Claim delivered by bailiff
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Printed Date: 19/April/2024 at 7:31am
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Topic: Claim delivered by bailiff
Posted By: moonshadow48
Subject: Claim delivered by bailiff
Date Posted: 23/November/2009 at 4:14am
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I took out guaranteed provincial student loans from RBC and upon being unable to pay the debt, they reverted back to THE MINISTERE DE L'EDUCATION, DU LOISIR ET DU SPORT. I graduated in 1995. I believe the last contact I had with them was in 2003 or 2004. I didn't hear from them again until this year. I received a registered letter which I signed for stating that I was to pay back the loan immediately and if I didn't it would be sent to collections...I did not reply. Today, a bailiff handed me a letter stating that they were appointed by the Ministere de l'Education to collect the amount due. If I do not comply within 15 days, they state that legal action will be taken against me. I wanted to know if by signing for the registered letter and accepting the letter from the bailiff constitutes my acknowledgment of the debt? Also, I would like to know how to go about finding out if I am stats barred. Thanks for any advice or information you can give! |
Replies:
Posted By: moonshadow48
Date Posted: 25/November/2009 at 12:45am
| Anybody? I've tried searching the forums but am still confused about a lot of this. I could really use some help. |
Posted By: Iknowalotofstuff
Date Posted: 25/November/2009 at 3:56am
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Federal Student Loans are granted under the Canada Student Loan Act and the Student Financial Assistance Act. Go online and read the final sections of each act and you will find out what the limitations are regarding a student loan becoming statute barred. Each province has legislation regarding provincial student loans. Find that legislation and read it to find out what limitation period apply in your province. ------------- wlb |
Posted By: mr.o
Date Posted: 25/November/2009 at 9:45am
| I started to reply to this a couple days ago,reread your statement and quit. Questions tho...was it a baliff (with a license) . At first I assumed you were being sued,so if the info was being delivered to you,that is a good thing,in the fact that you will be able to appear before a judge and defend yourself,if you have a good defense. But then realized you were being threatened to be sued,which happens a lot, and sometimes never goes the distance. If a court appointed representative delivers a document to you personally, it sure has the all the indications of a court date,otherwise why bother,unless this is some stooge just to rattle you. You should clarify. |
Posted By: moonshadow48
Date Posted: 25/November/2009 at 3:11pm
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Thanks for the replies. The last contact I had with them was in 2003 or 2004. It's been 15 years since I graduated and due to life circumstances I have been unable to pay the loan back. They are now asking for over 45,000$ to be paid in full...I will never be able to pay this off. I was laid off in March of this year and my last unemployment check is next week with no signs of a job in site yet. Here is the letter that was hand delivered by a bailiff which has an official looking stamp on it that includes the words RINO RINALDI (someone's name?) CHJQ 590 and HUISSIER DE JUSTICE SIGNIFIE LE _____ here is where the guy signed with a date. I did not sign for it. Dear Ms. XXXXX, Subject: Claim regarding your student loan debt We have been appointed by our client, the Ministere de l'Education, du Loisir et du Sport, to collect the amounts due in accordance with the contract you signed, which obliges you to repay the student loan that was granted to you. You can contact the debt collection officer in charge of your file at 1-xxx-xxx-xxxx, extension xxxx (toll-free). You are hereby formally given notice that you must send us a certified cheque in the amount of $xx,xxx,xx, made payable to the Minister of Finance, within 15 days of the date of this letter. If you do not comply, legal action will be taken against you without further warning or delay. We hereby request that you act accordingly. signature FORTIN, BARIBEAU (JUSTICE - QUEBEC) ATTORNEYS FOR THE MINISTERE DE L'EDUCATION, DU LOISIR ET DU SPORT Encl. Return envelope c.c: Alain Caron ---------------------------------------------------------- I found this on the forum but it is from 2005 so am not sure if this has changed. It's been a minimum of six years since I acknowledged the loan but if what Johnny wrote below holds true it will be extended another 5 years before it becomes statue barred. I am trying to hold it together and not become anxious or fearful but it's pretty difficult. I am still recovering from the loss of my mother in October and this on top of that has me stressed to the max. So any and all help or suggestions are most welcome!
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Hello everyone,
Posted By: Iknowalotofstuff
Date Posted: 25/November/2009 at 6:42pm
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You have a $45000.00 student loan. At a nominal interest rate of 6%, the interest is $275.00 per month now. If you want the loan to go away, see a trustee about bankruptcy or a proposal. You have been out of school for 7 years. No harm in investigating if as you say you can never pay it off. ------------- wlb |
Posted By: moonshadow48
Date Posted: 26/November/2009 at 6:52am
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Thanks for the response. I've been out of school for 15 years now. I would rather not have to go bankrupt if I can avoid it. Could you explain what a proposal is? Thanks! |
Posted By: administrator
Date Posted: 26/November/2009 at 9:51am
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You might also check into whether the loan is statute barred. ------------- Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024 |
Posted By: moonshadow48
Date Posted: 26/November/2009 at 10:59am
| Thanks Mark. I'm afraid that if I try to find that out it will somehow start the clock running again if it hasn't already begun. Is there a way to do that without acknowledging the loan? |
Posted By: Iknowalotofstuff
Date Posted: 26/November/2009 at 3:02pm
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Statute barred student loans are a rarity. ------------- wlb |
Posted By: administrator
Date Posted: 26/November/2009 at 6:12pm
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with the banks and government losing info it can occur.... when they realize they are about to be stats barred, they sue. ------------- Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024 |
Posted By: moonshadow48
Date Posted: 27/November/2009 at 2:09am
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I'm figuring what happened is that they realized that the loan was going to become stats barred so that is why they are doing this now. Is there a way I can have someone else find out for me if it is stats barred or close to becoming stats barred? I don't want to reply to them or acknowledge them in any way to start the clock ticking on my own if it is close to being stats barred. Thanks for all the help! |
Posted By: administrator
Date Posted: 27/November/2009 at 6:51am
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John Leblanc at CFW Group can do this but just to be clear there are some fees involved. Website is CFWGroup.ca or 1-902-835-1210 ------------- Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024 |
Posted By: moonshadow48
Date Posted: 27/November/2009 at 9:59am
| Thank you Mark! |
Posted By: SolveStudentDebt
Date Posted: 04/December/2009 at 4:46am
Alright, let's be real. You are not speaking fact here. They are not a rarity at all. ------------- 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: moonshadow48
Date Posted: 04/December/2009 at 6:27am
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Hi John, I sent an email to you through your Website, CFWGroup.ca and also called and left a message at 1-902-835-121 on the 27th of November. Would like to find out if the loan is statute barred or not. Have not received a reply? Did I not phone the right number? |
Posted By: administrator
Date Posted: 04/December/2009 at 6:34am
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We used to have a stats barred forum on this site... its was one of the most popular forums for quite a while. The numbers are huge and not a rarity... ------------- Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024 |
Posted By: SolveStudentDebt
Date Posted: 04/December/2009 at 8:02am
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Hey Moon, I receive so many email and calls per day, you will ahve to nbe more specific. Go to the site and email from the contact us tab, and cite that you are "moonshadow" from CSD.ca. :) Johnny ------------- 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: slartibartfast
Date Posted: 07/February/2011 at 9:29am
| What exactly does 'statute barred' mean in very simple language? I am extremely inept at legalese and pretty much anything financial. |
Posted By: SolveStudentDebt
Date Posted: 09/February/2011 at 7:34am
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An injury or claim cannot be pursued after a prescribed period of time has elapsed from the date of it's occurence. Ie: Barbie could not pursue Ken for the damages he did to her pink Porche because she took too long to proceed with an action against him. He who waits for the last apple usually gets the rotten one. Johnny------------- 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: omkara
Date Posted: 02/February/2012 at 1:32pm
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Hey moonshadow whatever happened to your case? I know you sent them the two letters stating you never got proof of the debt and thus you weren't liabl but what happened after? Today's Fev 2nd 2012 and I just got that registered mail letter damn it! Lemme know pls. Thanks. |
Posted By: EWF004
Date Posted: 02/March/2012 at 1:39am
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Hey there.. I too would be very interested to find out what has happenned? I am in the same boat as you were / are? |
Posted By: SolveStudentDebt
Date Posted: 02/March/2012 at 6:01am
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You were sued? ------------- 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: EWF004
Date Posted: 02/March/2012 at 9:16am
| Sorry - i only had a threatening letter in the mail but I wanted to see how serious I should take it. |
Posted By: Nora
Date Posted: 05/March/2012 at 7:51am
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Hello, I recently got served with a lawsuit. I have been out of school for about 4 years now. I have not paid anything from my student loan of about $8300.00, $8900 interest included. I have been filling out my tax returns and they are withheld and go straight to my interest. I didn't even bother filling them out is year. I work for a janitorial company I make about $1500 a month, I have a little 2 year old. My money goes towards my rent and my daughter I barely have anything left at end of the day. I was wondering if there's anyway CSL can settle for an amount if I can come up with it. I have spoken to a collectors agent and explained at its rarely ever done but I can try. After I got the law suit, I received a call from someone I don't know if she was a lawyer or what. But she told me that I need to start making payments of $150 a month. I told her I can't afford that with the interest, I explained that I going to try seeing they I can offer a settlement. She said I can't do that and if I try writing them they will not answer and they will just transfer me to her again. I really need help please, I'm desperate I need to know if it's possible for me to offer a settlement after being sued, and how to go about doing it if I can. Please help... Nora |
Posted By: SolveStudentDebt
Date Posted: 05/March/2012 at 9:26am
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The government of Canada is basically suing as many people as they can find the3 time to. THis is becauase of the huge losses in the decade-old back log of statute barred defaults, and many that are due to become statute barred.
http://www.ottawacitizen.com/business/Tories%2Bpoised%2Bwrite%2B300M%2Bstudent%2Bloans/6244447/story.html" rel="nofollow - http://www.ottawacitizen.com/business/Tories%2Bpoised%2Bwrite%2B300M%2Bstudent%2Bloans/6244447/story.html
If you want help with this you can contact us privately. There are fees though and is not a pro bono service. If you are experiencing hardship with one or any number of circumstances ranking higher in severity then you can ask for debt reduction. The success of this is all based on the strength of your proposal. If the hardship you are experiencing has been long-term for you than there are other measures you can take. I really can't give you advice on which way to proceed because I do not know enough about you and the histroy of your hardship(s).
I specialize in this particlar area and if you want help it is certainly here for you.
Best - Johnny
------------- 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: Nora
Date Posted: 05/March/2012 at 11:06am
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Hello Jonny, I sent you a message on the web link you gave me. Nora |
Posted By: SolveStudentDebt
Date Posted: 06/March/2012 at 8:12am
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Ok. Stand by. ------------- 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: SolveStudentDebt
Date Posted: 06/March/2012 at 8:19am
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EWF - if the letter you received is from Canadqa Revenue agency and says that your file is being referred to the department of justice then it should not be ignored, nor should any notice from the govenrment. THis day and age CRA is suing everyone they can get to because of the $310 Million in limitation issues over the last ten years.
The people who are at most risk right now are those who have outstanding student loans and have not acknowledged them for at least 2 and a half - three years from the date of subrogation. They are also paying close attention to accounts that are due to become statute barred in 2012.
I started teaching (and warning) about this 3 years ago or better. Then: The time is coming. Now: The time has come. ------------- 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 |