This website is a testimony to the problems Canadian Student Loan borrowers experienced from approximately 1996 to 2008 and until their loans were paid off.

The privatization of the Student Loans system by the Chretien and Martin Liberal governments broke the system and defaulted thousands of borrowers who were trying to pay their loans. There were even stories of suicide due to the harassment of borrowers.

Read the report that I prepared back in 2007 here. Canada Student Loans-The Need for Change Fortunately the new Conservative government at the time revamped the program and fixed the system for new borrowers, but borrowers under the previous program were left with ruined credit and continued harassment from debt collectors.

I call on the Canadian Government to apologize to the borrowers affected by this fiasco and make amends.

Unfortunately the Liberal government is again clobbering the Education system with their upcoming changes to International Student Visas. Yes, there's a problem, but instead of a well thought out plan, they have pulled the emergency brake on the train causing a derailment. This has introduced unprecedented instability for both private and public education institutions who serve both international and local students.

Universities can't plan. I've heard of courses being cut because the government has no process in place for universities to send the newly required acceptance letters to the government.

This means that students who have been accepted can not attend courses that start in the summer 2024 semester. With cut sections, current Canadian students will have trouble getting courses, and may have to switch to part-time which changes their enrollment status and might trigger repayment of their loans or ineligibility for funding. I've seen this before. It wreaks havoc on the student loan borrowers.

Again, the Liberal government has messed up the education environment. Will the new system needed in a rush for the acceptance letters be the new Arrivecan scandal?

I call on the government to implement a slower phased in approach and delay the requirement of the acceptance letters until a process is in place to submit these letters.

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Forum LockedHow do they Commence Legal Action
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Prime View Drop Down
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    Posted: 04/September/2012 at 11:41am

I am dealing with some vague but clear threats in phone messages.  Last chance to "Voluntarily" unless you call back before 10:20 am.  next day.  I am not sure how to take this any more, been getting these messages for a long while, and nothing ever changes.

I want to take proactive action, but hesitate in case it makes matters worse, just leads to more harassment & bullying.

My Question Is this;

How do I know they actually intend to take legal action (instead of vague threats)?

I would presume that an official court document must arrive.  But I have heard that these agencies send fake documents, even fake lawyers letters.  So how would I know?
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Points: 81 		Post Options Post Options   Thanks (1) Thanks(1)   Quote footloose Quote  Post ReplyReply Direct Link To This Post Posted: 06/September/2012 at 2:55pm

In answer to your question "How do I know they actually intend to take legal action ( instead of vague threats )?, the simple answer is YOU DON'T KNOW.

A threat is what it is and nothing more. The real action starts when you are served either in person or by mail or by courier with a STATEMENT OF CLAIM or a NOTICE OF CLAIM.

And how do you know if you have received an authentic STATEMENT OF CLAIM or a NOTICE OF CLAIM?

There are four areas to look for that must appear on every authentic STATEMENT OF CLAIM or NOTICE OF CLAIM.

1. The name and address and possibly the phone number of the court in which the claim was filed. This information will appear at the top of Page 1 of the CLAIM.

2. The court seal will be stamped or embossed ( usually stamped ) in the upper left-hand corner of Page 1 of the CLAIM. It will be a round red seal and this seal authenticates this CLAIM as an official court document.

3. There will be a Claim Number or File Number assigned to this Claim and it will be hand-written in the upper right-hand corner of Page 1 of the CLAIM.

4. At the bottom of the last page of the CLAIM, there must be a sworn Affidavit by the creditor or the collection agency and signed by a Notary Public ( which includes all lawyers ) or a Commissioner of Oaths. Every Clerk of a Court has received their Commission and is authorized to sign Affidavits.

If after receiving a STATEMENT OF CLAIM or a NOTICE OF CLAIM and you are still unsure of its authenticity, contact the Court Office that is shown at the top of the CLAIM and give them your name and Claim Number and request if this CLAIM has been filed with the Court. If there is no record of this CLAIM, then this is a FALSE claim.

I trust this explanation will address your concerns regarding a STATEMENT OF CLAIM or a NOTICE OF CLAIM.
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Points: 26 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Prime Quote  Post ReplyReply Direct Link To This Post Posted: 11/September/2012 at 3:46am
Thanks for your well written response. Smile

Would it be common to receive more written letters, maybe a letter actually signed by a real person (I have never received a letter signed by a real person on this matter in 15 years).  I'm asking because I'm currently preparing the ground work for a defence, and wondering how much time I have to prepare (I know that once a real statement of claim is filed the length of time to prepare a defence is pretty short).

Thank you for all your help and assistance.
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Points: 5996 		Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 12/September/2012 at 5:39am
Who is "they"? Government of Canada/CRA? Bank's third-party agency? Provincial government?
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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In Ontario, after you receive a STATEMENT OF CLAIM, either in person, by mail or by courier, you have 20 days in which to file a DEFENCE ( Form 9A ). The DEFENCE must be filed at the Court Office shown at the top of Page 1 of the STATEMENT OF CLAIM within 20 days, which includes Saturdays, Sundays and Statutory Holidays. The fee to file a DEFENCE is $40 and must be paid to the Clerk of the Court at the time you file your DEFENCE ( Form 9A ). Keep in mind that not all Courts accept "plastic", so be sure to bring cash or your chequebook, just in case.

Before you arrive at the Courthouse to file your DEFENCE, make 3 copies. Take all 3 copies with you. The Clerk of the Court will stamp the Court Seal, making it an offiicial Court Document and write the Claim Number on all 3 copies. She will retain 2 copies ( 1 for the Court records and one will be mailed to the Plaintiff ) and return 1 copy back to you for your records. You are not required to take any further action at this point.

After the Plaintiff receives a copy of your DEFENCE ( Form 9A ), they have 20 days in which to respond to the Court. If no response is filed with the Court within 20 days, the lawsuit "dies a natural death". If the Plaintiff files an objection to your DEFENCE within 20 days, the Clerk of the Court will arrange a date, time, location and possibly a room number for a MANDATORY PRE-TRIAL SETTLEMENT CONFERENCE. This Conference will be held within 90 days of the Clerk receiving a reply from the Plaintiff. You will be notified by ordinary mail of the date of this Conference.

The vast majority of disputes are settled at a Conference. Less than 3% of all disputes ever proceed to Trial.

I trust that this simple explanation of how the Small Claims Court operates in Ontario after receiving a STATEMENT OF CLAIM is helpful. Should the STATEMENT OF CLAIM be for an amount in excess of $25,000, the matter must then be heard in the Ontario Superior Court of Justice which is a much more formal procedure.

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Points: 5996 		Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 14/September/2012 at 4:18am
Yes, but who is actualy threatening legal action here?
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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Points: 26 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Prime Quote  Post ReplyReply Direct Link To This Post Posted: 25/September/2012 at 6:53am

Thank you Footloose and Johnny for responding

The party is a debt collection agency, that claims to be acting for the government of Ontario and first contacted me at the end of June. They leave anonymous messages with a call back number with subtle threats about "or else", "voluntarily"  I have not responded to the agency at all, and have been looking at all my options.  I won't mention their name.

To clarify I was looking for what kind of actions a collection agency may take if they receive if the agency gets no responses from their recorded messages.  And before they file an official statement of claim.  What would be inbetween these two stages.

Thanks, prime
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Points: 5996 		Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 25/September/2012 at 7:40am
Probably EOS or TCR.
 
 
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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Points: 5996 		Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 25/September/2012 at 8:00am
Well, if they were to proceed with an action, they serve you with a statement of claim. Then, you have a period of 20 days (or more) to file your defense from the day you were served. It would have those details written up in the package you receive. 
The way to prevent action from occurring would be to approach them in a way that will not result in additional threat. That depends on your situation. If you are able to pay but not what they demand, then you can negotiate terms with them and also have that safeguard and protection while doing so. Orm if you cannot pay, then simply demonstrate your hardship with any extenuating circumstances to the Ministry of Training Colleges & Universities and appeal to have the loan removed from recovery, if that is the case, or any other benefit that they may make available to you.  
 
From a political defense, if they turn you away and deny without proper review then that is narrow-minded while the Ontario government claims to be open-minded and willing to help it's people.  There is no law that would otherwsie prevent them from doing something to help you out, but only policy. It is their internal policies that are written on the wall by management with their own agendas.  Nova Scotia's government is polluted with people like this behind it's walls. It's everywhere really.  
 
 
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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