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CBV Collections - sued? settle?

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lime View Drop Down
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    Posted: 05/April/2005 at 7:49pm

Ive been reading this site for a while. My questions are,

1) Can/will i be sued over my student loan

2) How can i get them to settle for a decent amount.

My story is:

Got a student loan a few years ago, payed it normaly for a year after school was done. Lost my job, got sick, went bankrupt. Prior to that i had my loans in the interest relief program where the govt pays just the interest. 2 weeks after my discharge, collection agencies start calling. I basicaly told them where to go. a couple months ago I called CBV collections and tried to settle my one loan (the bigger of the two not sure if thats federal or provincial). I offered to settle for 60% which was the best i could do, she said they couldnt settle for less than 80%. I said no thanks as i couldnt afford that. they called me a couple more times, the latest being from someone in their "litigation department"? (What is that?) Any recommendations on how i should proceed? I almost want to see this go to court. Im not afraid of the court system as ive experienced it all, be it superior court, provincial or small claims.

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kwelmm View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwelmm Quote  Post ReplyReply Direct Link To This Post Posted: 05/April/2005 at 8:00pm
lime,

1) Yes, you can be sued....will you...that depends on what your situation is and if your situation warrants it (to quote Johnny).

2) You can get them to settle for a decent amount by either learning the right words to say or hiring someone who knows how to negotiate with collection agents.

"litigation department"--Some collection agencies house lawyers who take up space in the same residence.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote lime Quote  Post ReplyReply Direct Link To This Post Posted: 06/April/2005 at 6:45pm

Ok, thanks for the reply, but your answer was a little vague. Maybe i should ask, is there anyone here, or anyone that anyone here knows of that has been taken to court over a government student loan?  Im just trying to find out about the process that the collection agencies go through.

Also, you mentioned learning the right words to say. Could you, or anyone else elaborate on that please?

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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwelmm Quote  Post ReplyReply Direct Link To This Post Posted: 06/April/2005 at 7:00pm

lime....do a search on Johnny's posts and you will find the answers you are looking for!!!  He has posted many times on the process the collection agencies go through when deciding to make a referral for justice.

The right words come from someone who has worked in the CA world and can negotiate on an equal understanding of things.  The best way to settle loans that are able to be settled is to hire someone to do it that knows the lingo....that's all I meant.

I apologize if my answer was too vague.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 06/April/2005 at 10:15pm

 

 Lime,

 1) Yes you can be sued by your lender. No one here can answer if or not you will be sued. That depends on your situation. every case is different.

 2) Negotiate. If the debt is Fedral direct or guaranteed CSL, forget about it. Provincial guaranteed loans have different rules depending on which province is owed. Ontario has a blanket permission to accept 90% of the debt. The maritime provinces - forget about it. Alberta - it depends on your situation. Etc.Etc.Etc.

 You asked:

 "is there anyone here, or anyone that anyone here knows of that has been taken to court over a government student loan?"

 If you shout a little louder, you will find a whole slew of people who have been sued by the governments and banks.

 The process of litigation within the PCA is not the issue. It is what the collection agency does to convince their client that you are not acting in good faith and should be sued. In many cases people are sued in malfeasance. Collectors will recommend legal action if they feel it will prompt or scare you into finding all or a good portion of the debt to pay. In other cases, collectors will tellyout hat they can't accept arrangement - and actually threaten to send any cheques you submit back to you.

Most people give up trying to pay because they cannot work productively with a collector who is not willing to be flexible. As a result,  people give up trying to negotiate and simply throw their hands up in the air and say "screw it ... if they are not going to accept my payments then I guess it isn't going to get paid." Once time has gone by, the collector can simply refer it for legal action because there are no payments being made - and there is an avenue of execution available. The lender will simply take the collector's word for it as to conclude that this is grounds for legal action. You have been offering payments all along but the collector kept refusing to accept. You did nothing wrong because you are willing to pay - and have clearly shown intent.

The collector's exit strategy and cover-up of any wrong-doing is so visible to you - but invisible to the ones making the decision. A collector will not enter notes into their client's account file that reflect that the collector refused any payments or arrangements you had offered. Instead, the notelines will reflect content that  alludes to absolute fiction as to state: a) the debtor is not willing to pay or respect the terms of the debt, and; b) all attmepts to collect the debt have been exhausted - legal action is the only solution.

 You wil appeal and say, "I NEVER FREFUSED TO PAY!!! The collector refused to accept my payment arrnagements - and stated that any attmept made by me to pay in increments will be fruitless. Why make payments and spend money on a stamp and chequing account charges if they are simply going to make my efforts look like a joke?"

 The lender will say, "There is no indication in the history of your account that you had made any effort or attempt to repay. Instead, the collector working your file clearly indicated that all avenues to collect the debt were exhausted ...".

 It is your word against the collectors. Who is your lender going to believe? If you can convince the lender otherwise, then you should have no problem negotiating a settlement by knowing "what to say".

  You must also remember that third-party collectors have absolutely no power to sue Crown debt. That is done byt he department of justice. If the colelctor deems a CSL borrower as non0compliant to the terms and mandates of the CSLP, then they are required to refer the account back to HRDC for justice.

 Lastly, you asked what the rights words to say would be regards to offering a settlement.

EVERY CASE is different - and unless you have 10 plus years of procedural knowledge - and some psychology background, you will have a difficult time working from advice only. Sorry to break it to ya, pal, but that is how it is. 

 Kwelmm said the exact same stuff - just in a shorter - more blunt statement. If you are not a good negotiator, you will have little to no success in achiveing this mark. Advice is not going to do it for you becuase you need the skill to compliment this advice.

  

John LeBlanc
The Canadian Financial Wellness Group
 
Tel: (902) 464-8727
 
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lime View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lime Quote  Post ReplyReply Direct Link To This Post Posted: 10/April/2005 at 1:09pm
Maybe i have the skill already and all i need is some advice. Or maybe im just like everyone else here and im looking to gain a bit of knowledge to help me fully understand the situation im in, and how to best deal with it. Not everyone can afford to go straight to a lawyer and have them deal with it, otherwise these forums would be empty. Telling me i need 10 years of experience and a background in psychology to negotiate a loan settlement...it's like saying i need to be a licensed mechanic to change a tire. Maybe i just need to know that i have to torque the lug nuts in a certain pattern for it to be done properly.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 10/April/2005 at 1:54pm

 

 

 If you have the skill to do this on your own- you do not need advice, Lime. You are not like everyone here. every case is different.  

 A lawyer is not going to solve the crisis. Lawyers are available to service your legal problems. Besides, lawyers charge fees that are ridiculously high on the hourly basis as you can imagine. I can solve the crisis for a fraction of what a lawyer would charge.

  It would  take 10 years of procedural knowlege and a background in psychology to effectively solve, or at least effectively cope with ALL of these problems for yourself. It is not just about offering a settlement, Lime.

 Bythe way, could you rebuild a transmission just by me telling you how to do it - without having any mechanical education or experience of that degree? We are not talking about changing tires here, Lime. we are talking about rebuilding transmissions and engines.

If you are mechanic who specializes in rebuilding these devices, then you have the skill - and do not need advice on how to meet the objective. All you do is go to work and it is done in due process.

 So, do you have the skill to complete your objectives, Lime?

 Johnny

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Post Options Post Options   Thanks (0) Thanks(0)   Quote wkgpoor Quote  Post ReplyReply Direct Link To This Post Posted: 10/April/2005 at 3:42pm

I know what you mean about CA's ability to paint a bad picture of you..when I was talking to one and told them I would not give them any personal information until I had recieved a hard copy of my file by mail, the Ca told me that he was entering into the computer that I was being difficult and non-compliant...and this was when I was calling THEM about my debt!

I have decided to attempt to play ball with them..I will fill out the questionaire for the feds, and offer to pay 3% of the total debt per month.  The bank portion I will report my earnings and expenses but I will not include my spouse's info because she is adamant about keeping her privacy...unfortunately the feds will not tolerate this, as I have learned.

I will keep you posted...

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Post Options Post Options   Thanks (0) Thanks(0)   Quote lime Quote  Post ReplyReply Direct Link To This Post Posted: 10/April/2005 at 3:49pm

That's not true at all. Even a skilled mechanic will ask for advice from someone else if he has never worked on a particular vehicle as they all have their own quirks.

Could i rebuild a trasmission just from having someone tell me how? Yes i could. I realise you use this board to sell your services, and that is why the majority of your posts are vague and end with 'call me'. Im sure you help a lot of people but could you please stop telling me what i can not do. Perhaps there are other people that read this forum that will lend their experiences and suggestions rather than telling me im too stupid to be able to do anything about it.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwelmm Quote  Post ReplyReply Direct Link To This Post Posted: 10/April/2005 at 4:02pm
lime,

No one is telling you that you are stupid...if you don't want his help don't take it....good luck...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote CARGO1 Quote  Post ReplyReply Direct Link To This Post Posted: 10/April/2005 at 4:14pm

Lime,

nobody said you were to stupid to do this on your own. In fact Kwelmm gave you the directions to find the information you are looking for. If you read Johns posts you will find the road map to what you are looking for.

John has helped many people thru this board and has also offered enough information to the board to use to your benifit. Do not kid yourself, this board would not be as valuable as it is with out his postings.

as far as the vague endings to Johns posts. they in more times then not end with "call me" because he means it. More times than not he will over the phone point you in the right direction to service your own situation, it is when you do not have success that he is there to offer you his services.

So in short, BEFORE YOU run around chastizing John for not offering his services freely.He has paid the price to learn.. something you have not. read the posts and educate yourself and then ask the tough questions.. 

Troy 

 

              ����The best way to forget your troubles is to wear tight shoes.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 10/April/2005 at 4:37pm

 

  Lime,

 Do your research and ask your questions. If you are able to do the job yourself, then do it. If you want to start an argument, you are wasting your time.

 I don't think I have ever refused to answer any of your questions.

 Johnny

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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwelmm Quote  Post ReplyReply Direct Link To This Post Posted: 10/April/2005 at 6:46pm
Lime....you're full of A LOT of "maybe"s....most people who talk about their skill are confident in what they do....so, out of curiosity, could you answer some questions:

1)  If you all ready have the skill set....what information are you             seeking here?

2)  If it's knowledge you seek...why put up a fight with the people who     can best help you to gain that knowledge?

3)  What are your questions??

4)  Why is your back up over John?
John has offered to answer your questions......

John has helped many people on here and offers free words to those interested in hearing them!!  If that makes you nervous...maybe you should leave.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote eshelton Quote  Post ReplyReply Direct Link To This Post Posted: 12/April/2005 at 7:46pm
Somehow I get the feeling we've been through this process before -- many times.  If Lime does not wish to take the advice on this board, so be it.  I'm not wasting anymore time on these detours, nor should anyone else. 
"A proof is a proof. What kind of a proof? It's a proof. A proof is a proof. And when you have a good proof, it's because it's proven." - Jean Chretien
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Post Options Post Options   Thanks (0) Thanks(0)   Quote aaska Quote  Post ReplyReply Direct Link To This Post Posted: 17/July/2017 at 6:23pm
I have had my file at CBV collections for my student loans for 11 years.  I have paid off the risk portion of both my provincial and federal loans. I have been making payments monthly to CBV for this whole time but over the last two years I have had to reduce my payments  as our household income has changed drastically, as my spouse became ill so he is unable to work any longer.  I was bullied on the phone from a collector on friday about phoning around on the weekend to come up  money to come up with a settlement as he said i have to increase my payment. I said no i was not doing that, and i would make my regular payment at the end of the month like i always do.  I wondering if i am making regular monthly payments what is the likelihood I am going to get sued? Of course i have been given contradictory information from the different collectors over the year.  I was told before by a collector that because i have been making regular payments it is showing good faith.  Not sure what to believe anymore.  This also spurred me to file a only contact by mail through Consumer Protection B.C....I am wondering now if i opened a can of worms Unhappy
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