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scr422
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Joined: 30/January/2014
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Topic: Date of Last Activity Question - BCSL Posted: 30/January/2014 at 2:44pm |
Hi,
I recently requested a copy of my Equifax report, and it appears as though an old student loan which should have fallen off (statute-barred and > 6 years since last payment/acknowledgement) has been somehow 'renewed' by "EDS DBA REVSERVBC," which I assume is Revenue Services of BC.
It is now listing a "first delinquent" date on 2010/05/13, and a "last activity" date on 2010/05/13, which is approximately 4 years after the loan would have gone into default. My old federal loans no longer appear on my Equifax report.
I have made no payments nor acknowledgements to BCSL/Revenue Services of BC since 2006. My best guess is that the activity date may have been when they took, without my consent or prior knowledge, a small tax refund.
I am wondering is if this is something I should be challenging with Equifax, or am I stuck with this on my credit report indefinitely? If they continue to take tax refunds, will those continue to renew the six year period?
SCR
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csmith73
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Joined: 11/March/2014
Location: Toronto
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Posted: 12/March/2014 at 4:58pm |
Interesting question, to my knowledge (and please if someone knows differently let me know), the date of last activity is when the last payment was made. That doesn't mean voluntary payment that just means a payment, so through garnishment or taking $ out of your bank account, your tax return etc would count. So yes it would reset to 6 years after each tax refund that is held back.
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Chris
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csmith73
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Posted: 13/March/2014 at 1:25am |
information about any debt if at least 6 years have passed since the date you last made a payment on that debt or, if no payment has been made on that debt, since the date the debt was incurred; Personally I am not sure if this will work but will give it a try. Based on the information on this site, if you have not made a payment it doesn't count as activity, so you would have to have details proving the payment was not voluntary
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Chris
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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
Points: 5996
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Posted: 16/March/2014 at 2:54pm |
A voluntary payment is an admission of liability. Something arbitrarily taken and applied is an involuntary application, thus not something the borrower did. However, the third-party service provider to the3 BC government (BC Revenue services, which is Hewlett Packard of all things) takes it upon themselves to decide that all sorts of activity that would not constitute an admission of liability when it is really not. So, you have a private company hired by a government creating their own version of law. I see this in many cases from BC Revenue Services to the chartered banks in this country. It's ridiculous. I provide services to post-secondary students in student debt crisis in Canada and the US. The banks, US Government, and the private service and loan providers are FAR more professional and unwilling to violate someone. The Canadian financial system (government and private) employ a lot of egocentric people. Narcissism and other bad behaviors are abundant.
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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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csmith73
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Posted: 17/March/2014 at 7:26am |
SCR422 & Johnny I have pulled together, my student loan loan statements, my bank records from 2008 indicating payments were pulled from "CIBC Collections" and my cancelled cheque of my last activity which dates back to 2008. I am going to send this to equifax, (mind you after my 6 years limitation date, which is in a few weeks, don't want CIBC being alerted and doing a rush order judgement on me) and hopefully they will remove it off my report. I will keep you both posted if this works. Johnny, ? for you, how long does it take for a judgement to be placed on someone, can I send my papers in now with just a few weeks before limitations, or is it smarter to hold out until after April 15th? Was thinking of sending the papers to equifax now, but then was worried CIBC might try to get a judgement placed on me before the deadline. What are your thoughts on this?
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Chris
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SolveStudentDebt
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Joined: 05/November/2003
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Posted: 17/March/2014 at 9:23am |
If you see a hornet's nest, do you run right into it with arms flailing, or take notice of it and carefully walk in another direction?
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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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csmith73
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Posted: 24/May/2014 at 11:21am |
SCR422 I just went through this with Equifax, and they did clarify for me that the 6 year mark of where things drop off is from the date of last activity which is also the date of first deliquency. Therefore if you can prove to Equifax that this payment was not voluntary, that the payment was through collections they will drop it off your report. I was able to get my student loan dropped off my report because the date of last activity that it was showing was from collections CIBC had made from my bank account. You will need to send all details to Equifax proving that this was not a voluntary payment and proving when your last voluntary payment was, and of course be very careful not to acknowledge the debt. I made sure "Without Prejudice" was on the papers I sent and I worded the loan as an "Alleged" debt. The entire process will likely take 6-8 weeks, it takes them 10 days just to pick up your fax and initiate an investigation, and another 15-20 business days to come to a resolution. Best of luck
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Chris
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Boterkoek
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Joined: 03/July/2014
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Posted: 16/February/2015 at 11:19am |
"You will need to send all details to Equifax proving that this was not a voluntary payment and proving when your last voluntary payment was, and of course be very careful not to acknowledge the debt. I made sure "Without Prejudice" was on the papers I sent and I worded the loan as an "Alleged" debt. The entire process will likely take 6-8 weeks, it takes them 10 days just to pick up your fax and initiate an investigation, and another 15-20 business days to come to a resolution."
THANK YOU THANK YOU THANK YOU!!!!
This will be so helpful. This is exactly what has happened to me and when I was trying to explaining it to the woman at EQUIFAX, she had zero clue as to what I was talking about or how to be of assistance.
I cautiously called Revenue Canada and discovered my debts are out of collections completely now (whew) (and no I never acknowledged the "alleged debt") and I plan on putting in a complaint regarding HP Solutions Inc (yes, I will never be buying one of their products again) who contacted my work a few times, who misrepresented my debt as EI money (yes, who in god's name can acquire $46,000 in EI monies without being on EI for two lifetimes straight) and embarrassed the heck out of me. So ZERO help from them (CRA or HP).
I am hoping now that I can finally get ahead in my life, I have been a struggling yet educated single parent for nearly 20 years. How do they expect me to contribute to society, to get ahead and be able to afford my own children's tuition (something my parent's were never able to do) - without a fresh start?
Sorry, long ramble.
Mandy
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SolveStudentDebt
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Joined: 05/November/2003
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Posted: 17/February/2015 at 3:06am |
HP solutions is the third-party to Student Aid BC. Limitation issues are trickier with them since they take the position that an income tax lien and seizure application is an admission. Of course they are wrong. However, the government can call a brown cow a white cow and until you get it in front of a judge who will agree that a white cow is a white cow and not a brown cow, they will continue violating BC loan borrowers. The only way to battle the BC government is to lodge an objection and complaint VERY CAREFULLY and it is a time sensitive matter. Once they take an income tax rebate and apply it and there is no objection or argument made with some concrete evidence of a limitation issue, they will simply ignore you and continue. There are rules of engagement that borrowers have to stand by and understand to prevent undermining their own cause and case. So, your mention of "complaint to HP Soluitons" really needs to be carefully thought out and written to prevent you fr4om prejudicing your own case. That applies to anyone who is a BC loan borrower who has suddenly realized that what they thought was a limitation issue is seemingly not. Best of luck to all!
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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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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
Points: 5996
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Posted: 17/February/2015 at 3:12am |
There is a write up about the BC Government's warped position concerning tax liens and admissions of liability on CFWG's Facebook group. Anyone who wants to subscribe for a workshop or private coach on these issues (and countless others) they are available. To hang out in our Facebook group you can visit https://www.facebook.com/pages/The-CFW-Group-Inc/122160921144125?pnref=lhc It is a good resource and point of contact as well.
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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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