have questions - need answers

I wouldn't fill it out either. I have been dealing with CBCL for over 5 years and they have sent me countless questionairres to which I have never sent in a response. Nor have they taken issue with my lack of a response. This is just my experience and CBCL's response. The response of a CA to an uncompleted questionairre may vary depending on the individual collector and/or the CA.

In my experience, as long as I send them regular, uniterrupted monthly payments, they leave me alone. They will rattle my cage when my file is transferred to another collector at CBCL, which is common practice for CA's and is usually marked by a rash of phone calls and then silence for six more months.

Here's what DH will be doing on Monday.

Dont worry he wont be touching or returning the FQ. We are not currently paying anything and dont plan to start.

DH has asked the ODSP to deposit his income to our CIBC account. This account was opened just in the last 2 years and has NEVER had any loans whatsoever deposited to it. After the next payment has gone to the new account, then we will close the RBC acct.

DH is also going to ask the Royal Bank for a copy of his SL file - everything that he can get including all letters and the interest relief.

He is also going to request up-to-date credit reports. Then we can decide what to do.

But going on everything I've read here - if we can prove that we cannot pay (and we can since DH is on ODSP and has been for the last 3 years) - then he wants his day in court to prove it.  

Havong spent a few days reading this entire board - especially the "how to deal with collection agencies" forum, I now feel so much more emplowered about dealing with them.  And yes, I have been educating DH at the same time. I tell him interesting things that I read. I am printing out info that he can read as well. But for now I want to be the screener. I want to have fun. 

If you have a debt in collection, the damage to your credit rating is already done. You may as well let them sue you. It will take many, many months, possibly years, for them to sue you and they may or may not proceed. Even it they do sue you, there is no guarantee they will get a judgement. They cannot touch your assets or garnishee your pay without first suing you and winning a judgement against you. That could take years.

This is essentially our view point as well. DH is a discahrged bankrupt. He has no credit to speak of. If the CA's want money, they can take him to court and demand the judge make us pay. We can show him however many years (by that time) worth of ODSP payment stubs.  I dont believe the CA's have a leg to stand on.

DH has said both to me and to the CA's - its not that he does not want to pay his loan back - he does want to pay it back - and had every intention of paying it back after he left college. He just cannot afford it right now.

DH cant save any money at all since he is now down to receiving between less than 800 per month. (Before I started working he was receiving $1100 per month) Thats because his income is "garnished" (for want of a better word) by ODSP because of my earnings.  I am currently saving to pay off my own immigreation debt - which has top priority.  I then plan to start saving for my own education at college.

One last question. DH's credit report still lists him as single - although we have been married for 4 years.  Are we legally required to update this info? We feel it helps hide my existence.

Cesca

I hope you get your day in court...Personally I never considered that prospect scary because I knew I could prove adminstrative incompetence.

Unfortunately, that threat was never thrown out at me, empty or otherwise. Maybe they knew I could prove it as well.

Wouldn't that be a form of civil disobedience? All of us encourage the collection agencies to take us to court? Clog up the court system with our cases? Judges hearing the same sad story over and over again?

Probably a reason why it wouldn't work though...Probably because the majority of threats are empty.

Poly