not have enough security to cover the loan balance if a default occurs.  If you are asked to sign anything always ask: “why”?

Contact Rumanek & Company Ltd. for more information on bankruptcy and debt solutions. Or please fill out the free bankruptcy evaluation form. To learn more please visit our YouTube Channel. Rumanek & Company have been helping individuals and families overcome debt for more than 25 years.  

Property With 2 Owners

property with 2 owners

Property With 2 Owners

I have a property which is under two names. One of the two people  is planning to file a bankruptcy.  Will the bank take the property away? Should I wait till the person who is bankrupt obtains the bankruptcy discharge to sell the property?

Answer:

The bank will only take the house away or the property if you are behind in the mortgage payments.  The big question is does the property have equity? To determine the equity we need to know the value of the property and the balance of the mortgage outstanding.  In most cases the bankrupt person can negotiate with the trustee to keep the house by continuing to make the mortgage payments and pay any equity in the house to the trustee who will distribute those funds to the creditors. It is usually better to wait until after a person is discharged to sell a house. If a buyer finds out the vendor is bankrupt this results in a  a low offer as the buyer thinks the vendor is desperate to sell.

Contact Rumanek & Company Ltd. for more information on bankruptcy and debt solutions. Or please fill out the free bankruptcy evaluation form. To learn more please visit our YouTube Channel. Rumanek & Company have been helping individuals and families overcome debt for more than 25 years.