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creditwrench
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Joined: 13/March/2005
Location: United States
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Posted: 16/March/2005 at 12:56pm |
I won't argue with you about which is preferable. I agree that keeping one's cool is much better.
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kwelmm
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Joined: 06/November/2004
Location: Canada
Points: 702
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Posted: 16/March/2005 at 3:28pm |
You're coming around, creditwrench....LOL
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WantOut
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Joined: 26/November/2004
Location: Canada
Points: 63
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Posted: 19/March/2005 at 1:06pm |
I just wanted to respond to an earlier post by Iola regarding calling the police when the collection agencies repeatedly call when you've told them to stop ....
I've tried this. The police say there's nothing they can do because a law is not actually being broken. I argued that it was my understanding that when you've asked someone to stop calling you and they won't that it constitutes harassment. I asked what WOULD constitute harassment, if not this, and the officer said that if it was a past partner or someone like that, then it would. That makes no sense to me, but I was unable to get any action on the part of the police.
Now, maybe the rules are different in other provinces (I think Iola said B.C. was the province he/she was posting from), but evidently in southern Ontario I "would not be able to get any police officer to intervene in something like this".
Just thought I'd pass that on .... not that it's terribly positive or anything. It was somewhat disconcerting to discover that one of the avenues of relief I thought was available to me was in fact not.
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In order to discover new lands, one must be willing to lose sight of the shore for a very long time.
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creditwrench
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Joined: 13/March/2005
Location: United States
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Posted: 19/March/2005 at 3:50pm |
WantOut wrote:
I've tried this. The police say there's nothing they can do
because a law is not actually being broken. I argued that it was
my understanding that when you've asked someone to stop calling you and
they won't that it constitutes harassment. I asked what WOULD
constitute harassment, if not this, and the officer said that if it was
a past partner or someone like that, then it would. That makes no
sense to me, but I was unable to get any action on the part of the
police. |
That is also true in the states. What you were
really seeking was what is known here in the states as a VPO or
victim's protective order and is only available in cases of family
disputes.
I do not know about Canadian law but stateside we can enforce a cease
& desist only by filing lawsuit against the offender under the Fair
Debt Collection Practices Act. As far as I know there is no other civil
remedy available but I must stipulate that the remedy may also be
available in civil law without reference to FDCPA because Cease &
Desist can also be demanding of a civil court that it order the
defendant to cease & desist from any act that they may be doing
which is illegal for them to do so I must assume that it can be done in
other types of situations as well. I just haven't heard of any cases in
which Cease & Desist was actually adjucated so I cannot be counted
on to be expert in the matter except as it applies to FDCPA.
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kwelmm
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Joined: 06/November/2004
Location: Canada
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Posted: 19/March/2005 at 4:00pm |
In Canada....it's a restraining order....similar to your VPO.
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k_lam
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Joined: 12/May/2005
Location: Canada
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Posted: 12/May/2005 at 5:38pm |
advisor wrote:
also depending on which province you are in - for example, BC has a government agency - consumer protection which you should report any harassing or threatening behavior to, in regards to collections with student loans. Once you have made 6 regular payments on your student loan collections, you can apply to have it recalled back to regular student loans repayment. |
Hi there, I wonder if it is true that if I manage to pay 6 regular payments to Collection Agents, I could apply to back on regular loans repayment? How does it work? Any more detailed information regarding this? Please advise as soon as you could as I need to talk to Collection Agent tomorrow morning. Please kindly help.
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creditwrench
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Joined: 13/March/2005
Location: United States
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Posted: 12/May/2005 at 6:40pm |
k_lam wrote:
advisor wrote:
also depending on which province you
are in - for example, BC has a government agency - consumer protection
which you should report any harassing or threatening behavior to, in
regards to collections with student loans. Once you have made 6 regular
payments on your student loan collections, you can apply to have it
recalled back to regular student loans repayment. |
Hi there, I wonder if it is true that if I manage to pay 6 regular
payments to Collection Agents, I could apply to back on regular loans
repayment? How does it work? Any more detailed information regarding
this? Please advise as soon as you could as I need to talk to
Collection Agent tomorrow morning. Please kindly help. |
My experience here in the states has been that if you demand validation
of the debt in writing the debt collector has to send your demand back
to the Dept of Education who then jerks the account from the collector
and then once that has happened you can get into the William B. Ford
student loan rehab program and if you make regular payments for (I
think) 1 year then you can get it back into the regular program with a
clean credit report. How it works in Canada I have no idea.
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k_lam
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Joined: 12/May/2005
Location: Canada
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Posted: 14/May/2005 at 4:55am |
[/QUOTE]
My experience here in the states has been that if you demand validation of the debt in writing the debt collector has to send your demand back to the Dept of Education who then jerks the account from the collector and then once that has happened you can get into the William B. Ford student loan rehab program and if you make regular payments for (I think) 1 year then you can get it back into the regular program with a clean credit report. How it works in Canada I have no idea.
[/QUOTE]
Thanks very much.
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misscynic
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Joined: 26/May/2005
Location: Canada
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Posted: 27/May/2005 at 4:41am |
hi,
I'm new, and haven't had the chance to read all the posts, so I apologise if this has been discussed already...
I've been in default of part of my CSL for nearly a year. It's a long story, but I didn't realise I was defaulting (honestly!) which is why I ended up in this situation in the first place. I've been paying off my MB student loan as well as a portion of my CSL (the part that was distributed through the bank, when they took over the program a few years ago) for for a year and a half. The portion I'm in default on is the portion distributed by the government. Anyways, 8 months into my repayment status CBCL called to tell me I was defaulting on my loan. The agent said I needed to pay it in full by the end of the month. I said I couldn't. At the time I was on EI, and the agent then said I could apply for interest relief which would only last for a few months. I said fine. Then I waited. No papers came. I had a trip booked months in advance for a good friend's wedding in BC so I went, and when I got back there were still no papers. I called CBCL and they said they hadn't sent them because I had to REQUEST them first... So I asked for them and was told that it was too late and I couldn't apply because I was starting work again within a couple of weeks.
Then I got the financial questionnaire. I got a new agent assigned to my file and she said I had to have it sent in within 2 weeks. (I didn't.) She accepted the amount I was willing to pay and asked for 6 post-dated cheques to cover 6 months of payment. I sent them in and never heard from them again. She told me when the 6 months were up I'd re-do the financial questionnaire to see if my situation has changed (i.e. see if I can pay more).
That was supposed to be this month. I called CBCL yesterday to ask about this, and 'my' agent wasn't there and I got some guy called Dave. He said he would be my new agent. He told me that the re-doing of the financial document was something I was supposed to do myself, not send in, because I wasn't supposed to be paying CBCL anymore. (I didn't know this.) He told me CBCL is just supposed to be a temporary thing while I find another way of financing my debt. He said CBCL is not a bank, they're not supposed to take monthly payments. He said my credit rating is in the toilet because I'm still dealing with them, and if I just went and financed my loan elsewhere and paid off CBCL then my credit rating would be all good again. He gave me suggested loan amount requests for financial institutions, told me I'd be better off with a credit union rather than a bank, then started calculating monthly payments for me.
"If you ask for a $4000 loan and they charge you 9% you'll only have to pay around $100 a month if you can spread it over 4 years, or maybe you can try to get even a 10% rate over 5 years..." stuff like that. I said, but I have hardly any money in the first place - that's why I'm defaulting! No bank will give me a loan. He kept saying that it's "in my best interests" to get a bank loan. I said, what happens if a bank won't take me on? He sighed and said, of course CBCL will "take me back" but I'll have to pay more per month, and it will be at my own risk: He said my account could be closed down at any time and me taken to court, because after all I am in default. And when I said I'd have to send a cheque for this month's payment at least, he snorted, "well, it's your credit rating". And that was that.
Sorry that was so long. I'm just really frustrated. My boyfriend says Dave was just trying to get his commission and try to intimidate me, and that it's perfectly acceptable for me to continue with my monthly payments to CBCL. Is this true?
-Larissa
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White Tiger
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Joined: 27/May/2005
Location: Canada
Points: 10
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Posted: 27/May/2005 at 11:22am |
Okay, here it goes!!! I have 4 yes count them 4 different collection agencies after me! I originally had an OSAP loan through my bank and then I decided to go back to school with a loan from the National Student Loan Center, because I could only obtain employment in Call Centers. So I ended up with 2 Provincial loans equaling $8000 and 2 Federal loans equaling aproximately $22,000. Ironically I have nothing to show for it because no Lawyer will take a chance on a Legal Secretary/Paralegal with no experience so all this education amounted to NOTHING!!! Now, I had every intention of repayment, however when they all came due after my Paralegal course I realized that combined they were asking for about $500.00 a month!!! I was never aware that I would have to make those kinds of payments. Silly me I thought that they would think of my financial circumstances you know being a single mother and all. hahahaha! Now I am getting calls so far from 3 of them first one was rude and condescending and quite honestly he scared me into giving him 3 postdated $150 cheques, the second was much nicer (hahaha) she at first accepted my $50 offer only to call back 3 days later to say that they cannot accept that amount if I am able to pay $150.00 to the other collection agency to which I explained to her that the first one won't be able to get that amount anymore as my Baby Bonus is going down in July by $300. She replied that she would send me out the financal questionairre to fill out which I am totally scared to fill out. Now comes the third one who almost suckered me. He is sooo nice and understanding, in fact he has even gone through something similar himself (apparently hahaha), so eventually he says that he will work with me yadayadayada... At the end of the conversation he states what I will need from you is some kind of faith payment like a payment through your online or telephone banking even if it is only one penny because I have to send the report back by Tuesday (he has only had it just over a month with this being the first contact) and if he sends it back with no payment at all, well the HRDC may see this as a non compliance and take me to court. The funny thing is, is that I heard a desperation in his voice (that I hadn't heard before when I was co-operating with him) when I refused to make the payment and said that filling out the financial questionairre and sending the 3 postdated cheques should be enough. When he kept pressing me for why I wouldn't I finally bluffed and said that I would like to consult a Lawyer before I made a payment, he was cowed and said okay. Now every one of them tried to get me to tell them where I worked and I wouldn't tell them and after reading a lot of these stories I am glad that I didn't because I cannot afford to be getting calls at work! In addition to this all three of them mentioned the matter going to court and that I should get a consolidation loan, one of them went so far as to ask why can't you get the guy who answered the phone to co-sign and who was he to which I replied respectfully that that was none of her business. They can be very rude!!!
Now here is the problem: I am a mother of 2 making $2000 GROSS not take home, I live with my boyfriend (3 years) and I don't want them going after him for my debts. It is already hard enough to keep a long term relationship going without having to lay all of my financial hardships on him.
Now here are my questions:
1. Do I have to fill out the questionairre's?
2. Do the collection agencies have to accept the $50 payments?
3. What other advice can anyone give me besides hiding which is not possible with kids?
Any advice would definitely be most appreciated.
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Sherrylee
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White Tiger
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Joined: 27/May/2005
Location: Canada
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Posted: 27/May/2005 at 11:32am |
I just thought of something, just to let you know $2000 may seem like a lot but when your rent is half of your pay and the other half goes on food, transportation, cable, and phone believe me when I say $2000 is more like $200 because that is all I have left! Also that is not including clothing, coats, field trips, and the $25 a week in daycare!!! I have read quite a few stories and to be honest with some of them I have to feel quite bad because with the wages they put in their post's I really don't know how they do it. I would like to commend those people, they are strong people!!!
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Sherrylee
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farmer
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Joined: 04/December/2004
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Posted: 27/May/2005 at 11:43am |
What I did was work out our monthly budget in an Excel spreadsheet, and
quickly realized why we were having so much trouble (me , wife, 4 kids)
we were running some months up to $1000 in the red. So in spite
of them trying 3 or 4 agents in the past six months, there is no way I
can increase the payments I am making right now.
You all know the story though, it's never good enough for them. I
really don't know how these people sleep at night, I really don't.
To answer your questions, you probably should fill out their
questionare (once). Just make sure to put down every little bill you
have to pay, write down everything you spend a single penny on in the
month. That will help the tracking of it.
Yes, they MUST accept any payment you send them. Although they will lie
until they are blue in the face that they "won't" accept anything
except what they say.
Other advice, if they are getting to be too pushy, just hang up. Get
caller id, and just ignore them if they keep pestering you (after you
have sent in a payment - even just a little one) for the month.
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White Tiger
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Joined: 27/May/2005
Location: Canada
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Posted: 27/May/2005 at 11:58am |
Thank you for replying so quickly, I guess you understand how stressful this situation can be. The only problem I have with filling out the questionnaire is that it gives them access to my work and to my boyfriend. Now just out of curiousity how do you know that they have to accept the payment offered because one of them said that they cannot accept payment without the questionnaire, and another said that could not accept anything under $150.00? PS Wow 4 kids and they still could not take your financial strain under consideration?
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Sherrylee
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Lastride
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Joined: 05/June/2005
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Posted: 05/June/2005 at 3:21pm |
Ok, here goes....This is my first post here. I am hoping someone can give me some guidance.
I had a student loan in 1993/94 for $3990.
I have never made a payment on this or acknowledged the debt with CBCL(and they really really really want me to do this! They want me to send them $1 a month just to acknowledge it)
In 2000/01 I had to declare bankruptcy. CBCL started phoning me last year and they wont stop now. I have not sent in a financial questionaire as I dont want to give them anymore info than they already have. They have phoned my employer and told them they will be sending them info on garnishing my wages.
How long does it take for HRDC to forgive a student loan? I was told that if I had declared bankruptcy 10 years after my student loan then it would have been forgiven. Is this correct?
Any advice would be appreciated..thanks
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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
Points: 5996
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Posted: 05/June/2005 at 4:02pm |
Welcome to the forum.
HRDC does not forgive student loans unless you are:
a) Medically/physically/psychologically disabled with a ton of proof
b) Doing the dirt nap
c) Incarcerated for a very long time
d) able to demonstrate that you will never be able to pay the darn thing - with a whole truck load of substantiation.
As for the acknowledgment thing ... your debt is not due to become statute barred for some time based on what you have described.
Quote:
"I was told that if I had declared bankruptcy 10 years after my student loan then it would have been forgiven. Is this correct?"
No.
An absolute discharge will depend on several factors, such as:
a) the degree of your financial hardhsip
b) the reasoning behind your bankruptcy/what your debts were at the time
c) Your past history with the CSLP
d) Your educaiton, and if you are employed gainfully because of it.
These are just a few things.
If you want help solving this problem, let me know. Doesn't look like bankruptcy did anything for you.
Johnny
www.cfwgroup.ca
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lola
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Joined: 21/February/2005
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Posted: 05/June/2005 at 4:18pm |
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Lola
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SolveStudentDebt
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Posted: 05/June/2005 at 5:52pm |
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BigFatherA
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Posted: 06/June/2005 at 3:32am |
Hey! I thoght dealing with dirt naps is my jurisdiction!
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BigFatherA
Priest & Teacher
non carborundum illegitemi est
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SolveStudentDebt
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Posted: 06/June/2005 at 4:47am |
How have ya been big daddy? We haven't talked for ages. Let me know when you are ready to deal with that thing of yours. I have some more ideas.
Johnny
www.cfwgroup.ca
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Lastride
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Posted: 08/June/2005 at 6:30am |
I just had another wonderful call from my friends at CBCL Every call always ends up the same way...the person keeps telling me to acknowledge the debt...at least 12 times during a conversation.
Is there some legal reason that if I acknowledge the debt by making a $1 payment that I am now responsible for it?
A friend of mine's wife bought a vaccuum cleaner from a door to door salesman. Signed for the monthly payments, thru TransCanadaCredit. He never made a payment on it as he never wanted it. He even told the company to come and get it but they said to bad. Anyway, of course the collection agents started phoning. He went to a lawyer and his lawyer said have you made a payment and he said no. The lawyer then told him to not make one, not to acknowledge the debt, and give his name to the collection agency.
He never received another call again and that was 4 years ago. Just wondering if this is similar to my question or not? Thanks
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