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Posted: 24/February/2008 at 12:41pm |
Appreciate your comments on this...
Heres some additional info. If you dont fill out the questionaire, your file is marked as "client being unco-operative"
The questionaire info is compared with the statistics canada tables and then the borrower is asked to justify all the expenses.
The questionaire is used to try to squeeze out additional payment from the borrower so that the agency makes a higher commission.
The questionaire also requires info about ones spouse.
What I'm arguing here is that the Collection agency and perhaps the government does not believe you have the right to refuse to fill out these questionairs. Refusing to fill the questionaire often leads to being screamed at by the collection agents and further harassment.
The the grounds for a complaint is that apparently the CA's dont think that we have the right to refuse filling out the questionaire, and that the purpose of the information is not clearly stated.
Any thoughts on this issue?
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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paulaffleck
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Joined: 26/September/2007
Location: Canada
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Posted: 24/February/2008 at 5:13am |
I just a financial questionnaire from ARO. Because of this discussion, I looked for, and found, some reference to the use that would be made of the information provided, specifically that it would only be used in accordance with existing privacy legislation. I'm paraphrasing here, obviously.
But it seems to me that these are "questionnaires", that the debtor can choose to either complete or not complete. It also seems that the use of this information is restricted by existing privacy legislation. I don't see this argument going very far, you know...
The other unfortunate aspect to this issue is that the questionnaire is being used to assess the financial status of debtors who have already defaulted on student loans - the government may take the position that they are extending a courtesy, and that they could simply sue all student debtors, rather than inquire into their financial status in the hopes of coming to a repayment agreement. To the extent that the questionnaires are being used to establish repayment terms, and in effect to stave off litigation, I don't see the equities as being favourable, either.
Of course, the larger question is that of the entirely questionable and sometimes downright nasty tactics that the collectors use in dealing with debtors. Also, I don't see why these questionnaires are required to come to adequate repayment arrangements. But I just don't see how they somehow violate privacy laws.
Sorry -- hope I'm wrong!
I think we are stuck with the questionnaires.
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Posted: 23/February/2008 at 7:31am |
I've checked my consolidation agreement and there is a clause giving my bank the permission to collect personal info about me, but I doubt that this can be argued to go as far to collect the info in the questionaire, so it needs to be challenged in light of the wording of the consolidation agreement.
Also requiring a spouses info is not right in my idea.
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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Posted: 21/February/2008 at 4:55pm |
Hi Paul,
The CFS is an organization that represents 'students' so they are generally involved in issues that affect borrowers after they leave school. It is basically beyond their mandate = and if you google CFS and lawsuit, they've had their own issues to deal with regarding their Travel Cuts division and the attempts of some schools to break away from the organization.
As for school organizations, their representatives change every years so the continuity isnt often there to get these matters going.
Unfortunately the people who need the help dont seem to have the funds to retain a lawyer to do the work...
As for an organization that represents borrowers.... well, we're it! and as well the Coalition for Student Loan Fairness... at http://www.studentloanfairness.ca which I co-founded with Julian who has been working really hard on getting the message out to media.
For this issue, I could really use some help on this. If you know of a lawyer who could investigate and advise what to do, that would be a huge help!
Basically, some collections agents are bullies- with a financial questionaire as their weapon. The bullies wont go away, but at least I can try to take away their weapon and disarm them for now. And you are right, they may just go for more drastic actions, and then we'll have to deal with that.
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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paulaffleck
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Posted: 21/February/2008 at 4:44pm |
Has the Canadian Federation of Students ever retained a lawyer to write a legal memo to address the legal question of whether these "questionnaires" in some way violate federal privacy laws? What's needed is a lawyer's opinion, I think.
The federal government would likely argue that these forms are questionnaires, and that people can choose whether to complete them. I forget what was the questionnaire that ARO sent to me, because I refused to complete it. I would imagine that it contains some kind of "consent" portion.
And of course, no matter whether the forms comply with privacy legislation or not, because the debt is due and payable in full, the government is well within its rights to simply say, ok, we're going to sue you. Let's say we win the argument over violation of privacy laws. Couldn't the government simply say: "Ok, no more questionnaires - we'll just start suing more people"?
I think that some official body representing students needs to retain a lawyer and pay for a legal opinion on the issue, then that body needs to make its case to the government. Whether it will actually make student debtors' plights any different is an open question.
I think the real answer is to raise public awareness of the plight of student debtors, with the ultimate goal of a general amnesty for student loan, or at least a partial amnesty.
I don't see how winning piecemeal legal battles like the privacy issue will tackle the essential issue: People are going not just broke but bankrupt on account of student debts, and that should be unacceptable to all who believe in access to higher education for the public at large.
My 2 cents.
-Paul
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Posted: 21/February/2008 at 3:47pm |
Wow... so I guess we have to work that much harder on it.
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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Buff
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Posted: 21/February/2008 at 2:27pm |
But don't expect a reply anytime soon.
I filed a complaint in September 2006. I got a generic acknowledgement in January 2007. They sent a letter asking me to call them and discuss it in May 2007. I called them to change my address and ask for an update (they had none) in June 2007. I've received no mail or phone calls from them since then.
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Posted: 21/February/2008 at 4:27am |
You'd have to check with the privacy oommissioner on that..
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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Madmorrigan
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Posted: 21/February/2008 at 4:24am |
As well, does it apply to account numbers?? All my loans use some form of my FULL SIN# (usually with letters tagged onto the end) and anyone with half a brain could figure it out.
I may write the privacy commissioner anyway...
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Madmorrigan
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Posted: 21/February/2008 at 4:20am |
Does that also apply to info accessed through the Credit Bureaus?
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Posted: 20/February/2008 at 11:13am |
Looks like a no brainer to me ...
The financial questionaire is likely illegal!!!!
We need someone who has been asked to file a financial questionaire to file a complaint with the privacy Commissioner of Canada.
112 Kent Street
Place de Ville
Tower B, 3rd Floor
Ottawa, Ontario
K1A 1H3
Please include your full contact details in your letter, including your name, address and the telephone number where you can be reached, and provide as much detail as possible about your complaint.
From http://www.privcom.gc.ca/information/02_05_d_08_e.asp
Your ability to control your personal information is key to your right to privacy.
The Act gives you control over your personal information by requiring organizations to obtain your consent to collect, use or disclose information about you. The Act confers certain rights on individuals, and imposes specific obligations on organizations.
The law requires organizations to:
obtain your consent when they collect, use or disclose your personal information;
supply you with a product or a service even if you refuse consent for the collection, use or disclosure of your personal information unless that information is essential to the transaction;}
collect information by fair and lawful means; and
have personal information policies that are clear, understandable and readily available.
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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