To date, EOS has not produce any proof/evidence that I owe these loans. I have claimed in my defence that these debts are not valid and I'm requesting that they produce the original loan contract showing my signature and exact amounts I borrowed.
Here are the facts;
-I started University in 1995 and got OSAP for 1995, 1996 & 1997.
-Due to some health issues I withdrew from school in 1998 and never graduated.
-I was unable to pay my bills and due to financial hardship filed for bankruptcy in April 1999.
-I was discharged in January 2000.
-Student loans were included in my bankruptcy documentation under "Liabilities Proven & Admitted".
-For years I never heard from any creditor stating that the student loans were still valid, pending or survived bankruptcy.
-Sometime in 2010 I got a letter from Nor-Con which stated that there were collecting the student loans for the Government and that I owed the original amounts + interest.
-I mentioned my bankruptcy and that this debt had already been dealt with and they asked me to submit proof of discharge (which I did). I never heard back from then again.
-In 2016 I noticed a Collection had been added to my credit bureaus (Equifax + TransUnion) under EOS Canada. Needless to say it was negatively affecting my credit!
-I disputed the charge in early 2017 and both EQUIFAX + TRANSUNION said they would investigate, notify EOS and give them a chance to validate the debt. They never responded and so both bureaus removed/purged it from my report.
I thought I was in the clear, until I started getting letters and phone calls from EOS, saying that I owed this debt + interest (now close to $10,000) and they would be taking me to court.
They followed through and have filed a claim against me but have yet to validate that I still owe the loans.
THE MATTER IS NOW GOING TO TRIAL AND I NEED TO PREPARE. HERE ARE MY Q'S;
-Can they win judgement against me even if they CAN NOT produce the original loan contracts? In other words, what is admissible in court as proof that these loans and the amounts that they claim I borrowed are still valid?
-Would the judge side with them since they are collecting on behalf of "The Attorney General"/Government and accept their claim without sufficient proof?