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Urgent Question

Printed From: CanadaStudentDebt.ca
Category: Immediate Attention and Info!
Forum Name: Urgent Help needed - Post here!
Forum Description: In a student loan crisis? Post here for help! Members! Watch for posts and will help out!
URL: https://www.canadastudentdebt.ca/forum_posts.asp?TID=7341
Printed Date: 20/April/2024 at 12:42am
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Topic: Urgent Question

Posted By: stressedMom
Subject: Urgent Question
Date Posted: 25/March/2018 at 1:13pm

My son was served with papers from Superior Court of Justice for Federal Portion of his student loan (CDON) which was taken out in (fed portion) Nov 2010 and (prov. portion) May 2011. He ceased to be a full-time student Oct 31, 2011. He (my son) never did sign a consolidation agreement. The claim states that he applied for Interest Relief in May 2012 - but I don't see that documentation in the court docs. The claim also states that the Plaintiff demanded payments from the defendant but my son says he never received anything but monthly statements from ESDC. My son has never been able to secure employment in the field that he studied for (neither here nor there) Nor, has he been able to ever secure ongoing, full-time, employment (due to a past record no doubt) and has been,is, in the hole every month. He is also laid off every winter from his seasonal job. He has never made a "voluntary" payment (never had the money). CRA did take tax returns.

That said... I've done some researching and am coming up with confusing and different information. Specifically, I came across on this site: Directives regarding an agencies referral for justice policy delegated from the HRDC which states: No CSL client (assuming CSL means Canada student loan) shall be referred For justice by the PCA collector if: (I don't know what PCA is)

1. a payment has been received within 6 months prior to the referral

2. the loan is becoming stats barred within 12 months of the referral

3. all of the necessary collection letters have not been issued, and one final call to secure a payment arrangement

4. the CSL client is not gainfully employed

5. There is no documentation or substantiation of a CSL client's refusal to pay

6. A financial assessment and capacity form has been returned detailing hardship and disability; including all proof for substantiation

7. the account placement to the agency is less than 6 months old

So, my questions are:

1)Isn't his loan (federal portion) becoming stats barred (May 2018) and if so can my son be served court docs 3 months before that date?

2) Does his receiving these court docs constitute "acknowledgement" of the loan and "reset" the loan?

3) My son never received any collection letters or phone calls - his seasonal employer did however (several times) by the people trying to serve the docs.

4) Does gainfully employed include seasonal employment at minimum wage?

5) What would be considered documentation or substantiation of refusal to pay?

6) If he responds to the claim (with defense) - which I think we've already missed the 20 days because I thought it was "business days" - is THAT acknowledgement?

Sorry this is long... But I'm confused and need some answers if you can please.

Replies:

Posted By: administrator
Date Posted: 25/March/2018 at 1:39pm

There will be other answers coming, but first of all, I question the authenticity of these documents. Some collection agencies were trying to scare people by making their documents look like they came from a court. We don't have a federal Superior Court of Justice.... it might be a tactic to trick you into acknowledging the loan. Don't write anything to anybody until you get more information.

A google search reveals that the "Superior Court of Justice" is an Ontario court division not a federal court....

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

Posted By: stressedMom
Date Posted: 25/March/2018 at 2:42pm

Thanks for your reply, I look forward to your help & any advice. Might I clarify that the documents are: Ontario Superior Court of Justice - they have a small claims court "seal" on the first page (only) and there is a "claim No." again with a Hamilton small claims date stamp - they LOOK official...

Posted By: stressedMom
Date Posted: 26/March/2018 at 2:23pm

Well, I guess, since a defense has to be filed by Wed 28th,2018 and I still can't find any clear cut answers we will admit the claim and propose $10/mth for the next 87 plus years!! Awesome. Perhaps, when they "don't" agree to those terms, he can get before a judge and plead poverty for life. Thanks anyway. Sorry I couldn't wait for your answers/advice.

Posted By: administrator
Date Posted: 26/March/2018 at 3:59pm

Before you do that I suggest you contact John at CFW Group. Responding to the claim will negate your statute barred status.

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

Posted By: stressedMom
Date Posted: 26/March/2018 at 4:56pm

Would this student loan be considered statute barred? If so, how?

Are the directives regarding an agencies (PCA) referral for justice policy delegated from the HRDC the same for Her Majesty the Queen in Right of Canada as represented by the Minister of National Revenue? If yes, where can this information be found so I can refer to the directive... thanks

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