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warrior
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Joined: 17/March/2005
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Topic: disabled & just trying to survive Posted: 20/March/2005 at 11:15am |
I am a person living in Canada who took a loan out to go to university here in Ontario. I was an honour roll student in high school and every one just automatically assumed that I should go to University telling me things like "you can get the same jobs as ppl in college but you'll make more $, and that I'd have an edge to compete withetc etc." I did not come from a family with much money and had not been saving so I took a student loan. I became ill toward the end of my studies but doctors thought it might be temporary. that was in the mid 90's.
Today I am still sick... actually more sick than i was back then. For many years i worked when I could (which was not much or often). I have never been able to put any money towards paying it off. I kept being short of hours for EI and at the time was not recommended for disability. I bounced between some small jobs between all the doctor's appts and when i was unable to work at all had to rely on social assistance. The interest alone is more than I could ever imagaine covering but that means i will never be able to make a dent in what they're asking me to pay.
As far as I know there is no exemption for ppl who become disabled. In my case, I didn't apply for interest relief or claim my disability during the period 6 months following my graduation. I am told that at best if I can prove that I am never going to be able to work again the gov't will stop pursuing me BUT that the debt itself continues to build and accrue interest FOREVER. This is the information I am getting from the gov't! They told me when I die they will get what they can from my estate (which will be nothing). They told me that my record will always be there and growing.
Collector's have harrassed and abused me(quite literally) for years and in my health I simply can't afford to deal with that. I have completely stopped answering all calls except from known numbers and have received mail form collector's for yrs. I have never promised to pay them anything because I am barely surviving. I have gone to credit counselling before and been advised to worry about things like getting and staying out of rent arrears and getting food for myself before trying to deal with anything else. Now that I was finally awarded a disability status I wonder if there is anything at all out there to help some one like me. I have considered waiting the 10 yrs, since it's not that much longer, and going bankrupt. I am not sure if i would get discharged because i never tried to pay and only ever had one payment TAKEN unvoluntarily as a lien against my taxes. Also I read somewhere on this site there is a statute of 6 yrs for them to try and collect if i have not acknowledged (signed anything or payed part of it). Does this apply to me?
It's hard enough to accept that I am permanently ill and disabled. I have had to give up all the dreams of the blazing career and opportunities to travel or experience certain things. I even have to face that I will never own a home or be able to raise a family because I live in such poverty and debt. I suffer every day, and fight to keep the will to live (something I have not always had but am building back these days). I think it's sad that our government has nothing in place for people who are ill to assist them or lighten their burden where this type of debt is concerned. I don't know what to do about it. I need all of my energy devoted to my health.
Anybody out there with options or suggestions?
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warrior
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kwelmm
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Joined: 06/November/2004
Location: Canada
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Posted: 20/March/2005 at 11:35am |
Warrior...you are a true survivor to have come this far and managed your illness Good for you...this shows incredible strength!
Check out the disability claims help forum on here if you haven't all
ready . Do not give up....apply...apply...apply. People are
refused all the time...keep appealing.
Momof2 will be able to provide great insight into things for you!!
My husband is an amputee, so part of his loan was taken care of through
the disability process. Funny thing is...when he was having
problems with his leg not healing (from a minor surgery)...he could not
keep jobs and did not collect enough hours for EI either! He did
not work for 6 yrs and there was no program that would accept him so we
could have some financial assistance....IT was very frustrating!!!!
Good news is he is currently working....his leg managed to heal
completely over after this 6 years. I didn't think our financial
misery would ever end....but it did
Thanks for sharing your story...that takes courage!!
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eshelton
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Joined: 19/January/2004
Location: Canada
Points: 375
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Posted: 20/March/2005 at 12:23pm |
If you have not made a payment or acknowledged the debt in writing since the mid-ninties, your loan may be statutes barred. If it is, it is legally uncollectable. It is 6 years usually, and the provincial portion of your loan will depend on the provinces laws. I beleive Ontario, AB and BC have different time periods than the 6 years.
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"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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CARGO1
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Posted: 20/March/2005 at 7:32pm |
Momof2 and John leblanc,
These 2 people willhave all the advice you will ever need
welcome to the forum
Troy
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wkgpoor
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Posted: 22/March/2005 at 6:05pm |
I have just jumped into the collection storm and wonder if I will be able to handle it psycologically..I've had a bad few years and have just recently felt well enough to go back to work and I hope the stress of collections and the threat of lawsuits dont push me over the top..scary. All we can do is try.
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WantOut
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Joined: 26/November/2004
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Posted: 24/March/2005 at 6:17pm |
I hear you, wkgpoor .... I've wondered if I was going to come out the other end of all this with any of my sanity left. Just hanging on my fingernails some days. If the stress gets too much for you, try John Leblanc! He's a magician ..... Also, read up on some of the posts on this site (there are many, many). You'll find there are lots of people in the same situation that you are, and often it helps just knowing you're not alone!!
In solidarity ...
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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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momof2
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Posted: 27/March/2005 at 2:47pm |
warrior
i have been away from the site for a while, so have not been able to post. sounds like you have ben through quite an ordeal. i can relate, believe me.
alexa mcdonough is trying to change the six month disability thing to five years, which will benefit many of us who have become ill and are unable to work. please take a look at some of my postings under this forum, specifically the template for disabilty and my make it personal letters. my diagnosis comes just after exhausting five years of interest relief, i have been undiagnosed for at least two years. i have managed to get cooperation from my bank and have yet to deal with a collection agency while i am trying to sort his out ( its been three months and still nothing). take comfort in knowing you are not alone.
depending on your situation you may be able to qualify for a federal disability loan repayment benefit, CPP-disability benefit, medical loan forgiveness, or somthing along those lines. can i ask what province you are in, when did you graduate, when was the last time you made a payment, and the nature of your illness ?? these questions will help me figure out what options you may have available to you.
the most important thing is your health. dont let the CA's stress you out. let's see if we can find a way to get your situation more bearable, i'll help if i can.
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bullwinkle
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Posted: 01/June/2005 at 1:02pm |
My situation is somewhat similar to Warrior's and momof2's. My
study period ended in April 2002, and for the first year I pretty much
kept up on my loan payments. Then I became too ill to work and was on
EI/sick benefits for all of 2003. I stopped making loan payments at
that time.
It took along time and many tests for the doctors to figure out what
was wrong with me as my chronic pain (lots of other symptoms as well)
had no organic cause. I was eventually diagnosed with Post Traumatic
Stress Disorder as a result of prolonged trauma many years ago,
memories of which I had repressed. I suffered silently, and
self-medicated all through my two degrees, not knowing what was wrong
with me, but after graduating and working for a year I had a breakdown.
I have been receiving provincial disability benefits for about 3 months
now, and CPP has also deemed that I am disabled under that legislation.
However, any benefits I'm entitled to from CPP will be taken by the
province, which means I only have $856/month to live on. I have
over $20,000 in CSL and over $20,000 in RBC loan, which is now in the
hands of Federal Credit & Consulting.
My only hope now seems to be if Alexa McDonough is successful in her
attempt to get the "within six months of study" changed to five years,
or to have the bankruptcy period reduced to five years.
Otherwise, I can't pay any amount, and the creditors still come after
me.
I'm getting set to write this information to FCC and Social Development
Canada, both of which continue to demand payment in full from me.
I don't really see any way out of my situation. Any suggestions?
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SolveStudentDebt
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Posted: 01/June/2005 at 4:54pm |
Winkle,
If you are unable to work as a result of illness (physical or psycho-emotional), and you have a medical profile of your condition from your doctor or psychiatrist that clearly places you on the disabled list ...
Step 1 - Obtain a complete profile and diagnosis report of your illness from your doctor and psychiatrist. Make sure that there is a report that states your inability to hold employment.
Step 2 - Draft up a complete financial statement for disclosure. (If you need help with this, let me know and I will send you a nice template)
Step 3 - Have a third party draft up a document that substantiates your disability - and how it limits you.
Step 4 - Draft up a closing letter that describes your fears of a bleak future, and how the burden of this debt limits your ability to be productive in the home-front and community. Also state that the stress and constant worry about the financial burden is extremely psycho-toxic - given the fact that you suffer from PTS. Your mental illness combined with the stress and depression caused by the debt burden can only aggravate your condition - and further limit your ability to recover and get well - which is your IMPACT STATEMENT (hint hint).
Please don’t rely on the bankruptcy administration to save you. There are too many things wrong with it that people just do not realize until it is too late. The government will not allow one of it’s main investment and profit margins (The Canada Student Loans Program) to collapse- and lose money. ALL of the political parties are aware of this.
If you ever need help, let me know. I am only a phone call away.
Johnny
www.cfwgroup.ca
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SolveStudentDebt
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Posted: 01/June/2005 at 4:57pm |
To add more ...
After you have completed Steps 1 to 4, pile it all up into a package and make an appeal for loan forgiveness based on medical disability and extenuating circumstances that limit your ability to be productive and recover. Key words in here, remember. Use em.
When you have done this, contact me and Iwill help you submit it - and plug you into the pipeline so you can be heard.
Johnny
www.cfwgroup.ca
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bullwinkle
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Posted: 02/June/2005 at 11:22am |
Thanks for your feedback Johnny.
I was under the impression that I wasn't eligible for loan
forgiveness based on medical disability because I was deemed to be
disabled more than 6 months after my last study date. Are
you saying that the system is not as rigid as I thought, and that there
is room for discretion on the part of some decision-maker[s] who has
responsibility for my file?
I have little faith in bureaucrats so I had considered it hopeless to
try to appeal to their humanity. But what you seem to be saying gives
me a glimmer of hope.
My case may be somewhat unusual in that my disability is rooted in past
events. The breakdown I mentioned above happened when it did
because I could no longer handle all the various symptoms I had been
suffering for years. I could have reached that breaking point
much sooner, within the time period when my disability would be grounds
for loan forgiveness. The only reason I didn't was because I was in
denial, thought I could simply bury the past, and never made the
connection to my past trauma and my present physical/psychological
ailments. I found out the hard way that you can't simply bury the
past.
Even when I left my last employer, I didn't realize how bad things
would get. If I had, I never would have left because I could have
gotten much better disability benefits from the extended medical
benefits I had at work. It was only after being on EI sickness
benefits for many months that I was finally properly diagnosed, but by
then I was no longer eligible for disability benefits from my last
employer. And I was outside the 6-month-after-study period for loan
forgiveness due to disability.
I suppose all of this would be part of the extenuating circumstances
you refer to. Others here have highly recommended you, so I'll
follow your suggestions. I really have nothing else to lose I
suppose. I shouldn't have much problem putting this all together,
but it may take me awhile, so do you think it would be wise for me to
write Fed. Credit & Consulting and the CSL people to tell them that
I intend to apply for loan forgiveness?
They do not yet know that I am on disability. My last
communication with both the CSL and RBC people was in the early months
of 2004, telling them that I was unemployed and unable to make my loan
payments and inquiring about interest relief. Their response was
that I was ineligible for interest relief (which is why I'm surprised
to read that momof2 had interest relief for 5 years) and they demanded
payment in full of my loans, totalling around $45,000. There's probably
a couple thousand $ in accrued interest as well. Since then I
have simply ignored them as I was simply too ill and stressed out to
deal with them. Even though I had written several letters (I've kept
copies) telling all my creditors that I would no longer deal with these
matters on the phone, I continued to get phone calls everyday. For
along time I never answered my phone, but they would still leave
messages everyday, sometimes angry ones. Eventually I just got
rid of my phone.
Sorry, I'm rambling on here. Just a couple more question. I
suppose I would need to do two packages, one for Financial Services -
Social Development Canada and one for Federal Credit &
Consulting? I have 4 outstanding loans, one is a CSL, one is a
Direct Financing Student Loan, and the other two are both RBC student
loans.
What does it mean when more than one credit agency is involved? My RBC
defaulted loans were first being handled by Canadian Bonded Credits
Ltd. Then suddenly, out of the blue, my relatives got a call a
few weeks ago from FC&C looking for my phone number. This week I
got a typical threatening letter from FC&C. Do they just pass
these accounts around or what? I get dizzy trying to keep track
of everything.
Anyway, I really appreciate your feedback, and yes, I would like you to
send me a financial statement template if it's not too much trouble.
You can send it to pbullwinkle@shaw.ca
Thanks for your help.
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SolveStudentDebt
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Posted: 02/June/2005 at 12:24pm |
“I was under the impression that I wasn't eligible for loan forgiveness based on medical disability because I was deemed to be disabled more than 6 months after my last study date. Are you saying that the system is not as rigid as I thought, and that there is room for discretion on the part of some decision-maker[s] who has responsibility for my file?”
You would be motioning a different kind of appeal in this regard. The appeal is based on your indefinite or permanent disability. Based on what you have described, you are disabled due to PTS. That particular condition is not to be taken lightly - especially if you are under constant stress and tension as a result of other toxic occurrences that are beyond your control. The emotional strain could only aggravate your condition, which is certainly not conducive to you healing and becoming well.
Never give up hope. Never give up – for this thing we call failure is not the falling down, but the staying down.
You wrote:
“My case may be somewhat unusual in that my disability is rooted in past events. The breakdown I mentioned above happened when it did because I could no longer handle all the various symptoms I had been suffering for years. I could have reached that breaking point much sooner, within the time period when my disability would be grounds for loan forgiveness. The only reason I didn't was because I was in denial, thought I could simply bury the past, and never made the connection to my past trauma and my present physical/psychological ailments. I found out the hard way that you can't simply bury the past.”
It is difficult to bury something that you can’t seem to “let go” You want to bury it because it is so troubling but yet it still follows. Letting go will be paramount in your recovery process. You have good heart. It is evident in your writing.
You wrote:
“I suppose all of this would be part of the extenuating circumstances you refer to. Others here have highly recommended you, so I'll follow your suggestions. I really have nothing else to lose I suppose. I shouldn't have much problem putting this all together, but it may take me awhile, so do you think it would be wise for me to write Fed. Credit & Consulting and the CSL people to tell them that I intend to apply for loan forgiveness?”
The extenuating circumstances are not the past. They are the “now” and “future effects”. You are suffering from a very serious but controllable condition. PTS as I said earlier is not something to take lightly. The problem is what could conceivably trigger further psycho-emotional problems as a result of stress, tension, hopelessness, and worry about a financial crisis that could easily be addressed and solved by the financer.
Calling Federal Credit will do you no good. They are only collecting for the Royal Bank. The appeal has to go to the government, and either in unison or separately distributed to the bank for review and consideration. It the Crown were to dismiss you, the bank would be silly to refuse.
Collection agency interactions will obstruct your pathway in this regard. Their interest is to collect money. They cannot collect money by telling you how to have a debt forgiven.
Lastly, you will need help motioning this type of proposal. You said it would take you some time to put it all together. Don’t rush it. Focus on healing - and acquired awareness. Don’t be afraid to ask for help when you need it. I am always here.
Johnny
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survey
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Posted: 28/February/2006 at 11:41am |
I am a person also living with a degenerative muscle disorder. I am a single mother of three small children who only has EI benifits to live on. Student loans has a lean placed on my taxes for the past 3 years, but this year more than ever I need that money so badly. My bills are in detrimental status. I hope someone can help me with a lean removal process and contacs etc.
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bullwinkle
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Posted: 28/February/2006 at 12:44pm |
This is an update of my situation that I described in my previous posts above.
I got my MP, Libby Davies NDP, involved and made an appeal directly to the Minister of Human Resources and Skills Development, who was Belinda Stronach in the Liberal govt at the time. I put together all the information and documentation required for the Permanent Disability Benefit (PDB), even though I knew I didn't technically qualify as my disability occurred later than six months after my study period ended. I wrote a cover letter appealing for compassion and Libby also wrote a letter to the Minister, all of which I enclosed in one package.
The result was that my direct Canada Student Loan with the National Student Loan Service Centre (NSLSC) of about $11,000 was cancelled. However, two other portions of my Canada Student Loans, one a guaranteed loan and the other a risk-shared loan were not eligible for cancellation. The guaranteed loan was not eligible for the PDB because it was in default status and the risk-shared loan was not eligible for the PDB because my disability occurred outside of the eligibility period.
The only good news is that they have removed my outstanding guaranteed loan (about $15,000) from active recovery based on financial hardship. However, interest continues to accrue on that loan even though they recognize I'm in no position to pay. The **** continue to earn money from my misfortune. As for my risk-shared loan also around $15,000, it was with the Royal Bank who long ago sent it to a third-party collection agency due to default. I have not heard anything from either the RB or the collection agency in over a year.
So, the dogs are off my back as far as constant harrassment to give them what I am unable to. However, the Financial Administration Act, which allows for removal of accounts from active recovery based on financial hardship, has no provisions for eliminating debt to the Crown which is why interest continues to accrue. If by some miracle I ever come into substantial money, I will gladly pay back the government what I borrowed, but they will have a fight on their hands trying to collect any interest that has accrued after I became disabled and unable to earn money.
So after all is said and done, after exhausting all options, instead of having $45,000 in outstanding student loans I now have $30,000. Whoopdidoo. And all the harrassing phone calls and letters have stopped, which I didn't answer anyway. But with $30,000 still hanging over my head, I still look forward to the day I can declare bankruptcy, although even that is no guarantee of a final solution as the government can still decide to keep my debt active inspite of a bankruptcy.
The rich get richer, with the help of the political elite, and the poor get poorer. What time is the revolution?
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SolveStudentDebt
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Posted: 28/February/2006 at 3:20pm |
"However, interest continues to accrue on that loan even though they recognize I'm in no position to pay. The **** continue to earn money from my misfortune."
The government does not forgive people of debt even in the most tragic of circumstances. All they do is remove it from active recovery, continue the interest penalty, and wait for a time when the government can open it back up again. Debt is never really forgiven.
Johnny
www.cfwgroup.ca
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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
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Tired Senior
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Posted: 04/February/2007 at 5:10pm |
I have been harrassed by NCO, Edmonton for around 10 years now over a Student Loan I took out for $5,525 that has now blossomed to over $9,000. I was able to make payments for a few years but had to cease because of financially and physically disabilities. I am a senior on HRDC and Yukon government service programs that are not considered income by Canada Revenue Agency. My doctor and the Yukon government has declared me to be permanently disabled. A week before Christmas NCO sent me forms to filled out and sent back to them. They were incomplete because they did not include medical forms that I required, so I requested them. I received a call demanding my pay stubs? I don't have pay stubs. I'm on Old Age Security, Canada Pension Disability benefits, Allowances for Survivor and Yukon Disability Pension and not employed by them. They requested one month of financial statement and I sent them a copy of my bank statement showing my expenses and pensions. At the time I was completing the paperwork I was having up to 5 seizures a day and neglected to send receipts for rent and fuel, etc., Well, She called me and threatened legal action if I didn't redo the paperwork and send it back to them in 30 days, but they did not send me new paperwork. This time NCO not the government demanded six months of records. Is this legal? Can they make this request from a senior receiving pensions.
Does the Yukon recognize the six year amendment to the Student Loan Act? I have Tuberous Sclerosis, Addison's, and Ostearthritis of the spine and hip so I am definately not capable of employment. My health is suffering a great deal from these people. HELP!
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Burnt out in the Yukon
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Casey
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Posted: 06/February/2007 at 8:40pm |
Hi Tired Senior,
In order to get any relief in this matter you need to document your situation. It looks like NCO is trying to do but obviously they are not handling it well. When you don't send the required medical etc. it confuses the situation and can make them think you are not being honest. You have to provide them all the required documents so they can determine your situation.
The main question, in addition to your health issues is your income from all sources and your expenses. If this shows surplus income, they may still feel that you should be making payments.. The government doesn't give up easily and NCO what to collect it's commissions.
If your financial statement along with supporting documentation (copies of check stubs, deposit notices, rent receipts etc.) prove that you are are a very poor income situation you qualify for relief under the Hardship Kit..
Find some in your community help with this. My local MP's office was very helpful for me. You need someone like the MP's office to intervene. They can make things happen and often much faster that we can sending letters to people who don't seem to read them.
Above all, don't let it worry you, NCO can make lots of threats but really is not going to do anything. What can they really do? I doubt the government would ever take legal action against you.. Imaging if they did and you told the press! "Government Sues Disabled Senior!" They would not ever want to chance such bad public relations.. And if you don't have any money to pay, the old saying, "You can't get blood out of a stone" applies.
1) - Get someone to help with the forms, send in all the paper work required... (Make copies for future use and you may have to send them more than once... saves alot of work)
2) - You have enough to handle, so don't worry about it!
Keep us posted on how things go for you...
Casey . .
"A student loan is like a bad marriage, a lot easier to get then it is to get out!"
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Tired Senior
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Posted: 07/February/2007 at 8:19am |
Hi Casey
Thank you for your reply. I did send in all documentation including my medical paper from my doctor, tax assessments for the last 3 years, expenses and proof of support from HRDC. Actually, I did this twice since Christmas. I reported them to HRDC and Consumer Affairs giving them details about the threats from them. After I did this, I came to the same conclusion that they aren't going to take me to court because there isn't a judge practising in the Yukon that wouldn't throw them out of their court. I know a little about this because I am a retired paralegal who specialized in research. They took on the wrong "old lady". I may be physically disabled but there's nothing wrong with my mental faculties. Amazingly enough, after I did this I am no longer afraid of them taking me to court. Especially, after I found out that they violated HRDC regulations for collection agencies. I am quite ready for them to go for it because they would look very foolish in court if not in the press and you are right about that. I would make their lives miserable in court because I am a retired member of the Yukon Law Society and well known by my peers.
This is a wonderful site and the service that you do to assist us poor souls hounded by these parasites is great. Thanks for the support, and really good laugh!
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Burnt out in the Yukon
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Casey
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Posted: 07/February/2007 at 9:11pm |
Tired Senior,
Thanks for your positive reply! Nice to hear you are feeling a lot better about the whole situation. You have it right and it is so much better once we can stop letting them make us scared and worried about what will happen. I wasted so much time with the worrying and it was very hard on my mental health. I really want to help others to not allow the system to drag them down and cause them the same problems!
I relate very well to you. I'm a bit younger but getting close to retirement age. I'm on a provincial disability pension that's barely enough to survive on. It was still not easy to get the government to accept that I couldn't pay. I stopped letting it worry me but did not stop working on trying to resolve the problem. After over 15 years my loan is finally removed from active collection. This is not what I want but it's a step in the right direction. What I really want is to have it forgiven and written off.. Hopefully I will see this happen sometime in my life time..
There is so much information on this site and http://www.cfwgroup.ca/forum, it is just a matter of reading through the many posts. People like yourself have a lot to offer that can help other people. Sharing our knowledge will hopefully help others to take the control and power over their situations. Knowledge is power and this is a great place to get the knowledge.
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Casey . .
"A student loan is like a bad marriage, a lot easier to get ino then it is to get out!"
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Tired Senior
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Posted: 09/February/2007 at 4:46am |
Casey,
I have been working on getting my loan forgiven for over 10 years. I have spent almost all my life as a caregiver. First for my autistic son until he was 18 yrs. and then for my husband who suffered from lung cancer for 7 1/2 years. NCO and I have been fighting for a long time. They are frustrated with me because I own my home free and clear. No mortgages, loans, or credit cards from banks so they cannot attach this debt to any other debt I may owe. I have been declaring hardship for years, filling in their documents, and going through the routine. What got them this time is that I took out a life insurance policy to cover my burial expenses and settlement of my estate. That just won't do as far as they are concerned. Also, I have credit with all my utility companies and one store. I'm not suppose to have credit at all according to them. I was open and honest with all these people I received credit from about this old debt and it didn't bother them. Nor did it bother Canada Mortgage and Housing who have just okayed a forgivable loan for repairs on my home to place this summer. You are right about them worrying about their commission on my debt because as far as the government is concerned it doesn't matter because they keep helping me out. I have compliled a history of this loan in detail and plan to go to my MP Larry Bagnell if they continue to pursue this. Actually, I'm seriously thinking of seeing him anyway to get this loan forgiven.
For years, I operated a paralegal service to low-income clients out of my home and was associated with a lawyer if they required him. I didn't make any money because most of my cases were pro bono or they would pay me what they could. I loved what I was doing and didn't care about making huge fees. Especially, if my clients were successful in winning their cases because of my research.
I would like to offer my assistance to anyone who is floundering in the depths of despair over these vultures. My legal career was based on doing just this kind of work. Fighting for the little guy who has no voice is a passion with me.
Find something to laugh about every day it does wonders to the immune system.
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Burnt out in the Yukon
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