Steve is an inspiring and intelligent man, indeed. He is doing very well I hear.
The KCWP was considered the 11th commandment to CBC. I am sure that it still is to this day. That is one thing that was both refreshing and comforting at the HRDC level - knowing that the agency had CSL on a "Key Client Work Plan". It sounded good when it was introduced back when the electronic world took flight- and the agency got rid of accounts written up on recipe cards.
Re Class Action Suit ... Let's look at the issues at hand and discern the signs of the times....
It is no secret that in some cases collectors break the rules, as you and I both know. When rules get broken, the first obstacle is the debtor's proof. The second obstacle is credibility. The third obstacle is the notelines on the debtor's file at the agency. The fourth obstacle being the fact that it is difficult to try a case for wrong-doing by a collector unless the misconduct or action violates the letter of the law - together with all of the provincial rules (CAA)
As we touched on earlier, collectors know better than to incriminate themselves by entering notes explaining what they did when a breech in directives or law has occured. The last thing a collecotr is going to type in the notelines is,
"Called debtor at their place of employment. Spoke with debtor's employer and advised him/her that I am calling from HRSDC and notifying him/her of incoming execution order for a debt owing to the Crown. By the way, may I speak with Mr. Debtor please so we can try to work this out? "...
Unless there is physical evidence that this type or racket had occured, there is no real case. It is a case of he said - she said and it gets tossed. In the eyes of creditors, collection agencies, litigating attorneys on behalf of a lender, etc.etc.etc. have no credibility and are often described as "individuals who do not want to pay their debt". They also say that the reason they are involved is for that very reason.
Most complaints are cases of he said - she said. However, The Crown is the one group that does take complaints more seriously than any other student loan lender. They are completely protected, mind you, but they do take things more seriusly.
Prognosis:
A class action suit better contain proof of the obstruction of justice and misconduct. Saying that a collector called my neighbor and left a "detailed" message for me is not going to win a case. Prove that the law was broken and you got a winning case. Tran did.
I have physical proof that rules tend to be broken. I record every conversation I have with any offending sector on behalf of my clients.
The way to go about a class action suit is a DEMAND for change. This will apply pressure on those that govern their industry (The provincial gov.) to ensure that policy is adhered to - and that they follow the letter of the law.
Now you know why I said that the suit will involve government at some level. The recipe for success is to demand change, and force the powers that be to make it happen.
Johnny