Alberta: Collection Bureaus and Collection Agencies.

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Credit Bureaus:

There are two credit bureaus in Canada that report information to credit grantors. They are Equifax Canada and Trans-Union. You can contact these agencies to ensure that the information being reported about your credit is accurate. You are entitled to have a record of the information maintained on their databases.

Equifax
P O Box 190, Station Jean Talon, Montreal Quebec H1S 2Z2
Telephone 1-800-465-7166
Fax 1-514-355-8502

Trans-Union
P O Box 338, LCD1, Hamilton, Ontario L8L 7W2
Telephone 1-800-663-9980 or 1-877-713-3393

Credit information includes, name, address, age, social insurance number, marital status, spouse's names, number of dependants, occupation and employment history. It also contains debt information including any judgments, garnishments or bankruptcies. You must give permission to anyone who wishes to review your credit information.

If there is a dispute regarding the information on the database, the credit bureau can advise you as to your rights. Most information regarding your credit history is on your file for six or seven years (check with the agency). Negative information (such as missing a couple of payments) and positive information (no late payments) will appear on the credit file and may affect future credit, accommodation or employment applications.

The credit reporting function is largely unregulated and credit bureaus are registered under provincial law. Thus, rules regarding their activities can vary between regions. You should contact the provincial registrar should you have complaints or problems with the credit agency. The Blue Pages of the telephone book should contain a contact for the provincial government agency overseeing this area (Debtor's Assistance or similar).

Not every creditor is a member of the credit agencies (example Canada Customs and Revenue Agency) and therefore your credit history with that credit grantor may not be reported to the credit bureau. It is the responsibility of the debtor to maintain a listing of the creditors to whom they owe money.

Credit Ratings:

R0 Too new to rate; approved but not used.
R1 Pays within 30 days of billing, or pays as agreed.
R2 Pays in more than 30 days but less than 60 or one payment past due.
R3 Pays in more than 60 days but less than 90 or two payments past due.
R4 Pays in more than 90 days but less than 120 or three or more payments past due.
R5 Account is at least 120 days past due but is not yet rated "R9".
R8 (There is no R6)
R7 Paid through a consolidation order, consumer proposal or credit counseling debt management program.
R8 Repossession.
R9 Bad debt or placed for collection or bankruptcy.

Functions Fulfilled by Credit Bureaus:

Credit bureaus, especially local agencies, fulfill two functions. Not only do they provide the information as outlined in the general information section, they may also act as a collection agency. The credit bureau may contact you attempting to collect for one of your creditors.

Collection Agencies:

Collection agencies are also largely unregulated and like credit bureaus are covered under provincial law. The following are general collection rules:

contact may be made between 7:00 a.m. to 9:00 p.m.;
a phone call made be made to place of employment to confirm that the debtor works at that place;
a collector is paid on a commission basis; if the debtor pays, the collector gets paid;
there should be no contact with other family members unless they have guaranteed the debt or are simply confirming residence of the debtor;
taking legal action means issuing a "Statement of Claim" (suing) and proceeding to court for judgment which will lead to garnishment of wages and seizing of assets (bank accounts, liens on property);
collectors may not seize assets without a court order; normally a bailiff or the sheriff will take possession of the asset at this point;
creditors or collectors may only enter a place of residence with the debtor's permission;
harassment is not permitted (the definition of harassment is open to interpretation), and a debtor has the ability to lodge a complaint against a collection agent if they feel they are being unduly harassed.

Bankruptcy and Proposals on the Credit Bureau:

As stated above, proposals are reported as R7 (it may also be reported as R8 or R9 as many credit bureaus do not distinguish between a proposal and bankruptcy as proposals are reported by the creditors as a "Bankruptcy Proposal"). Bankruptcy information is not reported six years after the date of the discharge. Proposal information is not reported three years after the date that the proposal was completed. A second or subsequent bankruptcy is reported for 7 years for each bankruptcy, example, a total of 14 years for two bankruptcies.

After a bankrupt has received an Absolute or Automatic discharge, (or in the case of a proposal has received a Certificate of Completion) a credit bureau report should be requested to ensure the proper information is recorded on the credit database. A TRUSTEE MAY REPORT TO THE CREDIT BUREAU THE BANKRUPTCY/PROPOSAL INFORMATION THROUGHOUT THE ADMINISTRATION OF THE FILE, BUT THE TRUSTEE'S INFORMATION DOES NOT AFFECT THE CREDIT BUREAU REPORT. The credit bureau obtains update information from computer records at the Office of the Superintendent of Bankruptcy on a periodic and regular basis. If the information is incorrect, the bankrupt should submit a copy of the discharge/proposal information to the credit bureau in the manner outlined by the credit bureau.

Credit "Fixers":

An individual has the most control over their credit bureau report. Correct information must remain on the credit bureau report, so if there has been a judgment or bankruptcy, the information MUST remain on the credit file for the requisite number of years. Many agencies advertise that they are able to remove debt or "fix" credit history, but removal of correct information is not allowed. Attempt to have incorrect information adjusted through your own efforts prior to obtaining help; obtain help from competent lawyers or paralegals.