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Jurisdiction and other questions

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inwarsaw View Drop Down
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    Posted: 28/December/2009 at 4:55am
Can anyone help with the following, please?
 
1. I've been sued by CIBC/Metropolitan collections.  My loans were taken in BC, but I now live in Alberta.  I am wondering if they can sue me in Alberta, for loans issued in BC?
 
2. Also, can they contact my employer and disclose to them that I owe money in excess of "X" amount?
 
3. If I have no/almost no assets, but making monthly payments, what is the point of them suing me?
 
Many thanks!
 
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Madmorrigan View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Madmorrigan Quote  Post ReplyReply Direct Link To This Post Posted: 29/December/2009 at 5:44am
1. Yes.
2. No.
3. Fear.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 30/December/2009 at 4:17am

How much do you owe? How much are you paying monthly? What range of income do you clear monthly? What does "almost" no assets mean?

Johnny  
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Iknowalotofstuff Quote  Post ReplyReply Direct Link To This Post Posted: 12/January/2010 at 11:48am
A judgment is forever.  It lurks in the shadows.  If jumps up to bite you when you least expect it.  

People sue for two basic reasons ... to get paid OR to close an account.  If you have money or will have money, they will get some of it.  If you don't have money, you might go bankrupt or make a proposal.  They close the account.

What a collection agency does not expect is for you to file a defence in order to get terns of payment consistent with your income.  Look into filing a defence that will allow you to propose terms of payment, avoid judgment and act responsibly.

Answer Johnny's questions and he will give you one perspective and then I may have another. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 27/January/2010 at 1:53am
A judgment is not forever. THere are limitations assocuiated with judgments.
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Iknowalotofstuff Quote  Post ReplyReply Direct Link To This Post Posted: 27/January/2010 at 5:43am
You can get a judgment reaffirmed in Ontario so it is virtually forever.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 27/January/2010 at 2:47pm
Yes, that is very obvious. However, the holder of the judgment does have to renew it. A limitation period applies that, WLB. A judgment will linger providing that the holder of it continually renews it.
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote tried to do right Quote  Post ReplyReply Direct Link To This Post Posted: 01/February/2010 at 6:41am

I also have issues with CIBC and Metropolitan Credit.  I have an outstanding Federal loan that was recently sent to Metropolitan, I recieved documents from CIBC from Jan 1998 to Oct 31st 2008 from what I read with the exception of 2000 and 2009 (bad years) payments requested were made. Opening bal in 1989 was $9500 at the end of 2008 it was $7632.00. Small difference as a result of intrest relief and payments of about 112.00 per month.  Metro contacted me and demanded that I pay almost 9000 to them or they would take my wages, I filled out the income verification form for them to PROVE that I did not have the money. They knew at the end of the day I had only $150.00 left from monthly salary, this did not seem to work. I was told to get the money from my work pension plan or get a loan. I flatly refused to touch my pension but tried to get a loan for which I was denied. I agreed to a 60day good faith arrangment of 250.00 byweekly but advised them that I would by then be in trouble with other creditors.  I am now close to that and do not want to be there. I am willing to pay and want to pay reasonable amounts per month but I can't seem to get anywhere. They dropped payments to $175.00 biweekly until march which is still a stretch,I was told that I have until March to fax papers to prove that I applied for a loan or they will prusue actions to take my waes. I do not want to beg from peter to pay paul, this makes no sense to me. I have tried and tried to be reasonable but am getting no where. My last converstion with the rep resulted with her hanging up on me because I asked her what part of my trying to make reasonable arrangments, my compliance to them and my situation did she not understand, she started to yell that this conversation was over and she will call in march then hung up on me.

I have all the reciepts for monies paid as it was done on line as well as reciepts from Metro as well. Where do I stand and what can I do. I was told as long as I keep paying it is unlikey that CIBC will go after my salary in court since I can prove I am paying and Metro is accepting my payments. IF they do will I have a chance to defend myself before any order is put into place?
 
The orginal person handing my case was terminated in  2009  this is the same person that called my superior leaving a message that said my name is ---- I am trying to contact --- on an urgent personal matter please have ---call. This sent panic through my work place as they thought something happened to one of my children.  Is this legal?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote inwarsaw Quote  Post ReplyReply Direct Link To This Post Posted: 06/February/2010 at 3:45pm
I owe around 22 000, have been paying around 150/mth (which I have been increasing regularly over the last number of years - from $10/mth when I wasn't working). As far as "assets",  I "own" ( ie making payments on) a late model (but basic) car (which is required, by contract, for work).  Net worth on the car.... max $5 000.  My liabilities total >$50 000 (other student loan, line of credit, car, etc)

Interestingly, I responded to their claim, and filed a defense and have been since contacted by a new MCA agent to discuss a "settlement".  

I'm wondering if I'm not better off in court. Perhaps it would be, if nothing else therapeutic to disclose their unethical practices (disclosing the "amount" I owe to my employer, contacting people outside of payroll to discuss my situation, among other unethical behaviour) to a judge.

I could probably pay a little more, but they were never willing to negotiate regular payments - demanding the full balance.  It appears that they are suddenly willing to accept payments.... interesting, very interesting.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Iknowalotofstuff Quote  Post ReplyReply Direct Link To This Post Posted: 06/February/2010 at 5:21pm
inwarsaw:
The purpose of obtaining a judgment is to use the enforcement options (garnishment, execution, etc.) that were not available in the absence of the judgment.  By filing a defence, you are potentially taking away this option.  Rather than take their chances, they now wish to settle ... something they were not prepared to do before the legal proceeding.  

I would recommend that you follow through with the court proceeding.  Have the court fix the amount of the debt, the rate of interest and the date of the payments.  Make your payments.  You do not have to have any more contact with the agency.  If your circumstances change, you can make a motion to have the arrangements amended.  The court is more flexible than the agency.

Should you proceed, it is unlikely the agency will show up.  It will be between you and the judge. Why would the agency show up to listen to you castigate them in public and end up with the same arrangement as if they did not show.  Once again this is why they want you to settle.  

Don't let them off the hook.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Iknowalotofstuff Quote  Post ReplyReply Direct Link To This Post Posted: 06/February/2010 at 6:05pm
Treid to do Right:
The intent of "Please contact me about an important personal matter" is to get a person who would not otherwise see the call as important to treat it as important.  When an agency resorts to this type of action, they usually have not been able to contact you at home.  If you do not communicate, they will try and force you to.  However unethical, it is legal ??

In Ontario, an agency may contact an employer to confirm employment or confirm whether a court process is being honored.  Calling to leave a message is a grey area.  It depends what the intent of leaving the message was.  It would be hard to prove that anything else.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 08/February/2010 at 12:23pm

Here's the drill concerning the recent increase in collection agency activity regarding CIBC student loans. Certain agencies involved in the race for higher recovery and marketshare are approaching people more aggressively. Part of this aggressive approach involves suing people, of course. Certain agencies are quick to sue those who owe larger and aged loans, which brings me to the next point.

From what I know at this point, CIBC is giving collection agencies 50% commission on older products - especially those that are statute barred. In a few recent cases I have seen and resolved, two separate agencies proceeded with legal action against people where a limitation issue is in place. For 50% commission on recoveries there will most certainly be an increase in these activities. So, for people who have CIBC student loans in default earlier than 2006, you should be on the alert.
 
If you are having problems and need help we are here for you.
 
Johnny
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote tdawg Quote  Post ReplyReply Direct Link To This Post Posted: 09/February/2010 at 5:58pm
Originally posted by inwarsaw inwarsaw wrote:

I owe around 22 000, have been paying around 150/mth (which I have been increasing regularly over the last number of years - from $10/mth when I wasn't working). As far as "assets",  I "own" ( ie making payments on) a late model (but basic) car (which is required, by contract, for work).  Net worth on the car.... max $5 000.  My liabilities total >$50 000 (other student loan, line of credit, car, etc)

Interestingly, I responded to their claim, and filed a defense and have been since contacted by a new MCA agent to discuss a "settlement".  

I'm wondering if I'm not better off in court. Perhaps it would be, if nothing else therapeutic to disclose their unethical practices (disclosing the "amount" I owe to my employer, contacting people outside of payroll to discuss my situation, among other unethical behaviour) to a judge.

I could probably pay a little more, but they were never willing to negotiate regular payments - demanding the full balance.  It appears that they are suddenly willing to accept payments.... interesting, very interesting.


Im going to guess you've been at your job for awhile now?? Probably not planning on leaving anytime soon??

Also, is this small claims or court of queen's bench?

If it is the latter, they will probably try and get a default judgment without any hearing, a defense means nothing if they file the affidavit required. It is very easy to get proof of debt (your loan docs and signatures) to prove it is owed to the bank. They don't have to prove anything other than you owe the money, not that you can pay it.

If they obtain a judgment, they're most likely going to go straight to a garnishee. Maybe a lien on the vehicle added if they want to be extra cautious.

This isn't meant to scare you, just make sure you get professional advice and ensure you're aware of how Alberta judgment recovery works.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote inwarsaw Quote  Post ReplyReply Direct Link To This Post Posted: 24/March/2010 at 4:19am
Update....
 
These a-holes at MCA do not want to go to court.  They called and said, "maybe we can avoid court and come to an agreement?"  Then they continued with, "Actually, $150/month (what I have been paying) sounds reasonable".  I told them to send me a proposal in writing and I'll consider it, as I may wish to go to court and have a judge set arrangements so as to avoid dealing with them ever again.
 
I get the "proposal", which states (paraphrasing), " So you accept to pay 150/mth.  In 6mths you'll have to fill out a financial questionnaire.  We'll send this to the courts so as to inform them of your agreement and we'll stop the suit... for now." 
 
I agreed to NOTHING.  I'm so pissed right now.  They've been dealing in bad faith from the start and I have no recourse.  How the F do you sue these mofos?!
 
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 12/July/2010 at 7:49am
Warsaw. I want you to email me. I have some serious questions for you.
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote inwarsaw Quote  Post ReplyReply Direct Link To This Post Posted: 19/July/2010 at 4:49pm
That's interesting.... I've e-mailed you and called you loads of times and you haven't gotten back to me.  You have my e-mail. You know who I am.  Why would you block my posts?  This website's a total scam! 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 20/July/2010 at 2:02am
Warsaw,
 
I receive HUNDREDS of emails per week. How can I possibly know who you are? I do not have any clients by the name of "Warsaw". I have clients in Warsaw but they are not angry and bitter! as for your post, I don't block anything. You are clearly angry because you either could not get hold of me or something. So, email me right now and I will respond to you. 
 
What is your name?
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote paulaffleck Quote  Post ReplyReply Direct Link To This Post Posted: 20/July/2010 at 9:33am
Dealing with "Warsaw" must be a pleasure.  He's rude, obnoxious, and publicly ridicules Johnny in an effort to get his way.

And on top of this, he appears to not even be a paying client.

Some people, when given a wealth of knowledge to browse at their leisure, knowing the knowledge is free, de-value the knowledge BECAUSE it is free.

People like this don't deserve to have their calls returned.

-Paul
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Post Options Post Options   Thanks (0) Thanks(0)   Quote inwarsaw Quote  Post ReplyReply Direct Link To This Post Posted: 21/July/2010 at 4:53pm
Dear Paul,
 
Did I "publicly ridicule" John? Can you please support this claim with a reference?  Do you know anything about my arrangements with CFW Group?  On what basis did you conclude I'm not a "paying client"?
 
I just wanted to share my experience and advice on a forum that claims to be for the benefit of people in student loan trouble.  My advice was to make use of a lawyer instead of CFW group.  This advice is based on my experience with both CFW and the lawyer.  Why is it that this site refuses to publish these posts, but published my reply to "Johnny's" request for contact?  It appears that this site only publishes CFW endorsements.
 
You best stay on topic and stop with the name-calling.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2010 at 12:33am
warsaw, I told you to contact me. If you are a client (pro bono or not), it seems as though you are quite angry because you could not get hold of me. You chose to go to a lawyer, which is fine. I agree with you though, if you have a problem that requires a lawyer, go see a lawyer. If you have a problem with a student loan issue lawyers do not have the experience with student loans as I/we do. You can forward the emails you claim to have sent to me and provide dates of messages you left. Otherwise, I have no clue who you are. There has been nothing brought to my attention like what you are describing by any of my associates.
 
Perhaps you should focus your energy and attention (and anger) toward the student loan issue. You want to sue them and get even with them and wreak havoc. I do not condone that sort of behavior, nor do I participate in it. I choose not to work with people who take this position. I don't waste my time with people who prefer to frustrate. There are quite a few out there I can assure you. When I don't do as they demand they kick and scream because they do not get their way with things. It is not a perfect world. I am not perfect, the system surely isn't perfect. If you do have a beef with me for whichever reason, bring it to me.   
 
If you want to attempt to discredit me or The CFW Group, join in with all the collection agencies, banks, and governments out there who share the same goal LOL. To me, you sound no different than a collector given your demeanor. I have told you to contact me so I can "see" who you are. You could be anyone for all we know. Until you do, I have nothing further to say to you and I will contact the administrator and report this nonsense.
 
Johnny
 
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

solvestudentdebt.com
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