CSL discharged in 2010 and now raised again?

Sorry to here of this....similar stories have been posted here before where the lenders ignore the bankruptcy.  In some cases, the loans were not actually discharged in a consumer proposal, or the trustee had given incorrect info, but it seems you know your stuff so that should not be the case here.

I suggest that you first contact your trustee and advise him or her that you are being harassed for loans that were discharged.  Confirm that the trustee sent the lenders notice of discharge and get it in writing from the trustee that you are absolved of these debts.  Ask the trustee for help.... it should be a fairly simple matter for the trustee to confirm with the lender that the loans are discharged.  

It has been a common practice for the collection agencies to ignore the bankruptcy and try to collect anyway.  You or the trustee needs to contact the original lender and make sure the trustee has communicated that these debts no longer exist and that they -the lender should recall the file from the collection agency. Generally speaking, dealing with the collection agencies is a waste of time.  They wont do anything other than harass you for money so they can get a commission. They have no interest in helping you....

I don't think anyone on this site has had much luck with the legal profession  when trying to deal with issues like this, however many people have had success with Johnny of CFW Group http://www.cfwgroup.ca  to deal with things like this.  At least give him a call and see what he suggests...

Let us know how things work out.....

Contacting your Trustee is a complete waste of time as he/she has been Discharged from your file and they are not interested in assisting you, especially when you request them to perform pro bono duties.  They are not permitted to charge a fee for their services once they have been Discharged from your file.  And generally speaking, they are not interested in re-opening your file with the Office of the Superintendent of Bankruptcy just to make a few telephone calls or mailings to your creditors. 

 

You will be politely told that they are unable to assist you and suggest that you seek out the services of a bankruptcy or insolvency lawyer.  Should you decide to follow their suggestion, you can expect to pay a retainer ranging anywhere from $500 to $2,000.

 

When you were discharged from bankruptcy in 2010, you received a "Certificate of Discharge"  ( Form 84 ) from your Trustee assuming that your bankruptcy was only 9 months and no one opposed the Discharge.  If anyone opposed the Discharge, including your Trustee, you would have had to appear in Bankruptcy Court before a Registrar ( fancy term for a Bankruptcy Judge ) to have your Application for Discharge heard.  If the Registrar granted your Discharge, he/she would have issued a Court Order in lieu of a "Certificate of Discharge".

 

You should also obtain a Credit Report from both Equifax and TransUnion showing your Discharge reported.  Your Discharge from Bankruptcy is reported by the Office of the Superintendent of Bankruptcy to the two credit bureaus and not by your Trustee.  Make a copy of both Credit Reports together with a copy of your "Certificate of Discharge" or "Court Order" and send them by Registered Mail to each creditor who is currently contacting you for payment of these debts.  Do not send them to any collection agency who is contacting you as they will ignore them until they receive confirmation from their creditor client to cease all further collection activity.  Should a collection agency have purchased a debt, then you will be required to send them a Registered Letter with the above-noted contents therein.

 

Once you have done this, this should stop all further contact by either a collection agency or a creditor.