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Jurisdiction and other questions

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paulaffleck View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote paulaffleck Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2010 at 12:55am
Calling the website a "scam" ridicules all associated to it.

I guess I understand your position.  After all, how dare the administrators of a FREE website, which includes a slew of informative postings to guide the student debtor through a stressful period of indebtedness NOT post every message of every member?  

I get your concern about name-calling.  What you should do, to stop it from happening, is to stop acting rudely.  When you stop acting rudely, people magically stop calling you rude.

One final point.  I hope your lawyer is interim-billing your account, because I'm sure you want her to work for free, too.

-Paul


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inwarsaw View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote inwarsaw Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2010 at 5:14am
Paul,
Sharing an experience is not "being rude".   Sharing my experience is not even a"discrediting" act.   I did not get anyone to work for free.  CFW was paid (Yes, I can support this fact), as was my lawyer.  My case is now resolved (and not because of CFW).
 
CFW was unable to get the collection agencies to stop harassing me, going to court with a lawyer's guidance did.  That is why I recommend a lawyer.  I think that is an opinion that may benifit some that are in the same boat I was in - making it an "informative post".
 
Stop trying to intimidate me.  Your posts are empty and full of assumptions that cannot be supported, let alone supported by my posts here.
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote inwarsaw Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2010 at 5:38am

UPDATE #2

So, I forced Metropolitan to continue with the lawsuit.  We went to a "pre-trial" conference (which was done over the phone) and, as it turns out, if you're paying what you can afford, they can't do much.  My advice is, if you have been cooperative, compliant and paying what you can afford, then go to court and have the judge set and enforce a payment schedule.  Once that's done, you have them off your back for a set period (or possibly permanently).  The credit collectors don't want to go to court because it's a lot of work and expense for them and they know there is little to gain. 

The other thing to know is... even if you have a "judgement" passed against you, it's not all bad news.  Once that happens, they remove the interest rate you're currently paying and apply the "judgement" interest rate (which I think is 0.9%, or less).  Sure your credit is hooped but, if you’re in court, good chance it’s already shot anyways.  Another reason they prefer to avoid court.

 

If you're going to spend the money on someone to intervene, I recommend meeting with a lawyer.  He will relieve your anxiety and provide you with good guidance.

 

Anyways, I know how stressed I was during all this, despite having a good idea of how things "should work" (WRT court, justice, etc.).  I hope that sharing my experience brings some calm to those of you in the same boat I was in.  To quote the judge at my pre-trial conference (he said this to the Metropolitan and CIBC representatives when discussing a payment amount), "remember you can't get blood out of a stone".

 

All the best to everyone.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote inwarsaw Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2010 at 5:55am

Dear "Johnny",

I don't do well with demands and a threatning tone (eg. "I want you to contact me. I have some serious questions for you", etc).

It would appear that YOU are a site administrator as you have obviously seen the post that was not published.
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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 7:52am

This is not my site, warsaw. I asked you to contact me because I wanted to find out what caused the lawsuit. That's all. You're jumping the gun here. If you say I could not stop the collector from harrassing you that is ridiculous. However,collectors don't follow the rules and laws regardless and they do call people just to play politics. In any event, you are all fixed up you say. It is obvious you still owe the debt. Perhaps you should try to build a relationship with CIBC and get er cut down and amortize a settlement for you over time. Get your lawyer to do thast for you.  If you are advocating for attorneys that's fine.  All I wanted to do is figure out who the heck you are and see if you really are one of my clients after you went sort of postal in the one message you posted up there somewhere! Your refusal to reveal yourself to me demonstrates that you may very well not be. Come out from behind your curtain there and show yourself to me.  

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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Post Options Post Options   Thanks (0) Thanks(0)   Quote paulaffleck Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2010 at 8:32am

Wildly boasting that you're the subject of "intimidation" is truly laughable.  It's the hallmark of the thinly skinned to feign intellectual injury, as your comments ably demonstrate.

If you can't take criticism, don't level your own.
 
-Paul
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Post Options Post Options   Thanks (0) Thanks(0)   Quote inwarsaw Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2010 at 8:58am

1. I didn't say it was "your site".  I did say you are likely an administrator as you clearly read a post that was censored by this site (interestingly, it has now been published after I removed one sentence that contained an explanation for my recommendation - "Update #2"). 

2. I didn't go "sort of postal" in any post. 

3. As I said, my student loan issue is resolved.

4. I stand by my statement that CFW was paid and that the collection agencies continued to call me (at home and work), call people at work and call my employer for 3 years after hiring CFW (and yes, I can support my statements with documentation, recordings, etc.).  Eventually this culminated in a lawsuit (which, 3 years ago, I wanted to avoid - hence going to CFW).  The lawsuit turned out to be the best thing to happen for my situation.

5. You never ASKED that I contact you.  As I wrote "Paul", stop trying to intimidate me.  You're trying to bully the wrong person - that stuff doesn't work with me.  If you want me to contact you, just ask.  Like a regular, civilized person - just leave current contact information (ie. e-mail and tel).
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Post Options Post Options   Thanks (0) Thanks(0)   Quote inwarsaw Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2010 at 9:02am
Originally posted by paulaffleck paulaffleck wrote:

Wildly boasting that you're the subject of "intimidation" is truly laughable.  It's the hallmark of the thinly skinned to feign intellectual injury, as your comments ably demonstrate.

If you can't take criticism, don't level your own.
 
-Paul
 
Wow, the drama!
 
What the hell are you talking about?  Maybe you're replying to someone else's posts?
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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 11:56am
Well three years ago was three years ago. Did you expect me to represent you for three years??? I believe I did ask who you were if you go back and read. I suggested you call me, email me, and provide me with copies of the emails you say you sent, and the dates of messages you left. I am not trying to bully you.No sir/maam. I am simply trying to determine who you are and verify your story. If you are going to blame me for something and write trash then transparency is required. I am transparent here. My name is Johnny just as you read. I am quite open here.   
 
I also want the name of the collector(s) as well so I can request a history of events from the time I was involved. Call my assistant (Julie) at the toll free # if you can't get me.  Or are we going to continue playing hide and seek here?
 
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2010 at 12:31pm
Warsaw,

Let me wade in here.  Calling collectors A holes and  MF'ers is rude....  Saying that this is a scam site is an insult to me and the members.    Claiming intimidation is nonsense. 


And your statement that your post was approved after editing it is nonsense.  DO YOU THINK THAT AS A VOLUNTEER I SIT AT MY COMPUTER WAITING FOR POSTS TO APPEAR SO I CAN APPROVE THEM WITHIN SECONDS?

No.  I have to work, I have a family, and I have a life. But on top of that I take care of this site for free, paying the hosting bills etc..  Sometimes I don't have time to moderate the posts and it may take a day or two to get through them and sort out the spam.... happens every so often.    So dont imply or expect that your or anyone's posts are so important that I will drop what I'm doing and drive home from my job to take care of your sense of importance :)

Let me guess - you rarely every admit that you've made a mistake.  Your post that this is a scam site was approved. Thats transparency and openness. 

Your apology will be most welcome for suggesting this is a scam site.  

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Mark O'Meara

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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2010 at 2:23pm
BTW, there are quite a number of stories  in the history of the site where lawyers have been completely ineffective in dealing with student loans. 

Also, saying that if you're paying the minimum there's not much they can do is perhaps correct legally, but not in practice as they continue to reassign your file and you get called and harassed for more and more money.  
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Post Options Post Options   Thanks (0) Thanks(0)   Quote inwarsaw Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2010 at 2:55pm
Dear Mr. O'Meara
 
I'll agree that writing collectors are "A-holes" and "mofos" was rude.  But, those aren't the comments that precipitated the storm of indignation.  It was a post that was written by me, clearly read by "Johnny", but not "approved" by canadastudentdebt.com.  In other words it was received by "Johnny"(or he was informed of its contents).  This was not a "spam/delay in approving" problem.  The second thing is that I tried posting the same thing on 3 previous occasions - thinking it may have "fallen through the cracks".   
 
If you look at the delay between "Johnny's" demand for contact (July 12) and the previous post (March 24), it's almost 4 months!  Why is that?  Can you explain that?  I can, it is because I tried to post my "Update #2" on 3 occasions since March 24, including July 10 + 12.  July 12 is the day "Johnny" posted a demand for contact.  Is that a coincidence?
 
In other words, I know that the post was being censored. 
 
So, no I don't expect anything special from you, or this site.  All I expected was impartiality and a forum to share MY experience with others.  I thought that others may benefit from a different perspective as the vast majority of posts here recommend CFW.  Obviously, this has generated a fair bit of anger from you, "Paul" and "Johnny".  I did not express any anger with any of you - despite the ad hominems y'all showered me with.  My July 19 post was simply an expression of frustration with the selective publication of my posts. 
 
As far as never  "admitting I've made a mistake".... now you sound like a collection agency.  I've admitted to loads of mistakes and take responsibility them.  I never blamed CFW for anything.  I simply wanted to share that CFW didn't do anything FOR ME.  I wanted to share my perspective and opninion of how to deal with collectors. Full stop.  I had to most of the work myself, with the guidance of a lawyer.  Again, I stand by everything I've written.
 
As far as an appology goes, I'm not sure I can provide a sincere one at this time, so I'll hold off.
 
WRT your second post.... I never wrote anything about "paying a minimum".  I wrote that if you go to court and you're paying what you can afford AND you've shown "good faith" in your dealings with the lender, a judge will not make you pay more. A judge will not make you sell your car (assuming it is relatively modest), he will not put you in the slammer.  The hard part was getting the agency to take me to court.  They filed suit expecting to scare me into getting a loan to pay them off (made obvious by their attempt to withdraw the claim and revert to the status quo).  I didn't get scared, and made sure the judge was aware there was no settlement.  My experience was that they won't leave you alone unless you pay in full, or the court sets the parameters.  Numerous posters expressed anxiety over potential legal action, this is the reason for my post.... DO NOT BE AFRAID OF COURT (assuming you've been acting in good faith).  It is far better than the harassment.  In addition, small claims has less to do with "legality" and more to do with "the story" and what is "right", or reasonable.  The judge is supposed to be an objective 3rd party to help arrange something mutually acceptable.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 22/July/2010 at 4:42pm
If only your post above had been your first post we would have more clearly seen what you were trying to convey.  That would have been alot better.

You said you posted three times, March 24th and again  between July 10 and 12th.  There are sometimes glitches with the software. Its not perfect.  Sometimes there are hiccups, so I honestly dont know what happened there, but then you waited till July and your post was approved. 

As for the  July 10 through 12 posts, that was a weekend. Sorry for not driving from the camp site into town to check to see if there were any posts.   I'm sure John has an equally valid reason for not working on the site on the weekend. :)

You should  understand that posting on a public forum that a business or any business 'didnt do anything for me'   sounds negative and shouldnt be posted.   And then when someone defends themselves, you call my site a scam.  Do you expect people to be warm and friendly after that kind of behaviour?  

You can clearly see that under John's username that he is in the moderator group.  Its been like that here for well over a year maybe two.  But he doesn't have the ability to delete anyone else's posts.  Only I have the ability to do that.     Both of us help moderate the site, cause I simply dont have the energy having burned out from all the work I've done and health problems.  

If you come to a site and post something in a forum where you can clearly see that you are writing about a person in the moderator group, and dont understand that a moderator will be able to see your posts, then you need to take a refresher course in the use of the internet.

I appreciate your desire to share your experience and comments, but from your writing it clearly comes across that you have an axe to grind and are taking it out on Johnny in this forum behind a screen of anonymity.  

You can resolve this by contacting him and clearing up whether you were a client and whether you paid for service to continue.  If you did not pay for continuing service, then it is unreasonable for John or any business to continue to take care of your loan issues.   And if you criticize any business in a public forum it is reasonable for that business to request and perhaps even demand that you contact them to confirm and resolve the issues and to verify the information as it borders on libel.

Now back to your points regarding loans.   With regard to court cases it has been next to impossible to get any of the collection agencies to actually go to court.  You were very lucky to have gotten to court as most of us never do get that chance.  You should consider yourself lucky, and recognize that your case was a very rare exception.

If your point is 'Don't be afraid of court' that is a good point and can easily be made without other side comments.  It is a very valid point.  Unfortunately most of us cant get to court because the agency is just using that as a threat and they rarely follow through.


Mark
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paulaffleck View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote paulaffleck Quote  Post ReplyReply Direct Link To This Post Posted: 23/July/2010 at 8:02am
A non-confrontational post related to hiring a lawyer:
 
What makes hiring a lawyer a good choice is the possibility that, if he or she acts negligently, and is sued, there exists for the wronged client the possibility of financial redress, because all lawyers are required by their respective law societies to carry insurance.
 
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote bigbody300 Quote  Post ReplyReply Direct Link To This Post Posted: 30/July/2010 at 2:30pm
I would suggest getting some legal counsel before proceeding. You can get one appointed to your from the government for free consultation.
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