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Heartfelt issue

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Bloodaxe View Drop Down
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    Posted: 17/February/2012 at 8:26am
I'm in what might be called time for a need of healing. I was born with a heart condition - a slow heart. Because of this I had implanted my first pacemaker at the age of 9. I had my 8th pacemaker implanted less than a month ago, which has a built in defibrilator in case my heart goes to fast or stops. This last pacemaker was replaced as the previous one crapped out 2.5 years earlier than it should have. I have also been diagnosed with congestive heart failure, as well another birth orientated condition which was rediscovered  Jan. 2008. I have what is called a Congenitally Corrected Transposition of the Greater Arteries. In simpler terms, my lower right heart chamber is the doing the work the left should be doing - and vice-a-versa. My heart is enlarged and tired. This latter condition I guess is normally fixed surgically before a child hits age 6. And now, since this surgery was never done,  and at age 49, corrective surgery isn't not possible. The only way to deal with this is through a heart transplant, and I can't even get listed till I lose 50 pounds. 

I had two other student loan issues that were dealt with. One was was cancelled as I am on AISH and CPP, and I haven`t worked since March of `08, and the Canada Student loan has basically been placed in limbo and payment will not be pursued due to my health issues. These loans were from my going to school from 1998 - 2003, but a new portion (through RBC) that was forgotten has arisen since over a year ago through a collection agency called CBV.

They have started phoning me again now and I have reminded them that when they first contacted them documents with regards to my current health status had been sent to them expressing my dire situation, inability to pay and most likely my never being able to work again. They give me comments such as; `Well you were born in 1963, and things could improve - ( two of my health issues are congenital and improvement is not possible), and other similar comments.

I have told them that I am not refusing to pay, But that I am unable to pay at all. I have no car or any other assets. I have no options open to me to get any form of assistance to pay this off from family or the like. It angers me so that the other loans people I delt with made allowances due to my current health issues but CBV seemingly won`t. Any ideas for me....
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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 17/February/2012 at 3:13pm
If the loan was from 1993 -2003 or so, and you havent acknowledged the debt in writing, then the loan is likely Statute Barred - in otherwords RBC has no legal right to collect it.   You want to be careful about acknowledging the loan.  Tell CBV that the loan is stats barred and to stop calling you.  See if that works.   Read up on the stats barred forum on this site for more info.  

Keep us posted ....

Mark

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Mark O'Meara

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bloodaxe Quote  Post ReplyReply Direct Link To This Post Posted: 18/February/2012 at 8:17am
Please define; " acknowledged the debt in writing"?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 18/February/2012 at 8:12pm
I should clarify that to "acknowledge the debt" which would make a stats barred loan collectable. 

While I run the site, I admit I'm not an expert on the issues of stats barred loans.  John Leblanc at CFWGroup.ca is so you might check his website.

For more info on "statute barred loans" see this forum at

http://canadastudentdebt.ca/forum_topics.asp?FID=90&title=collection-of-old-stats-barred-loans

Either way, I think it is imoral for RBC and CBV to be trying to collect on this loan especially given your health conditions.

Keep us posted.
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Mark O'Meara

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