本文发表在 rolia.net 枫下论坛上次我在网上曾经请教过大家，现在事情严重了。

我在Scarborough General Hospital住院生小孩整整一年之后寄来帐单让我交一年多前的不明欠款200大洋整，在交涉过程中，寄来了催款公司的催款信，措辞严厉，我该怎么办？

事情经过是这样的（一个long story）：

我于2002年12月份登陆多伦多，已经有5个多月的身孕。经咨询健康部，经多次辗转介绍，我到一个诊所作产前检查，该医生不收检查费，但是一些化验费需要自己承担。我同意。也有好心人告诉一个援助机构的联系方式，万一孩子在健康卡生效之前出生，可以向他们请求帮助。后来没有使用。

后来的产前检查一直在这个免费诊所里做，有一两次诊所开了化验单，到Scarborough General Hospital的后院那个地方去做化验。这化验费已经在2003年的6月份左右的某个时间、用一个我所不知道的化验机构的名义寄给我帐单，200-300元钱，有角有分，当时已经付清。另外做B超也是自己花钱，也已付清。

2003年2月下旬，我去Scarborough General Hospital的产科病房看了一下，问了问护士一些简单的问题，护士老太太可能问了我的名字之类的，实在时间久远，记不清了，但是登记医院是在3月中旬健康卡生效之后去做的。4月中旬生了孩子之后，5月多该医院来过一封信，信中没有提任何欠款的事情。当时我还一个劲到处说：你看加拿大多好，生小孩一分钱都没花。其实我在医院打过几次本地电话，除了电话费，应该没有任何其他费用。

今年4月份，我搬家，收拾出来那封医院来信，心想都一年了，应该不会有任何事了，就把那封信扔了。

事情就是这么巧，今年5月下旬，医院来了一封信，告诉我以前有一笔欠款200大洋，因为他们忘记没有向我催要，现在欠款已经超过6个月，要我马上交齐。

我很气愤，平静后回信问他们是什么费用，为什么一年以后才向我要。对方回信中附了一份收费单（全部是打印，我猜是医院内部使用的），上面缩写的名称是我无法猜测的，可能是检查，也可能是登记费之类的。同时还列了一个小清单，在去年的4月、5月给我寄过两次催款信。向毛主席起誓，这两封信我确实没有收到过！！！要不然我也不会等到今天才着急。

就在我到处找朋友咨询过程中，今天收到一个催款公司的来信（内容大家能猜出来啦），措辞严厉……令我又气又急！

想起当初自己健康卡还没有生效时，凡事都先询问是否需要交钱、交多少钱，同时说明自己的卡什么时候生效。当时对此很谨慎，因为刚来没有工作，而且不了解这里的规则，要明白消费。

经各位朋友的集思广益，我朋友提出再写信给医院，提出以下几点:

我们一介老实人，谨小慎微，从来没有任何欠款，信用卡从来都是按时付清（以前都是用我先生的信用卡，我不久前才有工作，才申请的信用卡），也从来没有任何违法犯纪的事情，这$200实在是冤啊（够我们一个月的餐费了）！

现在我的想法是：咨询一下免费律师（多半不会有实质性的答案，但是可以了解问题的严重程度）；其次，找MPP；最后，实在没辙的时候，是否可以去SMALL CLAIM COURT告他们？

下面是我给他们回信，请帮我审查：

July 20, 2004

Attention: 医院A/R联系人（催款人）的地址、电话

CC: 信用公司联系人的地址、电话

Dear Ms. ***:

RE: Patient Acct #: HS******

Please be informed that your record of me owing your hospital $200 is a mistake, because I didn’t have any test in your hospital but only in the clinic of my personal physician.

Please show me any proof and/or evidence with/or signature of my authorizing you to do any test for me.

I also received clearance letter from your hospital sometime in May 2003. Unfortunately, this letter was thrown to the garbage when we moved residence in April 2004.

I also would like to remind you that since I moved my residence, it is I who tell you my new residence address and the new home phone number. If I wanted to escape, why not I just disappeared?!

I also would like to tell you that I paid every single bill on time and never did anything against the law, and have kept perfect credit history since I came to Canada, and also have excellent reputation in the companies I worked and am working, and also have excellent reputation in the neighborhoods. Is there any reason for me to refuse to pay this very fee if I really owe it to you?

If any further problem, could you please send mail to me in stead of fax? Since the fax number/machine is not for receiving anything upon my personal issue. Any problem caused by faxing anything to me will be your response.

After all, I reserve the right to take further legal action.

Sincerely,

Name & Signature

请问这种情况正常吗？应该怎么处理好呢？请大家给我出出主意，我在这里先谢过大伙儿了！谢谢！！！更多精彩文章及讨论，请光临枫下论坛 rolia.net

j/k.

I reserve the right to take further legal action.

It would be better to tell them you have the right to refuse the payment before you are clear about the cost. And it is a good idea to keep a copy of such letter to prove you have already explained the reason of the payment delay. As what I understand, the point is that you wanna know exactly how did the cost happen, not how to sue the hospital, am I right ?

本文发表在 rolia.net 枫下论坛12 tips for negotiating with debt collectors

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It pays to know your rights and keep a record of all your communications when you butt heads with debt collectors. Here are some ways to hold your own.

By Bankrate.com

When you bargain with a debt collector, you're going head-to-head with a tough, professional negotiator. Following these tips can help you come out ahead.

Learn your rights.
When collecting a debt from you, a debt collector must play fair. For details, check out this consumer brochure on fair debt collection from the Federal Trade Commission.

A free consumer brochure on debt collection also is available from the National Consumer Law Center. Call NCLC's publications department at (617) 542-9595 and ask for a copy of "What You Should Know About Debt Collection."

Many states have their own debt collection laws. For more information, contact the attorney general's office in your state.
Car shopping?
Find the best loan
before you buy.


"When you know your rights, debt collectors know they can't get away with certain things," says Gerri Detweiler, author of "The Ultimate Credit Handbook." "They're less likely to try aggressive tactics."

First things first
Prioritize your bills.
No matter what a debt collector says, an unpaid credit card bill is not the most important bill you have to pay this month. Providing necessities for your family comes first.

"It does not make sense to put yourself in a position that you can't pay necessary bills," Detweiler says.

Estimate how much you can pay and offer less.
"Don't do anything you can't afford to do," says John Ventura, consumer attorney in Brownsville, Texas and author of the e-book "Stop Debt Collectors Cold." "And don't do anything dangerous."

Avoid sending postdated checks to a debt collector or agreeing to automatic electronic payments from your checking account.

"Presuming goodwill on the other side gets people in trouble," Ventura says.

Don't tell them your life story.
"Don't go into a lengthy explanation of why you can't pay," Detweiler says. "They don't have a lot of sympathy. This is what they do for their job. They hear down-on-your-luck stories day in and day out."

Control the information flow
Keep private information private.
Don't give a debt collector personal information such as where you work, where you bank or your checking account number.

"Say as little as possible and stick to the facts," Detweiler says.

Stay calm and focused.
No matter what a debt collector says, keep your cool and stay focused on the negotiation.

"The more in control you sound and the less you fall apart, the more likely you are to get what you want out of the negotiation," Detweiler says.

Tape the call if you can.
Flicking on a tape recorder is a great way to keep a debt collector in line. Plus, you get a record of the call.

Thirty-five states and the District of Columbia allow you to secretly tape your phone conversations. In the other 15 states, you can tape with the other party's permission. And if you tell the debt collector you are going to tape and he or she keeps talking, that's considered giving permission.

"Taping the conversation may keep them on their best behavior," Detweiler says.

Take notes.
File all collection letters and keep detailed notes of collection calls. Note the day and time of each call, the name of the collection agency, the first and last name of the caller and what was said.

"Make sure there's a record," Ventura says. "If you've made a deal with them, get proof."

Get proof of payment agreement in writing.
"Get it in writing," says Jerry Jarzombek, a consumer attorney in Fort Worth, Texas. "If they told you half of it satisfies the obligation and that's what you want to do, have it in writing."

Send a letter to the debt collector outlining the payment agreement. You'll want to send this letter via certified mail so you'll receive a receipt once the letter is delivered. Keep a copy for your records.

If you plan to pay by check, add the following disclaimer: "Cashing this check constitutes payment in full." Write this right on the check.

Timing it right
Wipe your credit clean.
Ask a debt collector to remove any negative information they've placed on your credit report. At the very least, insist that your account be listed as paid in full rather than paid in settlement. Once they agree, get it in writing.

Don't be rushed.
A debt collector will push and push for you to send them money immediately. Don't do anything until you have confirmation of a payment agreement in writing.

"Because you need it in writing, you have to resist all those demands and quick offers to do it overnight," says Mary Fons, a consumer protection attorney in Stoughton, Wisc.

Negotiate at the end of the month.
Because commissions for debt collectors are based on what they do each month, you may want to try negotiating near the end of the month. You could land a really good deal.更多精彩文章及讨论，请光临枫下论坛 rolia.net

本文发表在 rolia.net 枫下论坛There are many reasons people don't pay their debts—financial setback, poor repayment habits, overspending or sometimes they're just not happy with a product they bought.

Whatever the reason, it's important to communicate with the person who is owed money. When creditors understand the problem, chances are they will work out a reasonable, manageable way for the consumers to repay debts.

On the other hand, consumers who don't co-operate with their creditors may find their accounts turned over to collection agencies.

What is a collection agency?

A collection agency is an organization that obtains or arranges for payment of money owed to a third party; this could be a person or a company.

Why do businesses use collection agencies?

Collection agencies provide a service to businesses that:

* are too small to have a collection department of their own
* lack the expertise to collect the money themselves
* want to protect their company image
* think a collection agency will get faster results.

How do I deal with collection agencies?

If you've been notified in writing that an account has been turned over to a collection agency, don't panic. The agency isn't in business to make life unbearable for you—its management just wants to collect the money you owe its client.

What should I do?

*
* If possible, pay the money you owe. You won't have to deal with the agency once the account has been cleared.
* If it's impossible for you to pay the full amount at once, contact the agency, explaining why. Offer some alternative method of repayment, either in a lump-sum or a series of monthly payments. Follow up in writing and, if possible, enclose a good-faith payment.
* Never send cash. Always make payments in such a way that you have a receipt —either a cancelled cheque from your own bank or a receipt from the agency.
* Once the account has been officially turned over to a collection agency, you'll be dealing only with that agency when making arrangements for payment. Don't contact the original creditor—this just creates confusion—unless there's an error in the account. If that's the case, advise both the creditor and the collection agency.

Remember:

*
* Your attitude towards paying the debt has a lot to do with how co-operative the agency will be. For example, when making payments to the agency, be sure not to bounce cheques and miss payments. However, if your financial circumstances change, contact the collection agency and explain your current status and follow up in writing.
* Debts should not be treated lightly. They can result in court action, which could lead to money being taken from your paycheque (garnishee) or seizure of your assets.

If I feel I'm being treated unfairly by a collection agency, what can I do?

The Collection Agencies Act sets out a code of ethics for Ontario's collection agencies.

Ontario's consumer ministry worked with the industry to put this law into place to be sure all collection agencies and collectors follow the same set of rules. The public also has a better understanding of what collection agencies can and can't do. The regulations forbid collection agencies from:

* trying to collect a debt without first notifying the debtor in writing, at the debtor's last known address, that they have been assigned to the account
* recommending or initiating legal or court action on the collection of a debt without first notifying the debtor and obtaining the creditor's written permission
* making telephone or personal calls of such a nature or frequency to constitute harassment of the debtor or the debtor's family
* calling to collect a debt on a Sunday, statutory holiday or before 7 a.m. and after 9 p.m.
* implying or giving false or misleading information to any person that could damage the debtor or debtor's family
* demanding payment of a debt without giving the name and authority of the creditor, the collector and the balance of the money owed
* continuing to demand payment from a person who claims not to owe the money, unless the collector has tried every way to ensure the person actually is the debtor
* taking over a debt from a creditor without first advising the debtor.

Also:

Collectors are not, generally, allowed to contact a debtor's friends, employer, relatives or neighbors for information other than the debtor's telephone number or address. The only exceptions are contacting a person about a debt they've guaranteed to pay for the debtor or contacting an employer about payment connected with a wage assignment or a court order, or to confirm employment.

If you believe any of the above regulations have been breached by a collection agency, contact the head of the agency. If you're still not satisfied, contact the ministry at (416) 326-8555 or 1-800-268-1142.

Financial problems?

If your financial problems are getting out of hand, you should consider contacting a credit counselling service for help.

Assistance is offered, in many cases for a nominal fee, by member agencies of the Ontario Association of Credit Counselling Services. Credit counselling, available from more than 27 member agencies across the province, helps more than 20,000 Ontarians a year find the road to financial health.

For the telephone number of the Credit Counselling Service nearest you, call toll free 1-888-746-3328.

Be an informed consumer

The Ontario Ministry of Consumer and Business Services has published a number of other booklets covering a wide range of consumer topics.

For further information or to obtain copies of the ministry brochures call or write to:

General Inquiry Unit
Ministry of Consumer and Business Services
250 Yonge Street
Toronto ON M5B 2N5

(416) 326-8555
1-800-268-1142
TTY (for the hearing/speech impaired) (416) 326-8566
E-mail: cbsinfo@cbs.gov.on.ca更多精彩文章及讨论，请光临枫下论坛 rolia.net

2、你告诉Collector你不欠医院的钱，他们在继续联系你以前应该has tried every way to ensure the person actually is the debtor；
3、了解得你权力并知道对方什么样的做法是illegal的，比如：making telephone or personal calls of such a nature or frequency to constitute harassment of the debtor or the debtor's family
4、记录所有通话和对方姓名。(take notes， don't tape)
5、前面Dundas说过的，找出你当时从银行里取钱的证据，或任何相关的证据。
6、我理解，目前医院已经把这笔债卖给debt collector, 所以除非你有证据，否则再联系医院可能有会有难度。当然多试试并没有坏处。
7、可以跟debtcollector尝试讨价还价，少pay一点。
8、如果你决定付款，保留收据。