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Wreks
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Joined: 01/March/2017
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Topic: Notice of Claim - Small Claims Court Posted: 01/March/2017 at 11:49am |
Hello,
I have unpaid Student Loans from 2005 and I've just received a Notice of Claim to ho to Small Claims Court and am unsure what to do at this point. I am finally in a position to start paying back my loans, but I'm worried about just how high my payments will be or if it's too late to negotiate monthly payments. My total owing, with interest, is just over $16,000. I haven't made a payment since probably 2010, but they have been taking my tax returns. Any and all advice would be very welcome. Like I said, I am at a point where I could handle paying these loans back, as long as the payments are reasonable.
Thank you for your time!
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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
Points: 5996
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Posted: 02/March/2017 at 3:06am |
Who is suing 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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Wreks
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Posted: 03/March/2017 at 5:25am |
Hello Johnny,
Thank you for the reply, I work in camp, so I have to get this taken care of quickly. It says it's from Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada as Represented by the Minister of National Revenue, though more specifically, it was issued through McConnan, Bion, O'Connor & Peterson Law Corporation.
It also states: Assuming that you do not contest your student loan, no action is required on your part. In due course, we will be applying for default judgment and will provide you with a copy of the Order. There is also a Small Claims Court reply form attached to be filled out. Let me know if you need anything else and thank you again for your help.
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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
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Posted: 03/March/2017 at 5:49am |
There is the slight possibility it is barred, or they beat you to the finish line. Contact me privately if you want and send me me the statement of claim so I can look at it and tell you what's what.
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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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Wreks
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Posted: 03/March/2017 at 6:06am |
I appreciate the quick reply! How would I contact you? When I try to go to your profile I get an error.
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SolveStudentDebt
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Posted: 03/March/2017 at 6:15am |
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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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Posted: 03/March/2017 at 7:22am |
I received your message and the attachment of the SOC and reviewed. This action was started against you in June 2015. Were you approached prior to this? It is a legit claim as it is registered.
It says there were loans issued to you in 2008 and 2009, and then money was applied in 2015 by way of income tax set off. It doesn't specify the date of default though, which is odd.
Did you complete studies or withdraw early?
What is your desired result here?
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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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Wreks
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Posted: 03/March/2017 at 8:14am |
Thank you again for looking into this. I did not receive anything nor was I approached prior to this week that I know of. I have moved a fair amount over the last few years however, so perhaps something was sent to an old address? I have been having my tax returns taken, and was expecting as much.
At one point in my studies I switched to part time and student loans pulled my funding for the second semester but never notified me, so near the end of my second semester, the registrar cut all of my online services off and then notified me that they never received the second half of tuition, but by that time it was too late for me to come up with the money on my own, so I was not able to complete the year. I hope that answers your question?
As I had mentioned, I'm in a place financially now where I'm stable and able to make payments, I'm only concerned that they will want a lump sum or expect payments far above what I'm capable of handling. My girlfriend and I have a baby on the way and want to make sure I can contribute as much as possible financially to my new family.
Is it at all possible to contact Student Loans directly and set up a payment plan at this point or am I far beyond that now?
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SolveStudentDebt
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Posted: 03/March/2017 at 9:13am |
Ok, that makes more sense. They probably had no location on you and recently found you through whichever locating resource they tapped. Before, the rules were very clear on interdepartmental info exchanges on people. Now, it is much different.
So incomplete studies due to a systemic error and not your own?
You can do a lot of things to keep the peace with them. I can do that quickly enough if you don;t want to shake the tree, so to speak. What I do in these types of interventions and mediation is create benefit and opportunity in areas. But if you were not wronged by the system and just want to repay it you can expect that they will want a few hundred per month. If you can;t pay what they want, then you have to file full financial disclosure, and that can be very dangerous for people. They get to see everything about you and they have a lot of power to do crazy things. Remember, student loan and government debt recovery is a profitable business.
Your case is not really that complex as I see it. what I work with is WAY WAY worse than this. If you did not complete studies then you have opportunities.
If you want me to get you on the better side of their fence then I can do that quickly enough. Its no trouble.
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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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