The Tender For Law

Volume 9

Mar 16, 2015 2:16 PM

Scott Duncan

POP QUIZ!

WHY ARE "COLLECTION AGENCY" and "COLLECTOR" SEPARATE DEFINITIONS? :D

The Fender and I are having a "legal spat" about AGENCY, and I figure all of you should benefit from it.

...and the group has been slow since:

1: We purged all the members

2: All the remaining members started playing Battlefield 2142

Here is ONTARIO'S laws regarding DEBT COLLECTION AGENCIES:

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c14_e.htm

GO!

Read Comments

Pete Daoust

The COLLECTOR is not surety, The collection agency is surety for any fuck ups that may happen.

I suspect some of these COLLECTOR to use fake names.....it doesn't matter what name they may use, they are not liable.....

Pete Daoust

It says right there ! :/

�collector� means an individual employed, appointed or authorized by a collection agency to collect debts for the agency, to deal with or trace debtors for the agency or to provide debt settlement services to debtors on behalf of the agency; (�agent de recouvrement�)

Jesus Martinez

In the case of ONTARIO, I think the COLLECTION AGENCY is a PERSON that provides a SERVICE of obtaining or arranging for payment of money owed to another person, and employs an INDIVIDUAL (AGENT) authorized/appointed to COLLECT that money, called COLLECTOR.

One is the "AGENCY" with SURETY, the other is an "AGENT" for "the agency."

It's curios that neither "money" "debt" "debtor" "service" "agency," nor "agent," are defined in the Act. So when the words "the agency", and others, are used I am not sure which AGENCY they actually mean. i.e. << �collector� means an individual employed, appointed or authorized by a collection agency to collect debts for the agency,...>> Which AGENCY? :D

Also, apparently a "collection agency" may only collect MONEY OWED. Again, "money" is NOT defined in the Act. It does not collect DEBTS, but SELLS a SERVICE of DEBT SETTLEMENT. :D

SO back to the question, <<WHY ARE "COLLECTION AGENCY" and "COLLECTOR" SEPARATE DEFINITIONS? >> Because they are NOT the same, for they exist and operate through AGENCY, and one is the AGENCY, and the other the AGENT.

As with everything else with "agency," the authority for these "collection agencies" comes a from an unknown, magical place. It's clearly defined as a SERVICE.

Pete Daoust

Ok Scott,

The Collection Agency BUY debts.

The Collector creates LEGAL obligations/relations with whom they think should buy back the debt.

COLLECTORS can't BUY debts. Collection Agencies can't create LEGAL obligation/relations.

If I have good reasons to believe I have to send an invoice for time, and/or violations of rights, I have to go after the AGENCY.

Pete.

Pete Daoust

I know a guy, who is a share holder of a collection agency.

He said, after talking with me for 20 minutes, that he will never buy a debt with the name PIERRE DAOUST attached to it�.. :P

it seems to him that if he does, that debt will be sitting on his desk for a long period of time, and then he will have to find another collection agency to buy it, at very low cost, or, consider it in the losses....

He also know that he might end up with more debts.... :D

The funny thing is: I "NEVER" refuse to PAY for any things I buy !! :/ ....go figure ....

Pete Daoust

I kept asking for an invoice, detailling the product and/or service I might have bought from them, and PROMISED to PAY as soon as I receive an invoice, detailling products, and/or services I have bought from them.....

Maximus Legis

^^ A Bill is inchoate if unsigned I keep telling them. The local council keep saying they have sent me a Bill, I keep saying I have not received any Bills. Plenty of inchoate shit which goes straight in the trash, they haven't a clue what I mean but that's not my fault :-P

Lei Gh

As per the Financial Administration Act,

Definition of � collection agency � 17.1 (1) In this section, �collection agency� means a person, other than an employee of a department, who(a) carries on the business of collecting debts for other persons; and(b) is registered or licensed as a member of the legal profession or as a collector of debts in the province in which the person carries on the business of collecting debts.

Pete Daoust

COLLECTOR, officer. One appointed to receive taxes or other impositions; as collector of taxes; collector of militia fines, &c. A collector is also a person appointed by a private person to collect the credits due him. Metc. & Perk. Dig. h.t.

http://legal-dictionary.thefreedictionary.com/collector

Pete Daoust

:D

collection agency Also found in: Medical, Wikipedia. Any individual, organization, or unit that has access to sources of information and the capability of collecting information from them. See also agency.

http://www.thefreedictionary.com/collection+agency

Jesus Martinez

Yes, Admiral Scott, I have been waiting for your saying on this post/comments. Ever since I read the AGENCY article, I was able to make a connection with things I did not understand. I wish you may teach more about AGENCY. It seems one can screw a bit with the "system" using AGENCY.