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Jurisdiction and other questions

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Topic: Jurisdiction and other questions
Posted By: inwarsaw
Subject: Jurisdiction and other questions
Date 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!
 



Replies:
Posted By: Madmorrigan
Date Posted: 29/December/2009 at 5:44am
1. Yes.
2. No.
3. Fear.


Posted By: SolveStudentDebt
Date 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.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: Iknowalotofstuff
Date 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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wlb


Posted By: SolveStudentDebt
Date 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.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: Iknowalotofstuff
Date Posted: 27/January/2010 at 5:43am
You can get a judgment reaffirmed in Ontario so it is virtually forever.

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wlb


Posted By: SolveStudentDebt
Date 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.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: tried to do right
Date 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?


Posted By: inwarsaw
Date 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.


Posted By: Iknowalotofstuff
Date 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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wlb


Posted By: Iknowalotofstuff
Date 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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wlb


Posted By: SolveStudentDebt
Date 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.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: tdawg
Date 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.


Posted By: inwarsaw
Date 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?!
 
 


Posted By: SolveStudentDebt
Date 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.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: inwarsaw
Date 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! 


Posted By: SolveStudentDebt
Date 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.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: paulaffleck
Date 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


Posted By: inwarsaw
Date 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.


Posted By: SolveStudentDebt
Date 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
 


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

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: paulaffleck
Date 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




Posted By: inwarsaw
Date 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.
 


Posted By: inwarsaw
Date 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.



Posted By: inwarsaw
Date 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.


Posted By: SolveStudentDebt
Date 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.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: paulaffleck
Date 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


Posted By: inwarsaw
Date 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).


Posted By: inwarsaw
Date 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?


Posted By: SolveStudentDebt
Date 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.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: administrator
Date 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.  



-------------
Administrator
Mark OMeara
Author of Let Go and Heal: Recovery from Emotional Pain
https://LaughSingWrite.com - http://bit.ly/heal2024


Posted By: administrator
Date 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.  

-------------
Administrator
Mark OMeara
Author of Let Go and Heal: Recovery from Emotional Pain
https://LaughSingWrite.com - http://bit.ly/heal2024


Posted By: inwarsaw
Date 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.


Posted By: administrator
Date 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


-------------
Administrator
Mark OMeara
Author of Let Go and Heal: Recovery from Emotional Pain
https://LaughSingWrite.com - http://bit.ly/heal2024


Posted By: paulaffleck
Date 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.
 
 


Posted By: bigbody300
Date 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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