Print Page | Close Window

EOS CLAIMS IN ONTARIO-VALIDATING OLD STUDENT LOANS

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: http://www.canadastudentdebt.ca/forum_posts.asp?TID=7392
Printed Date: 16/June/2019 at 2:30am
Software Version: Web Wiz Forums 11.08 - http://www.webwizforums.com


Topic: EOS CLAIMS IN ONTARIO-VALIDATING OLD STUDENT LOANS
Posted By: Maddie
Subject: EOS CLAIMS IN ONTARIO-VALIDATING OLD STUDENT LOANS
Date Posted: 10/May/2019 at 3:26am
EOS has served me with a claim for some very old student loans. I can not believe they are trying to sue me NOW, IN 2019, over student loans that go back to 1995. We had a mandatory settlement conference recently and I thought the judge would dismiss their claim...but unfortunately he said he wasn't familiar with Student Loan Legislation (really?!#), and because he couldn't decide who was right or wrong, the matter should go to trial. 

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?




Print Page | Close Window

Forum Software by Web Wiz Forums® version 11.08 - http://www.webwizforums.com
Copyright ©2001-2017 Web Wiz Ltd. - https://www.webwiz.net