In general, creditor companies are not allowed to use the personal data of their clients except for the purposes of the contract concluded between the two parties. The provision of personal data to third-party clients that have a psychological effect on the creditor company’s clients is a violation of the Personal Data Protection Act. In this case, citizens can file a complaint with the help of our defence lawyer toronto. It should be noted that even if the contract stipulates that the creditor may provide their personal data to collection companies, this provision is contrary to the Personal Data Protection Act and as such is null and void. Therefore, even in this case, citizens can turn to the Commission for protection.
In cases where citizens become victims of psychological harassment on the part of the collector companies, they may also appeal to the authorities of the Ministry of Interior and the Prosecutor’s Office, as such acts may be carried out by the bodies of the crimes – Extortion, both of which are serious intentional crimes and are punishable by imprisonment.
What we need to know about prescription and how to do it if we receive a message from a collector
Most often, people complain that they are victims of psychological harassment by collector companies without actually owing any sums to the lending companies. This may be due either to a mistake on the part of the company, misuse of rights on their part, as well as misinterpretation of the contracts entered into between companies and citizens, or to the expiry of a limitation period.
For example, it is possible for the citizen to have terminated his contract with the company due to poor or poor performance of the service, in full compliance with the procedure under the Obligations and Contracts Act. However, this termination is not accepted by the creditor company and it continues to charge fees that are not due.
In cases where the limitation period for a receivable has expired, and for periodic claims, this limitation period is 3 years, then the creditor company cannot assert its rights through court proceedings, so it uses the collector companies, which through psychological harassment on the citizens force them to pay one of their obligations that is time-barred.
However, as far as prescription is concerned, it is extremely important to know that it does not apply ex officio but with objection and that the payment of a limitation period is not unduly paid. What does this mean – if the creditor company filed a lawsuit against the citizen for a debt for which a limitation period has expired, then the citizen should make an objection to the court and he will reject the claim. However, if a citizen acknowledges his or her pay or pays only part of the amount, he cannot ask for the money back because a prescription has expired.