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Carmh
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Topic: Claim Issued Against Me Posted: 13/March/2012 at 8:05am |
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I just received today a legal claim from the Newfoundland Student Loan Corporation against me to the Supreme Court of Newfoundland and Labrador, saying I have ten days to respond.
I have no ability to make payments on this, and no clue how to respond. I am unemployed, with many other debts to creditors and family.
The amount I'm told I am owed is in excess of $10,000, and might as well be for a million, as I have no stream of income, or even much in the way of belongings or a permanent residence.
I have no clue how to respond or deal with this, nor any idea what could be hoped to be gained from this action by them, as I have nothing that could be taken as repayment.
I've been looking into this as best I can, though the prospect of all this has me rather frazzled--to put it lightly--and I am doubtlessly missing a lot, so any help or advice would be appreciated.
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Carmh
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Posted: 13/March/2012 at 8:59am |
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As a note, I am beyond the seven year period to be able to claim bankruptcy against my student loans, but it had not been something I'd done. This however, makes me think that perhaps I was mistaken not to pursue that avenue and before this came up.
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SolveStudentDebt
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Joined: 05/November/2003
Location: Canada
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Posted: 13/March/2012 at 9:55am |
This could be prompted because of a limitation issue or simply a routine assessment. In any event, you are being called to acknowledge it. If bankruptcy is what you want to do then it is a $2000.00 investment, but you do have to claim all your other debts (except with family I presume).
Are you paying these other creditors you have at all or are they bad debt and written off?
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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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Carmh
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Posted: 13/March/2012 at 10:03am |
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Thank you for the response.
I have been doing my best to pay what I can, though my priority has been on paying those upon whose good will my place to stay relies on. So I have not made any payments on my student loans. All in all the debt burden I've accumulated is probably more than I could ever hope to tackle with mounting interest, though I've not wanted to accept that.
Also, to note, I looked closer, and though the last time I received a Canada/Newfoundland student loan was May 2004, I had attended classes on private loans as late as May 2006. I have read that it only matters when I last got a loan, but was told by another source locally that I should go by last time I attended class.
Thanks again for any advice or information that might help me. It was never my intention to cheat anyone I owed out of money, but a series of financial and health problems have made my situation increasingly worse.
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administrator
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Posted: 13/March/2012 at 11:51am |
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There are some things to consider.... has it been 6 years since you acknolwedged the debt? The loans might be stats barred at this time, or approaching that time limit.... hence the notice...
You may want to read up on the 'stats barred' forum.... if the loan is not stats barred, bankruptcy might be a way to deal with it, but there are consequences. John and I disagree abit on that option, but we do agree it should only be a last resort. I suggest you talk to Johnny about whether the loans are stats barred.
BTW, some of the case law has ruled that it would be from when you last attended school from education funded by Canada Student Loans.... Other cases were that people stopped going to school/graduated... then started a new program with their own funding.... so more research into the actual cases might be needed to compare your case.
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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Carmh
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Posted: 13/March/2012 at 12:50pm |
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Thanks for the info!
I've looked into it a bit.
And no, I have had no interactions regarding either of my student loans (federal or provincial) since February 2006 at the latest--which would've been the last time I might've applied for interest relief. I did not consolidate them or have any further dealings with them since then when the phonecalls they made to me were insulting, threatening and terribly hostile. Accepting this notice of legal action was my first interaction with them since then.
Reading over the site as you suggested, I see that it can count as an acknowledgement of debt if my loan was sold to another party. So I suppose I would need to pay for professional legal help to find out for sure?
Up until now my response has been to ignore the student loan agents as they were rather hostile and threatening, and I had no ability to pay them so it served no purpose to let them harangue me.
Thank you both for the responses so far. I have little financial wiggle room so I'm doing my best to wrap my head around this mess before making any decisions.
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Carmh
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Posted: 13/March/2012 at 1:31pm |
To add:
Just to evaluate my options, I spoke to a Bankruptcy trustee group here, Janes and Noseworthy, and the gentleman I spoke with was pleasant and informative. He told me of the $1500 cost, then warned me that though the wait period of seven years might be from when I last received a loan, I should wait until it was seven years until I was last in school. He also told me that since I had no income for them to claim, I had no reason to rush into it or worry. He gave me a number to call about checking for the activity on my loan, but warned me that doing so would alert my creditors and prompt them to start harassing me further. He told me to check into things, and then once I was sure of the time since I was last in class and I had decided I wanted to continue, I could make an appointment to speak with them further. After seeing the warnings about many such people who try to exploit peoples fears and rush them into declaring bankruptcy, this seemed a positive experience. I'm not in a rush to make any decisions, and though the legal papers were frightening at first, I'm trying my best to piece together what should be my best move before responding--or if I should respond. Since my provincial loan is still in the hands of the Newfoundland Department of Advanced Education and Skills: Student Loan Corporation, this legal work was intended to prod me into acknowledging the debt before the 6 year period was completely up (if indeed it isn't already). Thanks again, I'm very glad to see a place like this exists to help those lost in this confusing mess of student loan troubles.
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administrator
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Posted: 13/March/2012 at 6:41pm |
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I would recommend contacting John Leblanc at CFWGroup to investigate the stats barred issue....
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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Carmh
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Posted: 14/March/2012 at 12:41am |
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I'll do just that, thank you.
And I apologize for posting this threat to the wrong forums. In my hurry to try and seek help I didn't realize I had moved from the "I'm being sued!" forum.
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Radagast
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Posted: 14/March/2012 at 2:07am |
Johnny wrote:
If bankruptcy is what you want to do then it is a $2000.00 investment, but you do have to claim all your other debts (except with family I presume). |
I don't know about out East, but I know for a fact that some relatives of mine had a bit of a messy situation due to family loans being required to be included in a bankruptcy in Ontario. That was in the 90s but I don't imagine they've removed that requirement. It's certainly worth finding out for sure beforehand.
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SolveStudentDebt
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Posted: 14/March/2012 at 10:36am |
Good point. I don't administer bankruptcy.  I just help people clean up the huge mess it leaves behind in cases where these assignments were not the right choice.
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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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Carmh
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Posted: 15/March/2012 at 1:59am |
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My main concern is for not causing trouble to those close to me, so noted. : )
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SolveStudentDebt
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Posted: 15/March/2012 at 4:26am |
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That is a very valid concern for a lot of people who are in debt to the system. This broken system does feel that if one person owes a student loan then anyone that marries or resides with the borrower in a common law manner is equally responsible. That, people, is a VERY broken system.
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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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