New Posts New Posts RSS Feed - Sued by RBC
  FAQ FAQ  Forum Search   Register Register  Login Login


Sued by RBC

 Post Reply Post Reply
Author
3Degrees View Drop Down
Newbie
Newbie


Joined: 18/March/2010
Points: 4
Post Options Post Options   Thanks (0) Thanks(0)   Quote 3Degrees Quote  Post ReplyReply Direct Link To This Post Topic: Sued by RBC
    Posted: 20/March/2010 at 10:44am

I originally posted my story in the thread on RBC Horror Stories, but things have escalated in a matter of days. My first point of contact with NCO was on February 25, 2010, and I have only spoken with them twice since that date. On all three occasions, the agent tried to bully me into paying back the loan in its entirety. I insisted that I didn't have $35,000 or the $29,000 they said they would settle for. I informed the agent that I had worked out repayment plans with both the HRSDC and NSLSC, and wished to do the same with them. She vehemently refused to even discuss the matter. As I had read on the forum the kinds of things NCO was capable of, I sent an email to the RBC Ombudsman on March 16 complaining about NCO and how they continuously refused to discuss any kind of repayment plan. I requested that RBC claw back my loan, or, at the very least, that it go on record that I have tried to negotiate a repayment plan with NCO and that any suggestion that I have been uncooperative or non-compliant is completely false. On March 17, I received a response from the Office of the Ombudsman advising me that they had forwarded my complaint to their Client Care Centre. A representative from the Client Care Centre called me that same afternoon to say that they would open a file, and I would hear from them in a day or so. I called them back the next day, and the representative who took my call said my case had yet to be assigned but that she would be happy to take it herself. She said she would review the circumstances and get back to me on Monday. This afternoon, I was served with papers! RBC is suing me because NCO Financial has convinced them that I refused to pay. Unbelievable! I know I need a lawyer, but is there anything else I should be doing at this point?

Back to Top
Sponsored Links


Back to Top
winnipeg View Drop Down
Newbie
Newbie
Avatar

Joined: 11/February/2010
Location: Manitoba
Points: 4
Post Options Post Options   Thanks (0) Thanks(0)   Quote winnipeg Quote  Post ReplyReply Direct Link To This Post Posted: 21/March/2010 at 9:00am
I would call the CFW group and talk to John.  I was also sued by NCO and with the NCO assistance I won my case.  You need the right advice.  My experience was that the Lawyers in my city were not interested in student loan cases and were also not educated in the the student loan process and laws.
 
Good luck and don't panic it will work out.  This may be the best thing that happened because now you will have some power in negotiating.
Back to Top
tdawg View Drop Down
Newbie
Newbie
Avatar

Joined: 18/August/2009
Location: vancity
Points: 28
Post Options Post Options   Thanks (0) Thanks(0)   Quote tdawg Quote  Post ReplyReply Direct Link To This Post Posted: 22/March/2010 at 4:55am
What province are you in?

And when you speak to a lawyer find out what your options are regarding our favorite phrase (the bank's least favorite) counter claim :)

Banks and collection agencies hate it when counter claims are filed. The agency usually has to pay for the banks costs on counter claims, their lawyers are expensive and sometimes both sides just agree to drop their claims against each other.
Back to Top
Fed-Up View Drop Down
Newbie
Newbie


Joined: 17/February/2010
Location: Ontario, Canada
Points: 39
Post Options Post Options   Thanks (0) Thanks(0)   Quote Fed-Up Quote  Post ReplyReply Direct Link To This Post Posted: 23/March/2010 at 2:14am
Originally posted by 3Degrees 3Degrees wrote:

 RBC is suing me because NCO Financial has convinced them that I refused to pay. Unbelievable!

Makes me wonder how good the advice of putting in a complaint where NCO is concerned with RBC really is. If RBC really is going to go by what NCO says then where is the justice in such a situation?
 
Not to take away from the OP, I am curious about something. In essence, had I not agreed to the said percentage increase and increased my payments, and NCO had denied what I was willing to give them... RBC would have attempted to sue me for non-compliance? Even though I can prove through bank statements each and every payment that hase gone out of my account to pay down the debt for the past 5 years.... RBC would believe NCO over me????
 
I concur.... Unbelievable! 
Back to Top
tdawg View Drop Down
Newbie
Newbie
Avatar

Joined: 18/August/2009
Location: vancity
Points: 28
Post Options Post Options   Thanks (0) Thanks(0)   Quote tdawg Quote  Post ReplyReply Direct Link To This Post Posted: 23/March/2010 at 4:29pm
They can sue you even if you're making payments. But they wouldn't sue someone they don't have a 'reasonable expectation' of recovering money from. Those people would be property owners and/or people with employment situations that suggest they will not change jobs in the near future.

The options for executing a judgment would need to be apparent before an agency sued a person on behalf of a bank. The judgment is just a really expensive piece of paper if they can't lien a house or garnishee a paycheck from the individual.
Back to Top
Johnny View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 05/November/2003
Location: Canada
Points: 5969
Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 24/March/2010 at 2:01am
when collectors want to use the legal system as a tool to entice you, they do have to convince the bank that you are not complying or are refusing to pay. The argument they make is easy simply because the bank will look at the notes in your file. Collectors NEVER enter notelines that reflect that you are offering smaller payments and that THEY refused. In many cases, notes don't reflect the truth. The bank simply sides with the agencies most of the time, unless there is an abundance of proof that the collector has intentially misled their client. Tell me, were you ever communicating with a guy at NCO named Justin Thibeault?
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

solvestudentdebt.com
Back to Top
Fed-Up View Drop Down
Newbie
Newbie


Joined: 17/February/2010
Location: Ontario, Canada
Points: 39
Post Options Post Options   Thanks (0) Thanks(0)   Quote Fed-Up Quote  Post ReplyReply Direct Link To This Post Posted: 24/March/2010 at 3:38am
Johnny,
 
Justin Thibeault is the supervisor I spoke to, the one who was coaching Rima. He is also THE Justin who's name is on the recent statement of payments I had received from NCO in December.
 
How is this significant? And should I call you?
 
Ummm... my apologies if Johnny's question was for 3Degrees
Back to Top
3Degrees View Drop Down
Newbie
Newbie


Joined: 18/March/2010
Points: 4
Post Options Post Options   Thanks (0) Thanks(0)   Quote 3Degrees Quote  Post ReplyReply Direct Link To This Post Posted: 28/March/2010 at 12:46pm
Several polite conversations later, and all the RBC Client Care representative could do was request that my file be turned over to another NCO representative. A hell of a lot of good that would have done. Oh, and as it turns out, I wasn't being sued by RBC, although their name is on the suit. I was being sued by NCO. I say "was" because I settled. My mother saw the kind of hell I was going through and handed over the bulk of her life's savings so that I would be released from the clutches of these vultures. The settlement was for 80% of the original debt. The one good thing is that there is an official record of the settlement because the case had already been filed in the courts. In other words, my lawyer reassures me, neither NCO nor RBC can come after me at a later date.  I still have loans with HRSDC and NSLSC, but I've worked out repayment agreements with them. It irritates the hell out of me that NCO won out. But, in the end, I paid back almost $10,000 less than what I borrowed, not to mention what I saved on interest. I just like the fact that I no longer feel nauseous every time the phone rings. I actually like the sound of my mother's voice and she's promised not to repossess the kids Smile.
Back to Top
Johnny View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 05/November/2003
Location: Canada
Points: 5969
Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 29/March/2010 at 3:54am
When they smell money somehow they use the legal system as an enticement tool rather than for the best interest of the bank or whoever it they are collecting for. Their goal is to earn their commission. They need the bank though, and ironically enough, the bank's and government's own internal collection system  and their directorate are all "buddies" with the collection agencies, and their directorate. That's a story for another time though.
 
Johnny  
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

solvestudentdebt.com
Back to Top
studentadult View Drop Down
Newbie
Newbie
Avatar

Joined: 09/February/2011
Location: Thunder Bay
Points: 3
Post Options Post Options   Thanks (0) Thanks(0)   Quote studentadult Quote  Post ReplyReply Direct Link To This Post Posted: 09/February/2011 at 1:19pm
hi, i called revenue Canada and they said i owed money for my federal portion of the student loan. so i paid it all. then at the same time i got a letter from a collection agency to pay the provincial portion so i paid it all. Both I paid in 2010

Now its 2011 and i am going to do my taxes so I wanted to know: what amount do i put in LINE 319 - Interest paid on your student loans. 

So I called the bank and asked them to help me with the number. The bank told me that I didn't pay them anything. That i still have an outstanding loan with the bank.

AHHHHHHHHHHHHHHHHH!!!  OMG!!Cry

Initially i called the bank and they told me that my loan was no longer with them and to contact the HR and SOC DEV office and Revenue Canada. 

I called the HR and SOC DEV office and they confirmed my payment and sent me a STATEMENT OF ACCOUNT which is at ZERO DOLLARS, as I'm completely paid in full.

The HR and SOC DEV office told me to call REVENUE Canada, so i did, and REVENUE Canada said my federal portion is paid and I don't owe any money.

SO WHY IS THE BANK now saying I OWE THEM MONEY!! (they will send me a statement and the balance i owe to my address) 

HELP ME!!!Shocked



Back to Top
MD1337 View Drop Down
Newbie
Newbie


Joined: 09/June/2015
Location: New Brunswick
Points: 1
Post Options Post Options   Thanks (0) Thanks(0)   Quote MD1337 Quote  Post ReplyReply Direct Link To This Post Posted: 09/June/2015 at 4:01pm
Hi, I have credit card debt, it's over 9000$ no pun intended...

I was sued by RBC in New Brunswick and they have a default judgement against me,

I am wondering what exactly they can do with this as I have no real assets, and im not quite sure but it appears this is the only province where they cannot garnish your wage, correct me if im wrong. 
Back to Top
 Post Reply Post Reply
  Share Topic   

Forum Jump Forum Permissions View Drop Down

Forum Software by Web Wiz Forums® version 12.03
Copyright ©2001-2019 Web Wiz Ltd.