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Dealing with collection agencies

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Forum Name: Dealing with Abusive Collection Agencies
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Topic: Dealing with collection agencies
Posted By: administrator
Subject: Dealing with collection agencies
Date Posted: 01/July/2004 at 1:06pm
Dealing with Collection Agencies:

Overfrequent or unnecessary contact is a common occurence that happens to those who owe defaulted student loans.

Third party agency collectors are prohibited by HRDC to make any more than two seperate telephone contacts (this includes leaving messages on answering machines or with a third party) in a single day. No 3rd party collectors are to place more than five telephone calls in a given five-day stretch with a CSL client (or a client's authorized representative), unless the calls were agreed to in advance.

According to HRDC, collection agents are not allowed to be rude or abusive. They are not allowed to threaten legal action, as this can only be initiated by HRDC. In addition, they are required to accept payments. If these rules are not being followed, file a complaint with HRDC, noting the name of the company, date and time they called, name of agent and any other information.

Following is a accepted code of practice for Collection Agents. A collection agency or collector shall not, in an attempt to make collections,

- where the debtor is an employee, contact the debtor by telephone, mail or in person at the debtor's place of employment;
- contact the employer of the debtor without the debtor's consent;
- contact the debtor between the hours of 10p.m. and 8 a.m.;
- threaten to proceed with an action for which he or she does not have authority;
- use coercive language, threaten loss of employment or loss of community ranking;
- communicate in any manner with a debtor unless he or she has previously sent him or her a written notice;
- make telephone calls or personal calls or written communications of a nature or frequency as to constitute harassment of the debtor, his or her spouse or a member of his or her family; or
- except to obtain the debtor's address, communicate with acquaintances, friends, relatives or neighbours of the debtor, unless that person is surety for the debtor.

a collection agency, collector, person or firm acting on behalf of a collection agency when contacting a debtor by telephone shall immediately upon contacting the debtor identify itself as a collection agency and shall in no way use a device, comment or statement to infer otherwise.

NOTE: IF YOUR COLLECTION AGENCY COMPLAINT IS IN REGARDS TO A STUDENT LOAN, FILE YOUR COMPLAINT DIRECTLY WITH HUMAN RESOURCES DEVELOPMENT CANADA!

Send complaints to:

HRDC Collection Services
140 Promenade du Portage, Phase IV, 2nd Floor
Hull, Quebec K1A 0J9

Make sure that ALL documentation is included that will substantiate a complaint!

Note: it is also illegal for collection agencies to impersonate another organization, or to suggest that you borrow money from some other source to pay the debt.



Replies:
Posted By: Booya
Date Posted: 10/July/2004 at 8:29pm

Note: it is also illegal for collection agencies to impersonate another organization, or to suggest that you borrow money from some other source to pay the debt.

Hi there,

Can you please tell me your source on this information. I have a collector that has suggested I borrow from family. This is a non SL however, but I'm wondering if this is a provincial licensing rule or an HRDC rule. I'm in Alberta if that matters.

Booya



Posted By: 6273kat
Date Posted: 11/July/2004 at 10:28am

 Here is a direct link to the Alberta Website, it is found in another area of this site. http://www3.gov.ab.ca/gs/pdf/billcoll.pdf - http://www3.gov.ab.ca/gs/pdf/billcoll.pdf

 



Posted By: Debt Free
Date Posted: 22/November/2004 at 3:20pm

A funny twist to handling a Debt Collector....

I am not reccomending this but....it sure made me feel better.

About 5 years ago.  I had been out of work for several months and on welfare because the work I had was contract with no benefits. I had also put my fiance in the mental hospital and had just lost a baby.  Life sucked and I could not make any payments on my Student Loan of course.  The Debot Collector called me and when I explained my situation he said that LOTS of people on welfare still made payments on their student loans. (Yeah Right!) I had filled out the forms telling them I had no income. I kept explaining I am sorry I have no funds I really can't pay etc.  I wish I could.  Anyways, he insisted I contact everyone I know and ask them to loan me the money to pay off the debt and insisted I call him at the end of the week.

I waited untill the next day and called the guy back and asked him personally to loan me the money.  It was hilarious. 

Me... Please can you loan me the money?  You have a job you could give me $50 a month to help me pay it off.  

Him.. I am sorry I don't have the money to help you.

Me... But it is only $50 that's not much. I am sorry but you did insist to ask everyone I know.

Him.. But I don't have a spare $50. I wish I could but I don't have the money.

Me.. Come on I know you have a spare $50 you could give up smoking or fancy coffees.?

Him..Well I don't smoke but I just don't have any money to loan you.

It made me feel so good to put him in my situation even if it was for just two minutes.

Noone called me from that agency for 4 years after that!

Cheers!

 

 



Posted By: SolveStudentDebt
Date Posted: 22/November/2004 at 4:10pm

 

 A real funny way to frustrate the snot out of a collector is to simply "repeat" everything they say to you after a certain point.

 Example:

 Bill collector: "This Mr.Corndog calling from Collect-Lint Inc. I'm calling you concerning your Canada student loan in the amount of $20 Million dollars."

 You: "Yes Mr. Corndog, how may I help you?"

 Bill Collector:" Well, it looks like my client is unhappy with the way things are going and is considering taking legal action against you ..."

 You: "Is that right, uh?"

 Bill Collector: "That's right, Unless you somehow come up with 20 Million dollars by tomorrow at noon ..."

 You: "20 million dollars by noon?"  

 Bill Collector: "Yes, that's right."

 You: "Is that right?"

 Bill Collector: "Yes that is right. Now, what are you prepared to do?"

 You: What am I prepared to do?"

 Bill Collector: "Yes, what are you prepared to do?"

 You: " Hmmmm... what am I prepared to do?"

 Bill Collector: " Yes sir/ma'am, and I am starting to get the impression that you think this is a game..."

 You: "A game? Oh,... no. Not a game. do you think this is a game?

 ... see how long you casn keep it going. Maybe have a csd.ca competition of some sort to see who can frustrate a colelctor the longest.

 

 

   

     

 



-------------
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: Islander
Date Posted: 22/November/2004 at 4:36pm

An employee of mine had a problem with collectors. When I had a company back in Canada. All my staff helped her out. We'd do stuff like this:

Ring:       XYZ company may I help you?

Vermin:   I'm calling from Total Credit Recovery. I want to talk with ...

US:        Recovery? One moment please. (put on hold for at least 5 minutes)

US;         Addiction and abuse recovery. May I help you?

Vermin:    I don't want this department, I want to talk with ---

US:         Tha t sounds like denial to me.

Vermin:     What?

US:           Do you want to speak to a counsellor?

Vermin:      What?

US:           It appears to have affected your speech centres. Or can I get you a Mandarin speaking counsellor ?

Vermin:      Just a minute!

US:          Very well. Please hold. (Put on hold while we held a pool for how long he'd stay on the line before giving up).

They tend not to be exactly frantic with brains, so games like that are almost depressingly easy.

 

 



-------------
What? Me, worry?
Alfred E Newman


Posted By: momof2
Date Posted: 23/November/2004 at 3:28am

you guys are making me laugh so hard my sides hurt.  thanks for the entertainment.  ideas like this keep my sanity.

a friend of mine was dealing with a CA.  using call display, everytime they called he would answer "city morgue, hold please" and turn on his dremel tool for a few minutes, muttering under his breath about the bone being suprisingly brittle or the muscle being bruised or the lungs being disgusting, etc and commenting on all the blood loss.  then he'd come to the phone and if they were still there, ask if they were calling about picking up so and so's corpse.  the CA would stutter and he'd say you know, the guy who wrapped his car around a tree, or the one who was stabbed twelve times, etc.  it was priceless.

the CA's would frequently hang up after my friend answered the phone, and eventually they got so discouraged that they stopped phoning altogether.



-------------
professionals built the titanic but amateurs built the ark...


Posted By: Islander
Date Posted: 23/November/2004 at 2:29pm

I love it Mom!

My only concern regarding the sounds of corpses being mutilated would be that most CAs would find it sexually arousing and they'd call even more often, like a 900 number.



-------------
What? Me, worry?
Alfred E Newman


Posted By: CARGO1
Date Posted: 23/November/2004 at 3:45pm

very funny,

 



Posted By: BigFatherA
Date Posted: 23/November/2004 at 6:49pm
Thats it!!!

We should all get 900 numbers so when those collectors call they will be contributing to our student loan repayment plans  at say $29.99  a minute!




-------------
BigFatherA
Priest & Teacher
non carborundum illegitemi est


Posted By: Islander
Date Posted: 23/November/2004 at 7:50pm

And with the frequency of the collectors' calls, the debts could be paid off in just a matter of weeks from the income!

By God, Pop, I think you've found the solution!



-------------
What? Me, worry?
Alfred E Newman


Posted By: SolveStudentDebt
Date Posted: 23/November/2004 at 8:05pm


-------------
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: Scotia
Date Posted: 26/November/2004 at 9:16pm
i gotta tell ya there should be a travelling comedy show attached to this.id pay to see it

-------------
scotia


Posted By: momof2
Date Posted: 27/November/2004 at 11:01am

without a sense of humour the situation would likely destroy many of us



-------------
professionals built the titanic but amateurs built the ark...


Posted By: masy
Date Posted: 29/November/2004 at 6:07am

FYI, collection agencies are regulated by the government, which means that they are also regulated under the Privacy Act and in particular, the Personal Information Protection and Electronic Documents Act, aka PIPEDA. I was recently on their website and they have summaries of cases against companies for violations of privacy. One case involved a collection agent (our favorite people) calling a person's work and telling the person's employer how much he owed and how longed he owed it. That person and his employer filed a complaint with the privacy commissioner, it was found that because the collection agent told a third party detailed information on what he owed, the collection agent had violated one of the privacy acts and the collection agency was ordered to train their staff on privacy issues and the collection agent in question was fired. 

Check out http://www.privcom.gc.ca - www.privcom.gc.ca for more info.



Posted By: kwelmm
Date Posted: 29/November/2004 at 8:19am
GOOD!!! 


Posted By: Islander
Date Posted: 29/November/2004 at 1:18pm
Keep those cards and letters coming in, Folks!


-------------
What? Me, worry?
Alfred E Newman


Posted By: 6273kat
Date Posted: 30/November/2004 at 8:43am

I love this topic...But on a serious note I would like to suggest you stand up literally(If you can). For some reason I found that the most helpful when dealing with CA's.

CA's would call my home and when I answered I would make sure I was standing. I was much more likely to stand my ground and remain in control of the conversation. For those of you who don't do this...give it a try.



Posted By: momof2
Date Posted: 30/November/2004 at 9:52am
ive tried this before, it DOES work.  this is one of the reasons most employers give employee reviews over lunch - the employee is seated and relaxed and less likely to be confrontational when getting bad news.

-------------
professionals built the titanic but amateurs built the ark...


Posted By: annoyed
Date Posted: 06/January/2005 at 1:23pm
Hi guys. I have recently been receiving phone calls that are just hang ups. When I *69 the number, it is (905) 528-7000, which is a Hamilton Ontario number. But when I call it back, it just goes to a dial tone. I am starting to suspect from reading some similar stories on the web that this is a collection agency, and just wondered if anyone else had received any calls from this mysterious 905 528 7000 number?


Posted By: BigFatherA
Date Posted: 06/January/2005 at 4:30pm
It's probably a computer autodialer.  Telemarketers use them to determine what phone numbers in each exchange has a human on the other end.  Try calling the number with a fax or modem and see if it responds.  It could still belong to a collection agency.  Then it would be determining when a target victim is home.  It's the first volley in something annoying at best.

If you have an answering machine have it play the three tones for "number not in service" at the beginning of your message.  That all the telezapper does!  This causes an autodialer to drop your number.


-------------
BigFatherA
Priest & Teacher
non carborundum illegitemi est


Posted By: melistress
Date Posted: 17/January/2005 at 10:15am
Wow you guys are so great!  My husband owes a lot of money to Student Loans.  We went through a consumer proposal with Deloitte and Touche and assumed from the information he got from them that it was over when his discharge papers came through.  Well a year after the discharge they are calling us AGAIN! He is very shy and has a hard time standing up to people.  He also thinks he has to answer every question about our personal situation that they ask him.  They have demanded we get a loan from somewhere else (which is not even possible) and they have threatened us with a law suit.  They have also refused to give us the file number and address to send payments to.  For some reason when you call the number it is answered City Sales Government Services Division.  Anyway, I made him call them and speak to a receptionist or something to get an address and a file number - which he was successful in doing.  They refuse to let us send them payments we can afford and wouldn't even give us the information we needed to do it anyway.  They call us at least once per day.  It makes me laugh when they stated in the Toronto Star that they only call their files about twice per month because that is not the case at all.  Thank you for all the valuable information in dealing with CBC.  I have sent this link to my home e-mail address so that my husband can see for himself and stop being so afraid of them.  If anyone has a link that isn't to an Alberta website but a general canadian one on the rules governing collection agencies I would really love to see it posted here.  CBC is completely out of hand.


Posted By: kwelmm
Date Posted: 17/January/2005 at 11:59am

Melistress,

Here is a link to the Debt Collection Act...hopefully it is what you are looking for:

http://www.qp.gov.bc.ca/statreg/stat/d/96092_01.htm - http://www.qp.gov.bc.ca/statreg/stat/d/96092_01.htm       

                                                        



Posted By: Antonio
Date Posted: 19/January/2005 at 2:34pm

Hey all:

From the Dealing with Collection Agencies section:

"- communicate in any manner with a debtor unless he or she has previously sent him or her a written notice;"

Can I file a complaint if I come home and find a phone message from a "so-and-so regarding file number such-and-such," without my having received any written notice?  These agencies' tricks are transparent, but they're annoying all the same!

Also, my "file" has somehow managed to go through at least 4 or 5 agencies.  Does it keep getting bounced around, or does HRDC finally intervene?

Thanks,

A



Posted By: cardboardmask
Date Posted: 07/February/2005 at 2:02pm

Hi - I'm factfinding for someone who has recently found out they were in arrears on their CSL (really was a surprise, and no, it really isn't 'me' we're talking about here. I've had my own student loan nightmares .. remember them well, but not fondly).

Anyway, CBCL are doing the usual song and dance about wanting "the whole amount", etc ... and are essentially doing a really good job of being the dregs of society that they are.

The phone calls are the the thing I'm concerned about. The phrase, "except to obtain the debtor's address, communicate with acquaintances, friends, relatives or neighbours of the debtor, unless that person is surety for the debtor", that they aren't allowed to contact relatives.

This person is living with a relative (not a parent), who is in no way financially responsible for the debt (all that 'surety for the debtor' bafflegab), it's just a place to crash in-between permanent addresses.

That being the case, can we tell CBCL to {{STEPOFF}}? They're calling frequently enough to upset this lady - and she's at an age where upset is just not a good thing. 

Thanks in advance.



Posted By: annoyed
Date Posted: 07/February/2005 at 2:18pm
I would say you absolutely could insist that they stop calling this number, assuming that they do not know that the debtor is residing there (otherwise they have no basis to call). On the other hand, if they do know that the debtor is living there, you can always have someone say that he or she has moved and not left a forwarding address/phone number. If they continue to harrass this poor lady, you should quote them the law as you've quoted it above and let them know that YOU (and the lady) know your rights and will not tolerate their calls. They tend to back off when they realize that someone else knows what their legal limitations are. Failing that, these dregs are generally retained on contracts that expire after a certain number of months. If they think its pointless to call this number, they'll probably go away and focus their efforts somewhere else.


Posted By: melistress
Date Posted: 08/February/2005 at 5:00am

Hi guys!

Well, I had had enough and of course the student debt is in fact legitimate so to deal with my husband's collectors we did the following:

WITHOUT filling out any income report of any kind we managed to talk to the first available agent and get an address (which they wouldn't even give us before) and a file number (also not given to us) as well as who the cheques could be written to.  They had been demanding the whole amount (same song and dance as everyone else) and they threatened to sue us on a daily basis.  Anywho, we sent them a letter telling them that they are no longer to call us or to insist on getting loans from elsewhere and that enclosed are several post dated cheques.  We told them also, that the deposit of these cheques would indicate acceptance of these terms.  We then made out cheques in an amount we could afford (our amount...not theirs) and sent it to them registered mail. 

We haven't heard from them since and the cheques are being cashed.  Just a suggestion for people who are acknowledging the debt.

 



Posted By: melistress
Date Posted: 08/February/2005 at 5:02am
If you like I can post a copy of the letter.


Posted By: Blue.
Date Posted: 08/February/2005 at 5:32am
I did the same--they said they wanted the financial questionnaire filled out. I refused. They said I had to pay 3% of the principal. I agreed to that, but in January, I sent them $50. That is NOT 3% of the principal, but I also enclosed 2 more cheques for 3% post-dated for the next two months. They don't seem to really care, as long as they're getting paid. *shrug* Then again, I think I've been VERY lucky in dealing with my particular agent.

-------------
What you are obsessing about is a debt. It's a loan. It's business. It's money. It contains no moral baggage. You are a decent, kind, loving and moral human being.
--Islander


Posted By: hunter
Date Posted: 08/February/2005 at 5:48am
Blue

If you are dealing with HRDC, I would fill out the questionare otherwise they will think that you are not complying and they will call up your payroll department and get the information.
Whereas if it is a collection agency, I will not give them any information. HRDC is rather nice to work with, and I have had no problems with them.
I fill out the form and then they call my payroll dept. to verify the information and because I have told them the truth, there is no problems.


Posted By: Blue.
Date Posted: 08/February/2005 at 6:10am
Well, I'm dealing with CBCL. My CA told me that the only way I could get around filling out the financial questionnaire was to pay 3% of the principal of the loan. I made payments in November and December, as well as (as above) a $50 payment in January, and sent post-dated cheques for Feb & Mar for the 3% as discussed. They've sent me paperwork specifying that they agree to the amount I'm paying, so, so far so good. I'll keep my fingers crossed that it stays that way!!

-------------
What you are obsessing about is a debt. It's a loan. It's business. It's money. It contains no moral baggage. You are a decent, kind, loving and moral human being.
--Islander


Posted By: melistress
Date Posted: 08/February/2005 at 6:32am

They didn't insist yet that we fill out a financial questionaire.  Oh wait, maybe they did...but they never sent it.  Anyway, the point was to jump one step ahead of them. 

A friend of mine was in financial debt once (non student loan) and she did the same thing with each of her creditors paying as much as she could afford to each of them (messy divorce credit problems) and sent them a similar letter saying that this was ALL she was going to pay toward the debts (most of them not even the full amounts) and that deposit of the cheques would indicate acceptance of the terms.  She never had another problem.  This was all at the suggestion of a credit counsellor. 

I thought we would try it and it seems to be keeping them off our backs.  When the cheques run out (keep your bank statements to prove they deposited them) we will send another letter and some more cheques until the PRINCIPLE is paid off.  I work for an accounting firm and in most cases interest is forgivable. 

We will negotiate on the interest when the time comes.



Posted By: melistress
Date Posted: 08/February/2005 at 6:34am

Please find below a copy of the letter we sent.

 

 

 

Canadian Bonded Credits Ltd.

P.O. Box 606

Willowdale Stn. B.

Toronto, ON  M2K 2P9

 

 

To Whom It May Concern:

 

Re:       File # ************

 

Please accept the enclosed postdated cheques as payments towards my delinquent account.  Although it is preferred that I pay the whole amount at once, I am unable to do so but I am willing to make payments of whatever I can toward clearing off this debt.  Please note that I do not qualify for a loan even with a co-signer and have no access to the kind of money you would like me to come up with, therefore any further mention of a loan will be unacceptable and treated as harassment.  I am sure that you will be pleased I am making an effort and accept these cheques.

 

I will treat the deposit of any of these cheques as acceptance of these terms.  Thank you for your patience and cooperation in this matter.

 

 

Sincerely,

 

 

 

 

Joe Shmoe

 

 

cc:              Joe Shmoe

 

 

Encl.


Posted By: AmyR
Date Posted: 22/February/2005 at 9:56am
Originally posted by melistress melistress wrote:

Hi guys!

Well, I had had enough and of course the student debt is in fact legitimate so to deal with my husband's collectors we did the following:

WITHOUT filling out any income report of any kind we managed to talk to the first available agent and get an address (which they wouldn't even give us before) and a file number (also not given to us) as well as who the cheques could be written to.  They had been demanding the whole amount (same song and dance as everyone else) and they threatened to sue us on a daily basis.  Anywho, we sent them a letter telling them that they are no longer to call us or to insist on getting loans from elsewhere and that enclosed are several post dated cheques.  We told them also, that the deposit of these cheques would indicate acceptance of these terms.  We then made out cheques in an amount we could afford (our amount...not theirs) and sent it to them registered mail. 

We haven't heard from them since and the cheques are being cashed.  Just a suggestion for people who are acknowledging the debt.

 



Posted By: AmyR
Date Posted: 22/February/2005 at 9:59am
Right now I am dealing with SDC Collection Agencies and they are demanding that I pay my loan all at once or else I can pay 3% of it then for 6 months I can pay 100.00 and then I have to pay the rest of it after that.  Is this something like what you had to go through?  They are constantly calling and telling me to contact my parents to get money to pay this off.  That is illegal for them to do yet she keeps on insisting I do so.  So you just sent money to the collection agency and they stopped bugging you is that right?


Posted By: Blue.
Date Posted: 22/February/2005 at 10:14am

Tell them next time that their insistence that you get another loan is illegal.

They're bringing up the 6 month number for a reason. Every six months, your file is reviewed at the collection agency. So, whatever terms you set up now are reviewed in six months. So I wouldn't be too concerned about that.

If you don't want to pay the 3% (or if you can't), then I would suggest you fill out their financial questionnaire and send it back to them. Basically, what's written above is accepted as pretty much correct. The likelihood that SDS is going to refuse any kind of payment is slim to none. By law, they have to accept whatever you send. So send 6 post-dated cheques, and when that gets near to the end, send another 6. They'll probably just keep on cashing them.



-------------
What you are obsessing about is a debt. It's a loan. It's business. It's money. It contains no moral baggage. You are a decent, kind, loving and moral human being.
--Islander


Posted By: advisor
Date Posted: 22/February/2005 at 5:03pm
also depending on which province you are in - for example, BC has a government agency - consumer protection which you should report any harassing or threatening behavior to, in regards to collections with student loans. Once you have made 6 regular payments on your student loan collections, you can apply to have it recalled back to regular student loans repayment.


Posted By: advisor
Date Posted: 22/February/2005 at 5:04pm
I work as an advisor with students on repaying student loans and in dealing with collection companies so if anyone needs a question answered, I will do my best to assist in it


Posted By: melistress
Date Posted: 23/February/2005 at 4:06am

Originally posted by AmyR AmyR wrote:

Right now I am dealing with SDC Collection Agencies and they are demanding that I pay my loan all at once or else I can pay 3% of it then for 6 months I can pay 100.00 and then I have to pay the rest of it after that.  Is this something like what you had to go through?  They are constantly calling and telling me to contact my parents to get money to pay this off.  That is illegal for them to do yet she keeps on insisting I do so.  So you just sent money to the collection agency and they stopped bugging you is that right?

Yep...we just sent them money...before they could even send out the questionairre.  They are cashing the cheques and they are no longer calling us.  They were insisting that we get a loan as well and wanted to talk to my husband's brother to confirm that he would not cosign for us to get a loan.  Totally illegal.  The problem is that when we confronted them about their illegal actions they denied that it even is illegal and just kept up the threats.  That spurred me to action (to get them the hell off our backs) and I drew up that letter.  Don't wait for a questionairre.  Figure out what you can pay and make a copy of that letter.  See what happens.  Draw up your own terms and see if they are accepted.  Make sure that if you don't have carbon copies of your cheques that you photocopy them before you send them and get copies of your bank statement to prove that they did in fact cash them.  Send the cheques registered mail and keep a copy of the letter with cc:  yourself on both copies.  If you do have a lawyer...even cc:  the lawyer (whether you send it to the lawyer or not is a non issue...its the same tactic they use in threatening you and shows them that you mean business and can't be screwed over on the phone anymore).  Take controll of your situation and you will feel much better and have better results.



Posted By: Blue.
Date Posted: 23/February/2005 at 6:07am
Melistress, don't you just get your cashed cheques back from the bank? Might make it easier. I know a lot of people pay by money order, but I just pay by cheque and have the cashed cheques returned. I've started a file for all of them...so I KNOW that the c/a accepted them!!

-------------
What you are obsessing about is a debt. It's a loan. It's business. It's money. It contains no moral baggage. You are a decent, kind, loving and moral human being.
--Islander


Posted By: melistress
Date Posted: 23/February/2005 at 10:35am
I get my cancelled cheques back but my husband does not (President's Choice Financial) regardless, you cannot have TOO MUCH proof that they have cashed them (my belief) so we have carbon copies, printouts of statements, carbon copy of the letter, and a receipt from sending it all registered mail.  Something my father taught me in dealing with difficult people.  Remember, with legalities being thrown at you (empty or not) you want to make sure you have ALL your bases covered.  Cancelled cheques are an excellent way if your bank provides them.  Some banks, however, require that you request them and it takes time to get them.  If you do as I did you have said information readily available.  Just my suggestion.


Posted By: lola
Date Posted: 25/February/2005 at 12:40pm
Being harassed with phone calls?

Don't get into hassles about family, loans, etc.....Warn them once
not to call. If they call again hang up & dial *57. It traces the call.
After 3 calls, report it to the RCMP. THEY will contact the caller, and
believe me the calls will stop. Also report to the BC consumer
protection agency if you like, but don't expect them to do anything.
They have had their budgets slashed. The RCMP route is much more
effective. It also puts a legal paper trail to the harassment.

Knowlegde is power.

-------------
Lola


Posted By: lola
Date Posted: 25/February/2005 at 1:23pm
P.S.

Whatever you do, DON'T tell them you are tracing the call with the
RCMP. Also DON'T become abusive yourself - if they are recording
the call they will use it against you.

The aim here is to get the RCMP to look after the illegal harassment,
and to catch the vermon. We don't need to engage in these battles.
There are laws, and if we are calm there are ways to look after
ourselves and the abuse. Record the calls if you can - it would make
good evidence. But if you don't that's okay.

-------------
Lola


Posted By: silence2long
Date Posted: 25/February/2005 at 1:57pm

Thanks for your post LOLA !!!

Knowledge is power.......abuse by collectors is unacceptable... nice to know that there are other avenues of getting the calls to stop !!

 



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silence is a form of fear...fear of the unknown...has kept me silent too long


Posted By: builtobedriven
Date Posted: 05/March/2005 at 6:19pm
I am very glad to have came across this forum. I am 26 yrs old and am being harassed by a company called CBV collections. They say they are going to garnish my wadges. If ANYONE out there can let me know of the exact procedures of them doing this it would be greatly appreciated.I need to know where I stand and I need to know my rights. A link, a suggestion, anything..please


Posted By: Torie
Date Posted: 08/March/2005 at 3:53pm

I'm dealing with a collection agency called NCO finanical based out of Alberta (Edmonton I think).  I've delt with them for over 4 years now and have always made payments and upon there requests (more like demands with threats of law suits and lots of yelling......from their end) I have applyed again and again for loans to "settle", and when I was denied I was yelled at again and accused of not making the effort and asked to provide proof of which places I had applyed to.  Is this legal?

Since November. 04 (after once again applying for a loan at their demand) I have been paying them 300.00$ a month (tottaly tapping me  out financially) and now 4 months later they are calling me telling me the "client" wants me to "settle" and I should yet again apply for another loan, this time they will even be so nice as to provide me a tax reciept for all the intrest I have payed over the years. I informed the guy that I have applyed for a loan every 4 months at their request and I feel that the answer will be the same as in November.  He then informed me I have to fill out a "finacial questionairre" and then he demanded to know how much I make. I told him I was not required to give him that information he informed me that I was "obligated" , I then asked for a copy of this "obligation" list.  I was supprised when he informed me he did not have a list like that handy.  He then threatend his supervisor I happly agreed to speak with the "supervisor" it was quiet for a bit and "jeff" got on the line (he sounded like a greasy car salesmen) and explained to me that I MUST fill this out so that they can prove to the "client" that I can not "settle".  I said sure send it to my work fax by Monday morning and I will have it to you mid morning your and I gave him the number.


That was on Friday and Monday I watched the fax machine all day...no statement....so Monday when I got home from work I called "frzor" got his machine and left a messge politley stating that maybe they had the wrong number and I'd like to confirm that they do indeed have the correct one..no call back that night (funny how they can call you 2 maybe 3 times a day when they want something from you). 

Tuesday- Still no fax- called "frzor" and told him I have yet to recieve a fax he told me it was sent at 3:00pm (his time, I am in Ont) I said that was great I will fill it out tomorrow and give him a call..he then informed me that was not an option anymore..LOL.  I asked him what was not an option anymore and he informed me that I MUST do it over the phone now.  I informed him that I would prefer to do the hard copy so I would have a copy for my records..he told me to pick up a pen and write it down as we go.  I politley informed him that I will be contacting him tomorrow after I fill out the form.  He hung up on me.

I know this is a long story but I'm just at my witts end I don't know what to do or where to go.  Should I fill out the "questionairre" and play their game and then send the post dated cheques with a letter? it's so hard when you don't know your legal rights does anybody know what a person's legal rights are when it comes to collections?  Any suggestions would be useful.

Torie



-------------
It's a matter of prespective life could be worse.


Posted By: lola
Date Posted: 08/March/2005 at 4:13pm
I think this is best left to an expert to answer, but I think you are
being duped. I'd ignore them.
Johnny?

-------------
Lola


Posted By: SolveStudentDebt
Date Posted: 08/March/2005 at 6:26pm

 

 Torie,

 To answer your qestions, I have to quote you, and then answer.

 You wrote:

 "I'm dealing with a collection agency called NCO finanical based out of Alberta (Edmonton I think).  I've delt with them for over 4 years now and have always made payments and upon there requests (more like demands with threats of law suits and lots of yelling......from their end) I have applyed again and again for loans to "settle", and when I was denied I was yelled at again and accused of not making the effort and asked to provide proof of which places I had applyed to.  Is this legal?"

This behavior and conduct is certainly against the rules, especially if it a Canada student loan (debt owing to the Crown).  All of what you had described is against policy. It is a violation of the certian prohibitions outlined in the Provincial Collection Agencies' act, and HRDC's third party PCA directives.

 You wrote:

 "Since November. 04 (after once again applying for a loan at their demand) I have been paying them 300.00$ a month (tottaly tapping me  out financially) and now 4 months later they are calling me telling me the "client" wants me to "settle" and I should yet again apply for another loan, this time they will even be so nice as to provide me a tax reciept for all the intrest I have payed over the years. I informed the guy that I have applyed for a loan every 4 months at their request and I feel that the answer will be the same as in November.  He then informed me I have to fill out a "finacial questionairre" and then he demanded to know how much I make. I told him I was not required to give him that information he informed me that I was "obligated" , I then asked for a copy of this "obligation" list.  I was supprised when he informed me he did not have a list like that handy.  He then threatend his supervisor I happly agreed to speak with the "supervisor" it was quiet for a bit and "jeff" got on the line (he sounded like a greasy car salesmen) and explained to me that I MUST fill this out so that they can prove to the "client" that I can not "settle".  I said sure send it to my work fax by Monday morning and I will have it to you mid morning your and I gave him the number."

 

This has got to be a bank of Nova Scotia student loan. There is a pattern here.

 Here is the stigma surrounding your debt being managed by an agency - and the fact that you are showing incredibly good faityh by paying as much as you can:

 The collector sees a consistant $300.00 payment coming in from a debtor. Collectors think that people who can afford to pay $300.00 can find a co signer and geta loan. Why pay $300.00 to an agency they think? "ay it to a bank so we can get paid and earn our commission."

 This is why you are recieving the "heat" you are describing. It is a common element of the business psychology.

 If you need help, I can solve this little mess for you and get you back in control.

 

John LeBlanc
The Canadian Financial Wellness Group
 
Tel: (902) 464-8727
 
http://www.cfwgroup.ca - http://www.cfwgroup.ca
 
P.S.  The collector is not allowed to fax anything to you at work. If anyone receives that information, it is a serious breech in confidentiality and privacy. I will be setting up a program for people to better understand the privacy issues, and how to solve problems by becoming aware of these rights and statutes.
 

 

 

 

 



Posted By: Torie
Date Posted: 09/March/2005 at 3:59am

Johnny,

Thank you for the insight and you were correct this is a Scotia Bank Student Loan.   I will defently give you a call, is area code 902 Toronto? 

I have one more question I got to work this morning and low and behold the fax was waiting for me.  The "Financial Questionnaire" is filled with all sorts of personal and confidinential questions, ie. My income, spouse's income, his and my employeers and their phone numbers and addresses.  This is not going to happen I do not feel comfortable giving them more information then nessassary can I flat out refuse to fill it out? and if not can I only fill in what I deem is needed for the "client" to make a decision? This debt has nothing to do with my husband and I will not provide his personal infor to them.

I have scanned the dreeded Financial Questionnaire to post if anybody is interested now or in the future but I am unsure how to attach it.



-------------
It's a matter of prespective life could be worse.


Posted By: Antonio
Date Posted: 09/March/2005 at 4:22am

Hey Torie,

Given what John's written in the previous post, it seems that you have SOLID grounds for filing a complaint with both:

HRSDC Collection Services
140 Promenade du Portage, Phase IV, 2nd Floor
Hull, Quebec K1A 0J9

and with the Information and Privacy Commissioner of Ontario ( http://www.ipc.on.ca/scripts/index_.asp?action=31&P_ID=1&N_ID=1&U_ID=0 - http://www.ipc.on.ca/scripts/index_.asp?action=31&P_ID=1 &N_ID=1&U_ID=0  )--download a complaint form at:  http://www.ipc.on.ca/userfiles/page_attachments/cmpfrm-e.pdf - http://www.ipc.on.ca/userfiles/page_attachments/cmpfrm-e.pdf  .

Send carbon copies to both your MPP and your MP, and to the collection "agency"; the more each and every one of us resists and points out the abuses of these "agencies," the more the government will be forced to deal with their incompetence!

Antonio



Posted By: SolveStudentDebt
Date Posted: 09/March/2005 at 4:27am

 

 If they faxed it through to you at work, that is against the rules unless you have issued a written authorization to do so. Collection agencies are required to follow the confidentiality rules just like every other business working with financial information.

 There is no law that says you have to provide a collection agency your personal information, or anyone else's that is not responsible for the debt. However, the bank (or collection agency representing them) can use that refusal as an act of unwillingness to some degree. Remember, what is against the "law" - and what is against "policy" are two different things.

 Also remember, if collection agencies and collectors are breaking the law by doing what they do, then their operations would cease completely. If what they are doing is illegal, then the system should put their foot down and investigate. The provincial ministries who license and control collection agencies should be "supervising" them in the event.

 

John LeBlanc
The Canadian Financial Wellness Group
 
Tel: (902) 464-8727
 
http://www.cfwgroup.ca - http://www.cfwgroup.ca


Posted By: SolveStudentDebt
Date Posted: 09/March/2005 at 4:28am

 

 Antonio,

 HRSDC has no jurisdiction overe a bank on Nova Scotia student loan, and the colelction agency handling it.



Posted By: Antonio
Date Posted: 09/March/2005 at 2:13pm

John,

Thanks for the correction.

Torie, I'm sorry for posting incorrect information.  The whole point of my message was that people should document abuses (John seems to suggest that such a thing may have happened in this case) and file formal complaints with privacy commissioners, etc.  We shouldn't suffer these attacks on our integrity passively.

Ciao,

Antonio



Posted By: jewelsofpaste
Date Posted: 10/March/2005 at 8:21pm
Im having a problem with Alliance One- a collection agency in Toronto.
Who can I make a complaint to? Are they regulated on a provincial or
federal level? Is HRSDC the appropriate place to file a complaint against a
collection agency who is acting on behalf of bank rather than a
goverment student loan? Perhap I should file something with the bank
(Royal) for which they are acting.

J


Posted By: creditwrench
Date Posted: 13/March/2005 at 10:01am
Here is a funny one I recorded a while back. Here is the story. I had a student who was getting hounded at work by this San Francisco debt collector. I got all the needed information to make the call from my student and the following is the result of that call I made for him.

Instead of making me give him the correct account number and social he read them right out to me and then asked me if that was correct and of course I said it was. Then the following conversation took place.

http://www.creditwrench.com/jessie.mp3 - Jessie.mp3

Then I put the recording up on a freebie website and had Jessie call the dumbo up the next day and demand to know what he was doing giving out all of his personal information. The CA guy (name of DelGado) claimed he didn't do any such thing so Jessie invited him to play the recording on the internet and tell him he didn't give out all his personal information to a total stranger.

LOL

http://www.creditwrench.com/18questions.html - 18 questions to ask debt collectors when they call I also have my students us the following 18 questions every time a debt collector calls. It works real well because they will never call back more than 2 or 3 times and get forced into answering the same 18 questions every time only to get hung up on without getting a word in edgewise.




Posted By: kwelmm
Date Posted: 13/March/2005 at 10:11am
creditwrench,
Your 18 questions sound great....although, I would not suggest yelling back at them as they do to you....that is not productive at all.  As well...I don't think trying to get the CA to break the law is going to be seen as acting in good faith...it will work against you if you are trying to bait them to break the law....I'm sure Johnny will see this and have very similar views as he has posted on this topic many a times.


Posted By: polyhymnia61
Date Posted: 13/March/2005 at 11:52am

I think things are a bit different in the US...From the impression I've gotten from posts here, a debtor in the States has more protection against the creditor...

Correct me if I'm wrong?

 

Poly



-------------
Home is where you are allowed to prosper.


Posted By: SolveStudentDebt
Date Posted: 13/March/2005 at 12:48pm

 

 Correct, Poly. The FDCPA is a wonderful statute. It makes the provincial collection agencies' acts look like punchlines to some bad jokes. Also, consumer protectionis very big in the USA. The laws in the United States protect people. The low rate of default with student loans is one proof. 

 Kwelmm,

 Yes, it is good to reiterate that trying to "bait" someone to break a law or provision of any statute is far from productive. That is not what this site promotes and Mr. Omeara would be the first to authenticate this.

 John LeBlanc
The Canadian Financial Wellness Group

 
Tel: (902) 464-8727
 
http://www.cfwgroup.ca - http://www.cfwgroup.ca

  

  

 

 



Posted By: creditwrench
Date Posted: 16/March/2005 at 7:09am
Originally posted by kwelmm kwelmm wrote:

creditwrench,
Your 18 questions sound great....although, I would not suggest yelling back at them as they do to you....that is not productive at all.  As well...I don't think trying to get the CA to break the law is going to be seen as acting in good faith...it will work against you if you are trying to bait them to break the law....I'm sure Johnny will see this and have very similar views as he has posted on this topic many a times.
Well, I don't like to yell at them either but when I get a few questions down the line they just seem to lose it every time and start yelling at me or trying to talk over the top of me and so I am reduced to yelling back at them. 

They just never seem to be able to keep their cool. LOL



Posted By: kwelmm
Date Posted: 16/March/2005 at 12:18pm
creditwrench...your show of control over the conversation (not yelling--being solid and confident--assertive)  will drive them more nuts than if you yell back at them.  You say "I am reduced to yelling back at them"....Not so...you decide how you will react/respond to them....when you make a comment like that you are realeasing your control to them!  Take it back and be firm.

I've tried both ways of "interacting" with the CAs....when I was confident and calm it drove them nuts because they were not getting the reaction they wanted from me (which was pretty much roll over and play dead because you are useless--now they didn't say that in so many words...although...it was much implied!!

So...what'ya say--try it...and you tell us the difference in the outcome of the discussion next time!!!  Be proactive and prepare yourself for their calls....this helps huge.

I am sure you know what you are doing with the CAs....it's always good to refocus and look at things from another perspective 



Posted By: creditwrench
Date Posted: 16/March/2005 at 12:56pm
I won't argue with you about which is preferable.  I agree that keeping one's cool is much better.




Posted By: kwelmm
Date Posted: 16/March/2005 at 3:28pm
You're coming around, creditwrench....LOL 


Posted By: WantOut
Date Posted: 19/March/2005 at 1:06pm

I just wanted to respond to an earlier post by Iola regarding calling the police when the collection agencies repeatedly call when you've told them to stop ....

I've tried this.  The police say there's nothing they can do because a law is not actually being broken.  I argued that it was my understanding that when you've asked someone to stop calling you and they won't that it constitutes harassment.  I asked what WOULD constitute harassment, if not this, and the officer said that if it was a past partner or someone like that, then it would.  That makes no sense to me, but I was unable to get any action on the part of the police.

Now, maybe the rules are different in other provinces (I think Iola said B.C. was the province he/she was posting from), but evidently in southern Ontario I "would not be able to get any police officer to intervene in something like this".

Just thought I'd pass that on .... not that it's terribly positive or anything.  It was somewhat disconcerting to discover that one of the avenues of relief I thought was available to me was in fact not.



-------------
In order to discover new lands, one must be willing to lose sight of the shore for a very long time.


Posted By: creditwrench
Date Posted: 19/March/2005 at 3:50pm
Originally posted by WantOut WantOut wrote:

I've tried this.  The police say there's nothing they can do because a law is not actually being broken.  I argued that it was my understanding that when you've asked someone to stop calling you and they won't that it constitutes harassment.  I asked what WOULD constitute harassment, if not this, and the officer said that if it was a past partner or someone like that, then it would.  That makes no sense to me, but I was unable to get any action on the part of the police.

That is also true in the states. What you were really seeking was what is known here in the states as a VPO or victim's protective order and is only available in cases of family disputes.

I do not know about Canadian law but stateside we can enforce a cease & desist only by filing lawsuit against the offender under the Fair Debt Collection Practices Act. As far as I know there is no other civil remedy available but I must stipulate that the remedy may also be available in civil law without reference to FDCPA because Cease & Desist can also be demanding of a civil court that it order the defendant to cease & desist from any act that they may be doing which is illegal for them to do so I must assume that it can be done in other types of situations as well. I just haven't heard of any cases in which Cease & Desist was actually adjucated so I cannot be counted on to be expert in the matter except as it applies to FDCPA.







Posted By: kwelmm
Date Posted: 19/March/2005 at 4:00pm

In Canada....it's a restraining order....similar to your VPO.



Posted By: k_lam
Date Posted: 12/May/2005 at 5:38pm

Originally posted by advisor advisor wrote:

also depending on which province you are in - for example, BC has a government agency - consumer protection which you should report any harassing or threatening behavior to, in regards to collections with student loans. Once you have made 6 regular payments on your student loan collections, you can apply to have it recalled back to regular student loans repayment.

Hi there, I wonder if it is true that if I manage to pay 6 regular payments to Collection Agents, I could apply to back on regular loans repayment? How does it work? Any more detailed information regarding this? Please advise as soon as you could as I need to talk to Collection Agent tomorrow morning. Please kindly help.



Posted By: creditwrench
Date Posted: 12/May/2005 at 6:40pm
Originally posted by k_lam k_lam wrote:

Originally posted by advisor advisor wrote:

also depending on which province you are in - for example, BC has a government agency - consumer protection which you should report any harassing or threatening behavior to, in regards to collections with student loans. Once you have made 6 regular payments on your student loan collections, you can apply to have it recalled back to regular student loans repayment.

Hi there, I wonder if it is true that if I manage to pay 6 regular payments to Collection Agents, I could apply to back on regular loans repayment? How does it work? Any more detailed information regarding this? Please advise as soon as you could as I need to talk to Collection Agent tomorrow morning. Please kindly help.



My experience here in the states has been that if you demand validation of the debt in writing the debt collector has to send your demand back to the Dept of Education who then jerks the account from the collector and then once that has happened you can get into the William B. Ford student loan rehab program and if you make regular payments for (I think) 1 year then you can get it back into the regular program with a clean credit report. How it works in Canada I have no idea.




Posted By: k_lam
Date Posted: 14/May/2005 at 4:55am

[/QUOTE]

My experience here in the states has been that if you demand validation of the debt in writing the debt collector has to send your demand back to the Dept of Education who then jerks the account from the collector and then once that has happened you can get into the William B. Ford student loan rehab program and if you make regular payments for (I think) 1 year then you can get it back into the regular program with a clean credit report. How it works in Canada I have no idea.


[/QUOTE]

Thanks very much.

 



Posted By: misscynic
Date Posted: 27/May/2005 at 4:41am

hi,

I'm new, and haven't had the chance to read all the posts, so I apologise if this has been discussed already...

I've been in default of part of my CSL for nearly a year. It's a long story, but I didn't realise I was defaulting (honestly!) which is why I ended up in this situation in the first place. I've been paying off my MB student loan as well as a portion of my CSL (the part that was distributed through the bank, when they took over the program a few years ago) for for a year and a half. The portion I'm in default on is the portion distributed by the government. Anyways, 8 months into my repayment status CBCL called to tell me I was defaulting on my loan. The agent said I needed to pay it in full by the end of the month. I said I couldn't. At the time I was on EI, and the agent then said I could apply for interest relief which would only last for a few months. I said fine. Then I waited. No papers came. I had a trip booked months in advance for a good friend's wedding in BC so I went, and when I got back there were still no papers. I called CBCL and they said they hadn't sent them because I had to REQUEST them first... So I asked for them and was told that it was too late and I couldn't apply because I was starting work again within a couple of weeks.

Then I got the financial questionnaire. I got a new agent assigned to my file and she said I had to have it sent in within 2 weeks. (I didn't.) She accepted the amount I was willing to pay and asked for 6 post-dated cheques to cover 6 months of payment. I sent them in and never heard from them again. She told me when the 6 months were up I'd re-do the financial questionnaire to see if my situation has changed (i.e. see if I can pay more).

That was supposed to be this month. I called CBCL yesterday to ask about this, and 'my' agent wasn't there and I got some guy called Dave. He said he would be my new agent. He told me that the re-doing of the financial document was something I was supposed to do myself, not send in, because I wasn't supposed to be paying CBCL anymore. (I didn't know this.) He told me CBCL is just supposed to be a temporary thing while I find another way of financing my debt. He said CBCL is not a bank, they're not supposed to take monthly payments. He said my credit rating is in the toilet because I'm still dealing with them, and if I just went and financed my loan elsewhere and paid off CBCL then my credit rating would be all good again. He gave me suggested loan amount requests for financial institutions, told me I'd be better off with a credit union rather than a bank, then started calculating monthly payments for me.

"If you ask for a $4000 loan and they charge you 9% you'll only have to pay around $100 a month if you can spread it over 4 years, or maybe you can try to get even a 10% rate over 5 years..." stuff like that. I said, but I have hardly any money in the first place - that's why I'm defaulting! No bank will give me a loan. He kept saying that it's "in my best interests" to get a bank loan. I said, what happens if a bank won't take me on? He sighed and said, of course CBCL will "take me back" but I'll have to pay more per month, and it will be at my own risk: He said my account could be closed down at any time and me taken to court, because after all I am in default. And when I said I'd have to send a cheque for this month's payment at least, he snorted, "well, it's your credit rating". And that was that.

Sorry that was so long. I'm just really frustrated. My boyfriend says Dave was just trying to get his commission and try to intimidate me, and that it's perfectly acceptable for me to continue with my monthly payments to CBCL. Is this true?

-Larissa



Posted By: White Tiger
Date Posted: 27/May/2005 at 11:22am

Okay, here it goes!!! I have 4 yes count them 4 different collection agencies after me!  I originally had an OSAP loan through my bank and then I decided to go back to school with a loan from the National Student Loan Center, because I could only obtain employment in Call Centers.  So I ended up with 2 Provincial loans equaling $8000 and 2 Federal loans equaling aproximately $22,000. Ironically I have nothing to show for it because no Lawyer will take a chance on a Legal Secretary/Paralegal with no experience so all this education amounted to NOTHING!!!  Now, I had every intention of repayment, however when they all came due after my Paralegal course I realized that combined they were asking for about $500.00 a month!!! I was never aware that I would have to make those kinds of payments.  Silly me I thought that they would think of my financial circumstances you know being a single mother and all.  hahahaha!  Now I am getting calls so far from 3 of them first one was rude and condescending and quite honestly he scared me into giving him 3 postdated $150 cheques, the second was much nicer (hahaha) she at first accepted my $50 offer only to call back 3 days later to say that they cannot accept that amount if I am able to pay $150.00 to the other collection agency to which I explained to her that the first one won't be able to get that amount anymore as my Baby Bonus is going down in July by $300.  She replied that she would send me out the financal questionairre to fill out which I am totally scared to fill out.  Now comes the third one who almost suckered me.  He is sooo nice and understanding, in fact he has even gone through something similar himself (apparently hahaha), so eventually he says that he will work with me yadayadayada...  At the end of the conversation he states what I will need from you is some kind of faith payment like a payment through your online or telephone banking even if it is only one penny because I have to send the report back by Tuesday (he has only had it just over a month with this being the first contact) and if he sends it back with no payment at all, well the HRDC may see this as a non compliance and take me to court.  The funny thing is, is that I heard a desperation in his voice (that I hadn't heard before when I was co-operating with him) when I refused to make the payment and said that filling out the financial questionairre and sending the 3 postdated cheques should be enough.  When he kept pressing me for why I wouldn't I finally bluffed and said that I would like to consult a Lawyer before I made a payment, he was cowed and said okay.  Now every one of them tried to get me to tell them where I worked and I wouldn't tell them and after reading a lot of these stories I am glad that I didn't because I cannot afford to be getting calls at work! In addition to this all three of them mentioned the matter going to court and that I should get a consolidation loan, one of them went so far as to ask why can't you get the guy who answered the phone to co-sign and who was he to which I replied respectfully that that was none of her business.  They can be very rude!!!

Now here is the problem:  I am a mother of 2 making $2000 GROSS not take home, I live with my boyfriend (3 years) and I don't want them going after him for my debts.  It is already hard enough to keep a long term relationship going without having to lay all of my financial hardships on him.

Now here are my questions:

1. Do I have to fill out the questionairre's?

2. Do the collection agencies have to accept the $50 payments?

3. What other advice can anyone give me besides hiding which is not possible with kids?

Any advice would definitely be most appreciated.



-------------
Sherrylee


Posted By: White Tiger
Date Posted: 27/May/2005 at 11:32am

I just thought of something, just to let you know $2000 may seem like a lot but when your rent is half of your pay and the other half goes on food, transportation, cable, and phone believe me when I say $2000 is more like $200 because that is all I have left!  Also that is not including clothing, coats, field trips, and the $25 a week in daycare!!!  I have read quite a few stories and to be honest with some of them I have to feel quite bad because with the wages they put in their post's I really don't know how they do it.  I would like to commend those people, they are strong people!!!



-------------
Sherrylee


Posted By: farmer
Date Posted: 27/May/2005 at 11:43am
What I did was work out our monthly budget in an Excel spreadsheet, and quickly realized why we were having so much trouble (me , wife, 4 kids) we were running some months up to $1000 in the red.  So in spite of them trying 3 or 4 agents in the past six months, there is no way I can increase the payments I am making right now.

You all know the story though, it's never good enough for them. I really don't know how these people sleep at night, I really don't.

To answer your questions, you probably should fill out their questionare (once). Just make sure to put down every little bill you have to pay, write down everything you spend a single penny on in the month. That will help the tracking of it.
Yes, they MUST accept any payment you send them. Although they will lie until they are blue in the face that they "won't" accept anything except what they say.
Other advice, if they are getting to be too pushy, just hang up. Get caller id, and just ignore them if they keep pestering you (after you have sent in a payment - even just a little one) for the month.


Posted By: White Tiger
Date Posted: 27/May/2005 at 11:58am
Thank you for replying so quickly, I guess you understand how stressful this situation can be.  The only problem I have with filling out the questionnaire is that it gives them access to my work and to my boyfriend.  Now just out of curiousity how do you know that they have to accept the payment offered because one of them said that they cannot accept payment without the questionnaire, and another said that could not accept anything under $150.00?  PS Wow 4 kids and they still could not take your financial strain under consideration?

-------------
Sherrylee


Posted By: Lastride
Date Posted: 05/June/2005 at 3:21pm

Ok, here goes....This is my first post here. I am hoping someone can give me some guidance.

I had a student loan in 1993/94 for $3990.

I have never made a payment on this or acknowledged the debt with CBCL(and they really really really want me to do this! They want me to send them $1 a month just to acknowledge it)

In 2000/01 I had to declare bankruptcy. CBCL started phoning me last year and they wont stop now. I have not sent in a financial questionaire as I dont want to give them anymore info than they already have. They have phoned my employer and told them they will be sending them info on garnishing my wages.

How long does it take for HRDC to forgive a student loan? I was told that if I had declared bankruptcy 10 years after my student loan then it would have been forgiven. Is this correct?

Any advice would be appreciated..thanks



Posted By: SolveStudentDebt
Date Posted: 05/June/2005 at 4:02pm

 

 Welcome to the forum.

 HRDC does not forgive student loans unless you are:

 a) Medically/physically/psychologically disabled with a ton of proof

 b) Doing the dirt nap

 c) Incarcerated for a very long time

 d) able to demonstrate that you will never be able to pay the darn thing - with a whole truck load of substantiation.

 As for the acknowledgment thing ... your debt is not due to become statute barred for some time based on what you have described.

 Quote:

"I was told that if I had declared bankruptcy 10 years after my student loan then it would have been forgiven. Is this correct?"

 No.

 An absolute discharge will depend on several factors, such as:

 a) the degree of your financial hardhsip

 b) the reasoning behind your bankruptcy/what your debts were at the time

 c) Your past history with the CSLP

 d) Your educaiton, and if you are employed gainfully because of it.

 These are just a few things.

 If you want help solving this problem, let me know. Doesn't look like bankruptcy did anything for you.

 Johnny

  http://www.cfwgroup.ca - www.cfwgroup.ca

 

 

 

 

 



Posted By: lola
Date Posted: 05/June/2005 at 4:18pm
Originally posted by Johnny Johnny wrote:

 b) Doing the dirt nap
   
Thank you Johnny! I truly am laughing out loud, and needed a good chuckle.


-------------
Lola


Posted By: SolveStudentDebt
Date Posted: 05/June/2005 at 5:52pm


Posted By: BigFatherA
Date Posted: 06/June/2005 at 3:32am
Hey!  I thoght dealing with dirt naps is my jurisdiction!

-------------
BigFatherA
Priest & Teacher
non carborundum illegitemi est


Posted By: SolveStudentDebt
Date Posted: 06/June/2005 at 4:47am

 How have ya been big daddy? We haven't talked for ages. Let me know when you are ready to deal with that thing of yours. I have some more ideas.

 Johnny

  http://www.cfwgroup.ca - www.cfwgroup.ca

 

 



Posted By: Lastride
Date Posted: 08/June/2005 at 6:30am

I just had another wonderful call from my friends at CBCL  Every call always ends up the same way...the person keeps telling me to acknowledge the debt...at least 12 times during a conversation.

Is there some legal reason that if I acknowledge the debt by making a $1 payment that I am now responsible for it?

A friend of mine's wife bought a vaccuum cleaner from a door to door salesman. Signed for the monthly payments, thru TransCanadaCredit. He never made a payment on it as he never wanted it. He even told the company to come and get it but they said to bad. Anyway, of course the collection agents started phoning. He went to a lawyer and his lawyer said have you made a payment and he said no. The lawyer then told him to not make one, not to acknowledge the debt, and give his name to the collection agency.

He never received another call again and that was 4 years ago. Just wondering if this is similar to my question or not? Thanks



Posted By: Lastride
Date Posted: 12/June/2005 at 6:18pm
Any help here would be greatly appreciated. thank you


Posted By: SolveStudentDebt
Date Posted: 13/June/2005 at 2:35pm

If your debt is statute barred and you acknowledge the debt after the fact, then it can survive the limitations that were once restricting the lender (or it's third=party handler) from recovering the money owed.

 Making a payment, even a $1 payment will constitute as an acknowledgment.

 Lastly, I didn't think Hoover or Kirby were in the loop for administering student loans(?).

 The transaction at TCC that you have described is called a Conditional Sales Contract. That is how this type of plan works as desribed. If the goods were still fairly new - and there was a problem with the merchandise, then they could heave ben returned and refunded to ammend the CSC.

 I dunno, dude. TCC does not fear lawyers. If you owe them money, they play hard and mean on the field. They will sack the quarerback - and then go after his family. This is a high-risk finance company you are talking about here.

 A lawyer telling anyone to avoid a financial obligation speaks a thousand words also. The last time I heard lawyers are required to walk within the boundaries of the law and not aid and abet people to do the wrong things.

 Johnny

  http://www.cfwgroup.ca/ - www.cfwgroup.ca

  http://www.cfwgroup.ca/forum - www.cfwgroup.ca/forum



Posted By: Lastride
Date Posted: 13/June/2005 at 4:24pm


Joined: 05/November/2003
Location: Canada
Posts: 1807
Posted: 13/June/2005 at 7:35pm | IP Logged Report Post http://canadastudentdebt.ca/edit_post.asp?M=Q&PID=18915&TPN=3">Quote Johnny

If your debt is statute barred and you acknowledge the debt after the fact, then it can survive the limitations that were once restricting the lender (or it's third=party handler) from recovering the money owed.

 Making a payment, even a $1 payment will constitute as an acknowledgment

So in plain English please :) Should I acknowledge it or not?


Posted By: Lastride
Date Posted: 13/June/2005 at 4:25pm

Oops, that didnt work ;)

Was trying to quote Johnny and I failed. Still need the question answered though. Thanks



Posted By: SolveStudentDebt
Date Posted: 14/June/2005 at 3:47pm

You asked, "Should I acknowledge it or not?".

 That is not something anyone can answer for you.

 If you want me to give you advice, you have to be a client. I want to see what you are dealing with and make the proper assessment to determine what course of action you should take.

 I will make a suggestion. Do the right thing. Become aware, and act based on what that awareness teaches you.  

 Johnny

http://www.cfwgroup.ca/ - www.cfwgroup.ca

http://www.cfwgroup.ca/forum - www.cfwgroup.ca/forum



Posted By: copperfrog
Date Posted: 24/June/2005 at 12:25am
I have questions about these collection agency rules.

- where the debtor is an employee, contact the debtor by telephone, mail or in person at the debtor's place of employment;
- contact the employer of the debtor without the debtor's consent;
- its illegal for them to have you get another loan to pay off your debt.

I just recently had a collection agency call my boss at work to get a hold of me.  Now I'm pretty sure that it is illegal for them to do so.  They called my boss 3 times yesterday and I never gave them his number.  They called employee services and someone their gave them my bosses number.  And they are currently pushing me to get a high risk loan to pay off my debt with them.

What I'm asking is that if those rules are an actual law.  I was wondering if any one knew was act and subsection to find the law that says a collection agency cannot make you get another loan to payoff your debt and if they cannot call you at work.  I would like to make a formal complaint to HRDC about this company but I want to support my complaint with the laws that they broke.  Or is HRDC aware of the law concerning collection and will act against them as I do not want this to be brushed off.

I live in ontario, I saw the Alberta rules but I don't think it will apply to an ontario resident.


Posted By: SolveStudentDebt
Date Posted: 24/June/2005 at 4:07am

Frog,

 Quote:

 "- where the debtor is an employee, contact the debtor by telephone, mail or in person at the debtor's place of employment;
- contact the employer of the debtor without the debtor's consent;
- its illegal for them to have you get another loan to pay off your debt."

 These items you have described are actually fragments of certain prohibitions outlined in each provincial CAA.

 1. Some provinces do allow communications to debtors at while at their place of employment. Others do not. Others will allow it only under specific conditions.

 2. No collector can disclose your personal financial information with ANYONE else unless expressed written consent has been given by you.

 A collector can call anyone they please. They are just not allowed to disclose your business and financial data. If a collector calls your employer just to rap about life and shoot the breeze for whichever freaky reason that makes absolutely no sense, then so be it. What can you do? Nothing.

3. It is not illegal for a debt collector to ask (or even demand in some cases) that you to refinance or consolidate in order to pay off the bad debt. However, It is illegal for a collector to threaten personal/physical harm or injury if you do not pay the debt in full. It is also illegal when a collector acts in total disregard to the privacy act and PIPEDA, or the criminal act in Canada.

If a collector threatens legal action, then there must be an intent followed by the action. If they do not sue, then so be it. You can complain about the threat but who is really going to listen? The provincial ministries in Canada are flooded with complaints that end up washed and dried without incident.  

It is the most common tool of their trade. A collector is required to say that they can or will "recommend" legal action" be taken against you if you do not comply with the terms of the original agreement, and if it is determined that you can pay more than what you are offering.

 You asked:

 "What I'm asking is that if those rules are an actual law."

What you have described in the opening of your post are fragments  of an act that governs collection agencies (CAA). The act describes prohibited colelction activity and behavior(s). So, when someone is caught breaking these rules, the perpetrating collector(s) are usually reprimanded and placed on supervision, or removed from the business, depending on "how serious" the complaint is/was.

 Now, if this were the law being broken, more serious consequences would be delivered down the pipe. I have never seen a collector incarcerated for breaking the rules outlined in the CAA.

 Lastly, if they are calling your boss and asking for you, this is a typical fear installation tactic - and it is very effective. They cannot disclose your personal stuff to your boss, however. If they are calling and leaving dead-end messages, they are walking on that fine line that seperates following the rules and breaking them. Colelctors are also professionals at this.

If your debt is a Canada Student Loan, then the colelctor is not allowed to "ask" or "recommend" that you borrow from a loan shark or a high risk lending institution. Nor are they permitted to direct you to borrow from one of these pay-day loan joints.

 If you want help, I am willing to protect you and solve this for ya.

 Johnny

  http://www.cfwgroup.ca - www.cfwgroup.ca

  http://www.cfwgorup.ca/forum - www.cfwgorup.ca/forum

 

 

 

 

 

 

 

 

 

  



Posted By: CBCL_Sucks
Date Posted: 28/June/2005 at 2:57pm

Originally posted by copperfrog copperfrog wrote:

What I'm asking is that if those rules are an actual law.  I was wondering if any one knew was act and subsection to find the law that says a collection agency cannot make you get another loan to payoff your debt and if they cannot call you at work.  I would like to make a formal complaint to HRDC about this company but I want to support my complaint with the laws that they broke.  Or is HRDC aware of the law concerning collection and will act against them as I do not want this to be brushed off.

I live in ontario, I saw the Alberta rules but I don't think it will apply to an ontario resident.

 

Hope this help Copperfrog... it's for Ontario

 

Originally posted by <strong>Collection Agencies Act - R.R.O. 1990, Reg. 74 Collection Agencies Act - R.R.O. 1990, Reg. 74 wrote:

Prohibited Practices and Methods in the Collection of Debts

19.2 In sections 20 and 21,

"spouse" means,

(a) a spouse as defined in section 1 of the Family Law Act , or

(b) either of two persons who live together in a conjugal relationship outside marriage. O. Reg. 42/00, s. 1; O. Reg. 299/05, s. 2.

20. No collection agency or collector shall,

(a) attempt to collect payment of a debt from a debtor unless the collection agency or the collector has notified or has attempted to notify the debtor in writing by letter addressed to the debtor's last known address that the collection agency or collector has been engaged by the creditor to act in respect of the collection of the debt;

(b) commence a legal proceeding with respect to the collection of a debt, or recommend to a creditor that a legal proceeding be commenced with respect to the collection of a debt, unless the collection agency or collector first gives notice to the debtor that the collection agency or the collector intends to commence the proceeding or recommend that a proceeding be commenced, as the case may be;

(c) directly or indirectly threaten or state an intention to proceed with any action for which the collection agency or the collector does not have lawful authority;

(d) make telephone calls or personal calls of such nature or with such frequency as to constitute harassment of the debtor, his or her spouse or any member of the debtor's family or household;

(e) make a telephone call or personal call for the purpose of demanding payment of a debt,

(i) on a Sunday, or

(ii) on a statutory holiday,

or on any other day except between the hours of 7 o'clock in the forenoon and 9 o'clock in the afternoon;

(f) give any person, directly or indirectly, by implication or otherwise, any false or misleading information that may be detrimental to a debtor, his or her spouse or any member of the debtor's family;

(g) make a demand by telephone, by personal call or by writing for payment of a debt without indicating the name of the creditor, the balance of the moneys owing and the identity and authority of the person making the demand;

(h) where a person has informed the collection agency or the collector that the person is not in fact the debtor, continue to communicate with that person in respect of the collection of the debt unless the collection agency or the collector first takes all reasonable precautions to ensure that the person is in fact the debtor;

(i) commence or continue a court action in the name of the collection agency or collector for the recovery of the debt of a client unless the debt has been assigned to the collection agency or collector, as the case may be, in good faith by instrument in writing for valuable consideration and notice of such assignment has been given to the debtor; or

(j) commence a court action for the collection of the debt of a client in the name of the client unless the collection agency or collector has received express written authority from the client to commence such action. R.R.O. 1990, Reg. 74, s. 20; O. Reg. 42/00, s. 2; O. Reg. 299/05, s. 3.

21. Except for the purpose of obtaining the debtor's address or telephone number, no collection agency or collector shall contact a debtor's employer, spouse, relatives, neighbours or friends unless,

(a) the person contacted has guaranteed to pay the debt and is being contacted in respect of such guarantee;

(b) the person contacted is the employer of the debtor and the collection agency or collector is contacting the employer in respect of payments pursuant to a wage assignment or an order or judgment made by a court in favour of the collection agency or of a creditor who is a client of the collection agency; or

(c) the person contacted is the employer of the debtor and the collection agency or collector is contacting the employer for the purpose of verifying the employment of the debtor. R.R.O. 1990, Reg. 74, s. 21; O. Reg. 42/00, s. 3; O. Reg. 299/05, s. 4.

 

Full document can be found here

 

http://www.e-laws.gov.on.ca:81/ISYSquery/IRLF1BA.tmp/1/doc - http://www.e-laws.gov.on.ca:81/ISYSquery/IRLF1BA.tmp/1/doc



Posted By: copperfrog
Date Posted: 03/August/2005 at 3:33am
Thanks a lot for your help in this matter


Posted By: bruticus75
Date Posted: 07/September/2006 at 12:30am
Originally posted by AmyR AmyR wrote:

Originally posted by melistress melistress wrote:

Hi guys!

Well, I had had enough and of course the student debt is in fact legitimate so to deal with my husband's collectors we did the following:

WITHOUT filling out any income report of any kind we managed to talk to the first available agent and get an address (which they wouldn't even give us before) and a file number (also not given to us) as well as who the cheques could be written to.  They had been demanding the whole amount (same song and dance as everyone else) and they threatened to sue us on a daily basis.  Anywho, we sent them a letter telling them that they are no longer to call us or to insist on getting loans from elsewhere and that enclosed are several post dated cheques.  We told them also, that the deposit of these cheques would indicate acceptance of these terms.  We then made out cheques in an amount we could afford (our amount...not theirs) and sent it to them registered mail. 

We haven't heard from them since and the cheques are being cashed.  Just a suggestion for people who are acknowledging the debt.

 



I'm curious what percentage of payments would this be good for? Are you still trying to pay this loan off as fast as possible? Should I be giving more or less monthly now that my account is with collections?


Posted By: Buff
Date Posted: 11/September/2006 at 5:51am
Remember that the sooner this is paid off, the sooner it falls off your credit reports. My payments are slightly higher now than they were before my loans went to collection ($175 vs $130). My current job also pays slightly more than the job I had a few years ago, so it's not a big deal for me to pay a bit more.

Give them whatever you can, but pay for life's necessities first. Don't make yourself suffer just to pay them off.

Buff


Posted By: daanki
Date Posted: 20/September/2006 at 9:06am
Originally posted by Booya Booya wrote:

Note: it is also illegal for collection agencies to impersonate another organization, or to suggest that you borrow money from some other source to pay the debt.

Hi there,

Can you please tell me your source on this information. I have a collector that has suggested I borrow from family. This is a non SL however, but I'm wondering if this is a provincial licensing rule or an HRDC rule. I'm in Alberta if that matters.

Booya



Posted By: digster123
Date Posted: 24/September/2006 at 6:29am

 

Hi everyone, I am wondering if anyone out there can help me. I've read through the forums and I seem to get conflicting information. I'd really like to know what my rights are in regards to collection agencies. And can they take any type of action against you? So just a low down. I have a CSL that went to a collection agency. I had gone bankrupt years ago so I wasn't bothered for a while. Now rightly so I should start making payments and want to. The only thing in dispute is the amount. So when they started contacting me they wanted a financial questionnaire filled out because I couldn't make the 3 % payments. They didn't want to accept any payment other than 3 % until I filled out the forms. So I complied. As I have been self employed for the last 6 months. I spend a lot of time filling out the forms forecasting my income and expenses based on my previous six months track record. Each time I fill the forms they say the information isn't enough. Next they wanted proof of income. Which is really hard when your self employed because I'm not an accountant and don't exactly know how much taxes I will have to pay, what I can and can't write off etc until the end of the year. I put aside 40% of my gross income to be safe that I have enough at tax time and hopefully I won't owe revenue canada that amount. Then they wanted proof of wife’s income. Then proof that I was making payments on my credit card and proof my wife was paying of her own personal loan. I submitted those. When I submitted my income proof. It had gone up slightly since I filled out my original questionnaire which was done 2 months previous. They said I was misleading them. I said I was being honest where I am at today as my income changes up and down depending on my business and expenses and I don't appreciate the suggestion of anything otherwise as my goal is to start payment of this debt. After that call I had mailed a letter that I wanted all future communication documented so I would no longer respond to phone calls and they could mail me. As there phone calls and information requests are taking significant time away from me building my business and therefore my ability to pay you. I then mailed out six post dated checks which where based on my ability to pay with the info I Had sent them (which I felt was more than acceptable). They have cashed the checks but sent a letter a letter saying I need to make up the balance to 3 % and send them household expenses(I've already sent the them rent receipts - what do they want grocery receipts? who the hell keeps those) and previous income tax returns for the last 3 years. My income was diddly squat the last 3 years it would probably help my case but why do they need this? Revenue Canada knows this info.

I haven't responded yet to there last letter. Do they have the right to keep requesting personal information? I filled out the questionnaires they wanted previously and every time I give them info they keep wanting more. At what point does it end? I don't want to keep providing them with personal info without knowing my rights. I have spent precious hours, days, weekends collecting and calculating info. This is getting ridiculous. And it is affecting my business. And therefore my income.

Am I obligated legally to keep providing personal info?

Can they take legal action against me if I don't?

Can they request my spouse’s info?

Can they Check your Credit without your permission they did 2 hits on my credit report in a one week period?

Just Because you can't pay the 3% can't they accept a lower payment plan that is resonable without demanding more personal information. A financial questionarre is one thing but when does it end?

 

I called Canada Student Loan Department and they said that the collection agency  can't sue me. But It sounded like I was talking to someone that didn't really know. They also said that they should accept lower payments because what I could offer would pay of my debt in 5 years. And that would have been more than acceptable with the CSL department. Considering some loans can be payed out over a 10 year period. Is this a loan with the Mafia or the government? Somebody please tell me.

What do I do from here? I don't even feel like paying them more because they are pissing me off so much.

PS. I also recently got a letter in the mail with no return info of who it is from just a note that I should call a 1-888-number in regards to an urgent matter. I know it is from them? Should I respond if they can’t even say who it is from? Is this another fear tactic?



Posted By: SolveStudentDebt
Date Posted: 24/September/2006 at 7:35am
It is not illegal for a collector to suggest that you borrow money to consolidate a debt. The CSLP forbids the action of a collector demanding that of a student loan client IF it will cause the client discomfort and hardhsip of any kind.

It is against the laws that govrn collectors and agences to impersonate anyone or any organization other than who they really are, and the agency they work for. This is written in each Provincial Collection Agencies' Act. It is a universal rule that applies to every agency in Canada, and even the USA.

Johnny

www.cfwgroup.ca[/URL]

-------------
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: Debt_Fighter
Date Posted: 01/October/2006 at 12:21pm

   I am so glad I found this website, honestly I thought I was alone with this problem, I had no idea how many people out there are going through the same thing.  I was very inexperienced with the whole system, and waited for someone to send me something or to call me so I could pay back my loan, the Ontario portion went into default, to....Equifax.....I was brutally harassed, screamed at, and this is while I was paying monthly payments on time. I made the mistake of asking them to leave me alone because I had just had a baby, not good, they used this as an opportunity to call me more often and later at night to upset me. When I told them I was paying, they said they didn't care, and to pay it all in full right now. Unbelievable. They called me two or three times everyday, asking me the names of my children, etc. (While I'm paying!) I tried being nice, hanging up, swearing, you name it, they would just pass me off to the next one. They would threaten to not cash my cheques (does this make any sense to you?) A couple of different months they did refuse to cash a cheque until the next month, and my interest is at 9% so I guess it's a little extra for them. Finally 9 months ago, I wrote a letter and told them I am recording all future phone calls, that was it.......no more calls. It is a nightmare, but I do have hope that one day I will have good credit......at least I'm not alone......Christy



Posted By: persecuted
Date Posted: 30/November/2006 at 7:32pm
Collection agencies break every law in the book, they scream and yell and bully people every way they can. Dont be fooled by any of the softer comments about them here. They are all a pack of lunatic abusive savages, as I have found from a certain Allied Credit Co. I have experienced years of this, while struggling with years of unemployment, and underemployment, having a situation that has never been dependable enough and never stable enough to make payments. I have  been homeless, I have been treated for depression. I have moved around endlessly. My life is indefinitely in limbo.

The truth is there is noone who oversees the daily conduct of psychotic collection agents. And if they break the law in dealing with you, than you owe them nothing. The plain fact is that the Government of Canada is paying these companies to harrass and persecute every student loan debtor they can. How many thousands upon thousands upon thousands of people are there in Canada in this situation? The pain and suffering visited upon them is surely greater, in real dollars, than the amounts owed. It is time for the government to admit fault in its role in debt collections and forefit all that is due to them, and leave all of us alone. 




-------------
I would like to remain anonymous.


Posted By: steve88
Date Posted: 02/December/2006 at 3:54pm

Found your forum...wish I had found it sooner.

I am currently dealing with NCO in Edmonton with regards to my student loans.  I have been paying $86 every two weeks (helps me better manage my paycheque every 2 weeks).  The account started around 2400, and I have been making arrangements with them for a year now. 

I guess I have made the mistake in that I allow them to take out the money from my account electronically.  I guess I'm just to lazy to write and mail cheques.  I've also given them "my" financial questionnaire.  Actually, I've just made up numbers telling them I make this, and have to pay this and that, usually leaving me with about an extra $100 per month for debt payments.  So they called me a couple of weeks ago and asked me to do another questionnaire, which I did again (with my made up numbers), and told me that my balance is $800.  I said that's fine, just continue with my bi-weekly payments.  That will bring it down to zero in about 6-7 months (counting interest).  They said they have been informed by their client to collect the whole amount.  Their client I assume is the Alberta Government.  I told them that I've been making payments faithfully for the last year.  I have not missed a payment, nor had one returned NSF.  There should be no reason for anyone demanding that I pay the amount in full now.  I told them again, I just want to continue the way I have for the last year.  Keep in mind that this is the first agent there I have dealt with that was actually demanding.  Everyone else has been pretty nice, which is really surprising.  Anyways, he said he would check and get back to me the next day.  2 weeks later and still no contact. So I start thinking, maybe they'll ignore me for a month, then call me one day telling me that I've missed 2 payments, and now they can claim the full amount from me.  So the scheduled day in which the payment is supposed to be taken from my account (of note, they have never taken more than the agreed upon amount from my account) comes and goes with out a call nor any amount debited.  So it begins my nightmare.  Anyone have this happen with them?  I just left a message with their office, and will try again Monday.  I have gotten my life back together by dealing with them in a neat manner (I declared bankruptcy a couple of years ago, as my non student debt had finally caught up to me). Now I am debt free, except for the student stuff, living on a break even or positive cash budget.  I don't want this crap coming back and making my life crap again.  Any one have any advice?

 

Thanks!



Posted By: administrator
Date Posted: 03/December/2006 at 4:11am
I've seen this around this time of year... they try to force extra payments out of you so they can make their year end numbers look good and get a xmas bonus...

Mark

-------------
Administrator
Mark OMeara
Author of Let Go and Heal: Recovery from Emotional Pain
https://LaughSingWrite.com - http://bit.ly/heal2024


Posted By: Aelwyn
Date Posted: 03/January/2007 at 11:19am
I am currently dealing with NCO in Ontario, and they actually were quite nice!  I never sent them the financial questionnaire, and when I called to make payments the girl said "Is $175 okay?" I told her "I've been dealing with a debilitating illness, and been missing work, but I can swing $100."   And she was okay with that.  I guess I lucked out!

Of course, at this point NCO is NOT acting on behalf of Royal Bank, but they have my whole loan to collect for now.

I'm also dealing with Allied Consultants (International).  They kept calling my apartment (I don't live there anymore---I stay at my boyfriend's place because it is closer to work, and also because of my illness, but my roommate is still at my apartment, and I still pay rent there).  My roommate told them last time to send me a letter (since I haven't received anything), and the person she spoke to was really rude.

So I called them back this evening, and some guy answered the phone.  He said "Royal Bank wants $200 a month".  I told him, my meds cost about that, so no, they won't get that.  Then it clicked--The Royal Bank?  So it wasn't actually in collections yet?

So I said to him "Oh--you're acting on behalf of Royal Bank?  Well, I'll just wait until it goes fully into collections then, since I'm finding NCO easier to work with."

The guy yells "Well don't waste my time then!" and slams the phone down.

LOL.  I love toying with them.


Posted By: fedupmammaof3
Date Posted: 31/January/2007 at 1:39am
Hello everyone,
I am new to this site and have been reading diligently through all of the posts. I currently am dealing with NCO over both mine and my husbands Student Loans. We are both in our late 20's and have been making small payments to both accounts since they were sent to the collection agency. They call at least twice a week for both of us, we get all the regular harrassment telling us to get loans from somewhere else, borrow the money from family etc. I do have several questions though,
1. Am I under any kind of obligation to fill out their ridiculous financial questionairres?
2. I am in NB, is it legal for them to contact me after 9PM at night? If not what do I do about it?
3. Many times they have offered me settlement  offers, however  different agents give me different amounts. Do they get paid commisions on what they collect? Is this what drives them to be such jerks? What is a good settlement offer? Do they have some kind of formula for calculating these offers?
Any help is much appreciated. Thanks
 



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