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newgirl2012
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Topic: Ontario Student Loan from 12 Years Ago Posted: 09/October/2012 at 3:11am |
Hi Johnny,
I have been monitoring this site for the past few months and have gained a lot of insight from it – so thank you. With that said, I attended college from 1998-2000; with my last day in class being sometime in September 2000. I received both a Federal and Provincial loan which was funded through the Bank of Nova Scotia. I had applied for interest relief in 2000 which I had been approved and received monthly statements to let me know that the interest had been paid etc. Unfortunately, it’s been 12 years and I no longer have those statements. Long story short, the bank put me in arrears claiming I never even filed for interest relief and put me in collections. At the time myself and my mom and escalated this all the way to the VP of the Bank of Nova Scotia and they continued to ignore us. Then in 2003/2004, I ran a few credit reports and my Ontario Loan came up as “Paid in Full” (again, no longer have this report). I received a few calls from Collections with regards to my CSL back in 2007 and then received a package in regular mail from a law firm in Ottawa to contact them to arrange payments or go to court etc. I contacted them did a financial assessment and made monthly payments to the law firm until they sent my file back to the NLC…. This loan has since been paid off (total was $5, 500). Great!
In July 2012, I received a random phone call completely out of the blue (I have since married) at home and it caught me off guard. It was a man named James calling from ARC. I wrote down the conversation after it took place. I answered the phone, he asked for me by first name all cheery like and I said speaking; he then immediately said he was calling from ARC (that was all) and requested me to identify myself by last name and confirm my address which I declined. I informed him that I did not who he was or what he was calling about but that I certainly would not give personal information about myself to a stranger over the phone and requested that he not call my house again. He refused to tell me why he was calling other than to say he was calling on behalf of the MTCU. Again, I reiterated that I would not give him any personal information and said he could send me any correspondence by mail. He claimed to not have my address. I said that’s too bad and hung up. Then one week later I received a letter from them stating I owed $5K from my Ontario loan and demanded I pay the balance in full. I then received a phone call from James to my office. It really made me angry – I called him back and informed him that if he called my office again that I would file a lawsuit against him as he doesn’t even know who he is speaking with – I still to this day have never confirmed my name or address; I have never acknowledged the loan. We have had (2) conversations both which resulted in me saying I don’t know who they are or why they are calling and he yelled at me to get a lawyer. He continued to call and leave messages on my home phone. The last message said he would be sending me something in the mail.
On October, 5th I came home to a door knocker letting me know a letter was waiting for me to pick up at the local post office in my maiden name (I have changed my name due to marriage). Needless to say, I am not signing for this letter. What I would like to know is that the CRA has been taking my GST for the past 2-3 years and this past year they took my $1400 refund and applied it to this loan. How do I know what ARC is chasing after is even the correct amount? If CRA has been taking my GST refunds and applying it to this loan I do not owe $5K as their letter states (even with interest). What do you suggest I do? I do work FT but do not have the money to pay the balance off in full; however, I will not make any payments to a collections agency. I am hoping to make payments to a law firm if need be before anything else. The last thing I knew was that this loan was paid in full and now I am getting calls from ARC? I am just looking for next steps on who to contact etc. without setting myself up. Do you think that letter from ARC is to commence legal action for this loan? There has to be something I can do about this - can I contact MTCU?
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SolveStudentDebt
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Posted: 09/October/2012 at 7:26am |
Was the law firm that you dealt with back a few years ago Augustine Bater Polowin? If the ARC collector is citing "MTCU", it is an Ontario student loan or debt to the Ministry of Training Colleges & Universities. If the agency is not providing you with any transparency, you can contact their collection management unit in sudbury Ontario. The manager is Ben Horner (705-564-8935). The registered letter is likely just a generic collection letter sent by registered mail to get your anxiety flowing. That is their methodology. If it were an actual statement of claim they would have a process server track you down and serve it. If they are unable to locate you then they may apply to the court to perform substituted service whereas they can immediately serve someone else, usually a family member. Do you want some help with this? I can find out these details for you and remedy the problem if it is something serious. 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. solvestudentdebt.com
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newgirl2012
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Posted: 09/October/2012 at 8:07am |
Hi - yes, the law firm was Augustine. I called CRA about an hour ago to see if I could find out what the outstanding balance is for the Ontario loan; however, the agent didn't have any information on that loan but confirmed my CSL was paid off in 2011 and told me to contact the Provincial Gov.
The loan ARC is calling me about is regarding the Ministry of Training Colleges & Universities. I had a feeling the registered letter was a scare tactic on their end.
I am going to give Ben a call and hopefully find out the balance. It's very frustrating to not get any answers. I just can't settle with ARC when they refuse to give me details on why they are calling. Is there a way to settle back with the Province as opposed to ARC? I'd like to resolve this issue and not be harassed for the rest of my life.
Johnny - how much do you charge to assist with something like this?
Cheers.
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SolveStudentDebt
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Posted: 09/October/2012 at 8:35am |
This is not something that costs much at all. $50-$85.00. Won't take more than an hour.
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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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newgirl2012
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Posted: 09/October/2012 at 8:55am |
Great. That's what I like to hear. Thanks Johnny - I'll be in touch!
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SolveStudentDebt
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Posted: 10/October/2012 at 4:58am |
If you email me from the site, make sure you leave contact number (s).
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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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newgirl2012
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Posted: 10/October/2012 at 2:26pm |
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Hi - I came home to another voicemail from ARC. Once I am able to confirm the balance of this debt with the Ontario Goverment; is there any way that I can A.) get statements confirming my tax refunds have been applied to this debt and B) make monlthy payments to anyone other than ARC? I don't have the lump sum to give them and truthfully, if I did I wouldn't trust them. I must have some options on how to proceed with this - thoughts? If I call the Sudbury collections office can I try and get them to take this loan back?
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SolveStudentDebt
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Posted: 11/October/2012 at 1:46am |
The probem with that is CMU won't claw the loan back. Once it is assigned to a PCA they don't take them back. If you are going to begin a payment plan then you can always issue them checks payable to the MTCU, or for simplicity, just contact the CMU and ask them for their online payment instructions. The collection agency will still be involved and they will still earn their 18 -20% commission off of what you pay. The other thing that you might find happening is the collecvtor will start communicating with you more and more frequently in the event that they do not assess you as per the government's requirements. Scary thing to have a debt collector assess whether or not you are able to pay, let alone what you are actually able to afford. 
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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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newgirl2012
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Posted: 11/October/2012 at 3:16am |
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Interesting. If I make online payments online as you mention will ARC even know I am making payments and stop calling? I always read about people making payments and still getting bothered. There's no communication between any of the parties involved it seems. I'd like for someone to show me a document with what I owe on Gov letterhead attached to my name and SIN as opposed to ARC sending me some random letter stating what I owe. I almost what my file to be referred to commence legal action. To top it all off I received a letter out of the blue again (shocker) from a collection agency in QC called CBV? Stating I owe $17K for a BNS loan. Let me first say I haven't been in school since 1999 or at the latest Aug 2000. I also paid off my CLS. This is just ridiculous. I don't owe BNS anything - I had the Ontario loan and Federal loan. This is frustrating!
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SolveStudentDebt
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Posted: 11/October/2012 at 11:21am |
I don't know if they will or not. If you somehow make the arrangement with them then they will, unless the arrangement stops for whichever reason. They will certainly know you made payments if you do because they receive their 18-20% (or more) commission from every payment you make. If you dispute the Scotiabank student loan then you have to challenge them to provide proof of their claim. BAsed on the timeline you described though, i would be very cautious about writing to them because it will acknowledge the debt if you are not careful. If it is outstanding, and it happens to be statute barred, acknowledging the debt is just that - an admission of liability. 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. solvestudentdebt.com
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Posted: 11/October/2012 at 2:33pm |
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Just a reminder that Scotiabank was NOTORIOUS for losing loan documentation back then.... We have a forum on scotiabank at http://www.canadastudentdebt.ca/forum_topics.asp?FID=35&PN=1&title=scotia-bank-horror-stories
At one point it was reported that Scotia allegedly found an old box of loan documents and tried to collect them...
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newgirl2012
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Posted: 12/October/2012 at 3:42am |
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Scotia did lose all my loan documents back in 1999/2000 the issue was escalated and no one took any ownership. I didn't and still don't think I even owe anyhing to them dirctly as I remember specifically gettin Ontario and Federal loans which were through Scotia at the time. If you ask for questions or proof you set yourself up. If you don't you eventually set yourself up. Something is wrong with this system. It would have been nice for the Ministry to have contacted me to try and collect on said debt before sending me to collections. ARC can continue to call but as I said, I'll never issue my money to them. Are they even claiming the right balance when substantial GST and income tax refunds have been applied to this? I plan on contacting the CMU regarding the Ontario portion. Thanks for sending the above link, I'll be sure to go through the threads and hopefully get some clarity!
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newgirl2012
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Posted: 12/October/2012 at 3:57am |
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One last thing: what is the best course of action (if any) for this old Scotiabank loan that CBV sent a letter about? I got a letter for the same thing from ARC about 4 months ago. Given how old it is and know nothing about it (truthfully) can I just ignore this for the time being?
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