Ontario Canada & Collection Agency ?'s

frustratedandscared · #1 Oct 26, 2006, 09:07 PM

I live in Ontario Canada and have outstanding student loans from 1998. I am also a discharged bankrupt as of 2002...I know that the student loans are not erased by the bankruptcy. I am dealing with 2 differenct collection agency's. Due to the bankruptcy and now being seperated from my husband for almost 2 years with 3 young children at home my only income is my child support, alimony and Child Tax Credit. The collection agency contacted me last week to let me know that the "original holder of the loan" was looking at pulling it back from the collection agency, so he wanted to try to set something up. He wanted to try to either figure out a settlement (to the tune of over $10,000) or possibly a payment schedule or the third option would be for the original holder to take back the debt and take it to court. He gave me a couple of days to think about it and called me back to find out what I wanted to do...I told him that I could pay $50 per month he told me he'd get back to me. He called back today and told me that he had bad news. Not only had the original holder not even considered my request and they were requesting the file back but someone from the gentlemand office had called here yesterday and spoke with my 12yr old and asked if I was home...my son told him no so they asked him if his daddy lived here (not if his daddy was at home or here), and he said that my son said yes (actually my son told me yesterday that someone had called and asked him that and he had said "sometimes"), so he told me that I had better get a lawyer.
So my questions are:
1) Can refuse payment?
2) Can original holder pull back a file from collections after a time (approx. 6 years) and take it to court?
3) Is there a SoL?
4) Can they question/talk to my children?
5) Should I send in a financial statement and separation agreement as well as the amounts that I stated that I could pay?
I have in the past asked them to send me copies of the original loan documents because I would like to have documentation as well as I have tried to explain that yes I may owe them money but when I got my loans it was with the understanding that if I graduated with honors that my loans would be 90% forgiven....but I have been told by both the gov't and collections to go ahead and try to find information regarding that program....that it will cost me more in the long run than to pay them off

Agent99 · Oct 27, 2006, 10:21 AM

Quote:

Originally Posted by frustratedandscared

I live in Ontario Canada and have outstanding student loans from 1998. I am also a discharged bankrupt as of 2002...I know that the student loans are not erased by the bankruptcy. I am dealing with 2 differenct collection agency's. Due to the bankruptcy and now being seperated from my husband for almost 2 years with 3 young children at home my only income is my child support, alimony and Child Tax Credit. The collection agency contacted me last week to let me know that the "original holder of the loan" was looking at pulling it back from the collection agency, so he wanted to try to set something up. He wanted to try to either figure out a settlement (to the tune of over $10,000) or possibly a payment schedule or the third option would be for the original holder to take back the debt and take it to court. He gave me a couple of days to think about it and called me back to find out what I wanted to do...I told him that I could pay $50 per month he told me he'd get back to me. He called back today and told me that he had bad news. Not only had the original holder not even considered my request and they were requesting the file back but someone from the gentlemand office had called here yesterday and spoke with my 12yr old and asked if I was home...my son told him no so they asked him if his daddy lived here (not if his daddy was at home or here), and he said that my son said yes (actually my son told me yesterday that someone had called and asked him that and he had said "sometimes"), so he told me that I had better get a lawyer.
So my questions are:
1) Can refuse payment?
2) Can original holder pull back a file from collections after a time (approx. 6 years) and take it to court?
3) Is there a SoL?
4) Can they question/talk to my children?
5) Should I send in a financial statement and separation agreement as well as the amounts that I stated that I could pay?
I have in the past asked them to send me copies of the original loan documents because I would like to have documentation as well as I have tried to explain that yes I may owe them money but when I got my loans it was with the understanding that if I graduated with honors that my loans would be 90% forgiven....but I have been told by both the gov't and collections to go ahead and try to find information regarding that program....that it will cost me more in the long run than to pay them off

I read somewhere that the original debt can be given to a Collection Agency, but that collection agency CANT sign it off to a 3rd party.

Try this link: http://www.gov.on.ca/MGS/en/ConsProt/STEL02_045978.html

this one:
http://www.canadian-money-advisor.ca...-agencies.html

READ the Collections Agency Act:
http://www.e-laws.gov.on.ca/DBLaws/V...0c14_eV002.htm

Agent99 · Oct 27, 2006, 10:26 AM

PS in answer to your questions:

Send the Collection Agency a letter stating you dont want them to contact you
THEY WONT, see the links I provided above

In the rules re: your rights, it states they can only speak with you, they are not allowed to garnish your wages, nor are they allowed to threaten you
IF THEY HAVE send in a complaint and get CALL DISPLAY, do not answer your phone

DONT give them ANY personal information:
IE: financial statements, work address or phone number

They are only allowed to call you at your place of residence NOT at work
If they are calling your work tell them you have filed and are taking them to court for harassment

READ THE LINKS I PROVIDED ABOVE

GOOOOOOD LUCK!



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