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miss00
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Topic: Being sued by CRA while making payments Posted: 06/September/2015 at 6:01am |
Hoping I can get some advice from the community. My student loan went into default a few years ago and was transferred to the CRA. I made a payment arrangement with them near the end of 2013 and proceeded to make the payments for 12 months in advance by sending 12 post-dated checks ( I live in the U.S. so online option was not available). My checks ran out early 2015 and I missed payments for 6 months. I was reminded when I received a letter from a local law firm in July 2015 stating that they were hired by the CRA to sue me in the States. I immediately continued making payments again in July and have been since then in an amount double what was agreed upon. I also pleaded with the CRA paralegal handling my case and the local law firm (via email) to allow me to continue making payments and not go forward with the suit but they ignored me completely and told me to stop contacting them.
In their Collections Policies (circular IC13-2R1) it states: "If you do not pay an amount voluntarily and you have the
ability to pay, we may take legal action to obtain judgment
or Federal Court certification." My question is, can the CRA sue me even though I am voluntarily making payments?? Also will they require me to pay their collection legal fees if they win the lawsuit?
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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
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Posted: 06/September/2015 at 9:06am |
If the loan is in default then they can take legal action at any point that they see fit. If you are paying less than what they determine they can seize, then this is both causation, and problematic for you. You would also be responsible to pay the fees, if you cannot negotiate that down. CRA policy conflicts with "internal unwritten" policy. Their objective is to collect money and truth gets in the way of that. So, they care less about truth. This is central to their mission. CRA agents, mainly team leadership, management, auditors, and the upper echelon earn pay increases in the form of creative promotions and other incentives. CRA is a "for profit" organization now, and that is why the Canadian small business and consumer population is in the toilet. Advise and solutions that you are looking for are not going to be found in any online forum and discussion. I can take you on as a client but not until we have some free space. That should be mid week or by week's end if you want professional assistance. Otherwise, best of luck and I hope it works out for you.
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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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miss00
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Posted: 06/September/2015 at 11:40am |
Johnny, thanks so much for responding. What you say makes complete sense. I t sucks because I want to pay and can pay up to $800 CAD/month but they dont want to hear it! This is probably the attorney's biggest client so he is going full force with it to enhance his portfolio. Johnny,how would you be able to help me as a client at this point? From what I gather, Im pretty much screwed. An attempt to serve me has occurred already.
Another option I would consider is getting a personal loan to pay this off. My debt is $58,000 CAD. Do you know where I can get such a personal loan?
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SolveStudentDebt
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Posted: 08/September/2015 at 6:55am |
They don't want to hear it because it is "you" that is pitching it. They want more and as long as they have you boxed into a corner they will work you over until they get what they want. Its like fighting in a ring with a 400lb gorilla with no referee. The problem is that the government recovery sector wants to oppress you and overcome you in such a way that is beneficial to them only. Compare it to demonic possession if you will, or "bullying". The action and behavior is just that, but shielded by a law and government policy that allows these agents to do it and get away with it without incident. They do not fear you. You fear them. If you don't fear them then will give you reasons to fear them. This is our government in Canada. The Harperization I call it. If you want to get through this without having to do something that is going to create worse trouble for you then I can help. If you can pay, want to pay, and would like to be set up on a payment plan that works for you, then I can get you that. The reason I can get you that is because of my level of expertise and ability make "them" see you as a human being and not someone who is frustrating to the system. Do they like me? It doesn't matter if they like me. You are what counts here, and if they are harming you in any way then we put a stop to it. I and a specific team that I work with put the stop to that sort of craziness, and they know it. There are a lot good people within the government walls. However, there are a hell of a lot of bad ones. It is the bad ones that fear those who bring accountability on them for harmful and malicious action. More effective than law, which oftentimes doesn't offer the protection that is designed to offer. The only time this does not work is if you are frustrating the system. In those cases no one can help you. Not even me. Believe me, there are some angry people floating about with viciousness running through their veins because of their wrongful action and behavior towards the government and student loan lending community.
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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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miss00
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Posted: 09/September/2015 at 4:37pm |
Hi Johnny
Have you in the past, been able to get someone out of a judgement that has already been filed? What are your fees? And what if it doesnt work? Please give me your email if you prefer communicating that way. Thank you
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miss00
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Posted: 09/September/2015 at 5:06pm |
I should also mention that I have been speaking to a paralegal at the CRA. That is the person who originally made the payment agreement with me and the only contact I have. I have offered again, via email, to make $800 payments if they stop the legal proceedings but no response from them yet. I am hoping my continued efforts to settle this outside of court, along with my temporary stay in the U.S. (visa expiring in a few months), will cause the U.S. court to throw the case out since its wasting their time.
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SolveStudentDebt
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Posted: 10/September/2015 at 6:41am |
Stay proceedings, yes. Quash judgment after it has already been made - no. The only way to satisfy is to have the loan removed or settled by whichever process is in order, if the case presents itself. If you want mediation to get you where you need to be with this simply call 902-861-1210 and request a call back if you get voice mail. Include your contact information so one of us can get back to you. If we have the space we will definitely squeeze you in. Right now, we are in the process of expansion serving both Us and Canadian students. Best.
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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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