Hi,
I am a newbie and pretty much just need to state my case. I am open to any feedback or suggestions from others.
Basically I have been receiving harrassing and threatening contacts from an individual at canadian Bonded Credit Limited related to a student loan I incurred in 1996. I don't dispute that I had the loan and am willing to work it out however, all documentation I can retrieve says the debt is paid. Here is the scoop:
Historical chronology of Canada Student Loan/Ontario Student Assistance Program and current involvement of Canadian Bonded Credit Limited
May 1995 – retired (in receipt of annuity) from Canadian Armed Forces after 23 years service to pursue second career,
Jun/Jul 1995 - moved from British Columbia to St. Catharines Ontario
Sep 1995 - commenced two year program (Human Services Counsellor Diploma) at George Brown College in Toronto
- financed first year of school through retirement benefits and part time employment ( 2jobs)
May 1996 – completed first year
- applied for OSAP for second year tuition and books
- worked full time for summer months in addition to continuing 2 part time jobs
Sep 1996 – commenced second year
- continued 2 part time jobs
- received OSAP divided between provincial and federal totaling approx $8500 (exact amounts are uncertain as documentation has been lost) with CIBC
May 1997 – graduated program (4.0 GPA)
- began concentrated job search
- continued 2 part time jobs
Jul 1997 – unable to find full time employment in field and unable to support family (4 children age 13 – 17)
- moved to Nova Scotia in pursuit of full time employment
- financed move through retirement savings
Aug 1997 – gained full time (contract) employment
Nov 1997 – first payment on student loans – monthly total approximately $170
Dec 1997 – contract employment completed no renewal
- offered full time position at agency in St Catharines Ontario (previously completed student placement at this agency)
- evaluated pros/cons of return to Ontario (family/financial/career)
Jan 1998 – return to Ontario to take full time position
- financed move through retirement savings ( now depleted)
Jul 1998 – purchased home (previously renting)
Feb 1999 – prepared income tax for taxation year 1998 – amount owing between self and spouse over $12000 due to employment income, pension (minimal tax withheld) and RRSP withdrawals to finance moves to NS and return
Mar 1999 – sought financial advice related to debt load and resolution (Credit Counselling of Regional Niagara – recommended bankruptcy, PriceWaterhouse - recommended consumer proposal but extremely high ‘management’ fees, Herpers Chagani Gowling- recommended consumer proposal and rates were realistic)
Apr 1999 – filed consumer Proposal with District of Hamilton Division no. 7
- Student loans identified as $4336.00 (******15) and $3020.00 (******16) with CIBC National Student Centre
- Financial statement showing a surplus of $838.00/month and proposal defining payment of $700.00/month for 48 months
Jun 1999 – received notification of acceptance of proposal by creditors and approval by court
- commenced payment of proposal by post dated cheque (one year at a time) effective April 1999
- advised of survivability of student loans but cautioned against making payment during life of proposal because of possible adverse impact of debt payment outside proposal. In fact loan of $3020.00 was accepted in proposal and payments were made to this loan via the proposal.
- Cautioned against incurring any new debt during the life of the proposal
***note*** From Mar 99 until Jul 2000 we were in a battle with Revenue Canada about the outstanding taxes despite approximately 8 faxes, 20 phone calls and 4 interventions by our trustee. This was finally resolved once the first dividend (proposal) was processed by the ‘FEDERAL’ system and to date our relationship with them is stellar.
Apr 2003 – received Certificate of Full Performance of Consumer Proposal
May/Jun 2004 – notified by parents that they had received a call from someone related to my student loans (they are not a guarantor of the loans and were identified on the OSAP application as a matter of ‘form’ against my wishes. I was 40 years old when I applied and did not feel it was necessary to name my parents in the application ( including all contact information)
****note**** since completing the consumer proposal we have kept a very close eye on our credit reports from both Equifax and TransUnion getting updates at least every 6 months
proposal items were indicated as “included in proposal” and all pertinent information regarding the trustee was identified.
most recent reports dated TransUnion - Mar 28 2005 - Installment Paid As Agreed
Equifax - Mar 4 2005 - Paid through consolidation order or similar agreement Settlement Made No Payments Late
This report also identifies inquiries by CBCL on 2005-01-10 and 2005-03-04
Jan 2005 – received first contact from Canadian Bonded Credit Limited (Ms. Leca). She identified herself as a representative of CBCL and that she was calling in regards to a debt that had been placed with them from CIBC. I requested further details of the debt and she was reluctant to provide the information saying that it was my debt and I already had all the information. The call was cordial for the most part but unfruitful in the definition of the account in question.
- approximately three days later I received another call from Ms. Leca during which she identified the loan number of one of my student loans (******15) and said the outstanding balance was $6083.39. She said it needed to be paid immediately. When I told her I was not in a position to do that she told me, not suggested – ‘told’ – to borrow the money from my family or friends. I told her I would not do that and the conversation began to get nasty. She claimed I was trying to avoid her and shirk my responsibility. Near the end of the conversation she stated that she could accept payments – a minimum of 3% of balance or $182.50 per month and they would have to be in the form of post dated cheques and must be received by her within 72 hours. I told her I would have to evaluate it and determine if it was possible. She said “ You do that!” and hung up.
- I attempted to contact her over the next couple of days only to get her voicemail and no return calls.
- She called back about a week later and began immediately with the attempts to intimidate and shame me. I told her I was willing to forward 6 post dated cheques ( dated for the end of the month) and requested the details of who to make them out to and where to send them. I also requested documentation related to this agreement and she began to avoid the issue. I said I wanted proof of the amount owing and a statement of payments. She agreed to provide documentation and said it would be mailed. I forwarded the cheques in good faith but never received the documentation.
Third week Jan 2005 – last week Apr 2005 - I attempted to contact Ms. Leca at least once every two weeks only to get her voice mail again. Every time I called I reiterated my request for documentation. I received no response but the cheques were being cashed.
End Apr 2005 – I called Ms Leca and left another voice mail message stating that if I did not receive the requested documentation or hear from her by the 29th I would be placing a stop payment on all further cheques and making no further payments until such time as I did receive the documentation.
No surprise here – I never heard from her or received any documentation. I stopped payment on the two remaining cheques ( wasn’t quick enough to stop the one for end April)
Approx 25 may 2005 I received a Past Due Notice in the mail from CBCL identifying the balance on this account to be $5476.39 when in fact it should have been $5353.39 based on the original balance provided and the four payments of $182.50 that had been cashed. There is a statement at the bottom of this notice that is
“If you are unable to comply with this request and wish to discuss your account, please contact our office within ten (10) days of the date of this letter.”
The notice has Ms. Leca’s name typed at the bottom.
I attempted to contact her the next day and received her voice mail again.
There was no further contact until about 10 days ago. This time it was a new individual, the only name I have ever gotten from him is Michael. His manner was abusive from the start. Virtually everything he said was an attempt to intimidate and shame me. I am normally pretty good at detaching from such things but he was something else. His yelling and threats or court action got my goat. I tried to tell him that I had requested information and he refused to listen, saying ‘ you didn’t and we’re not getting into that now’. He also told me to borrow from my parents, family or friends and made a comment to the effect that a real man would do what was necessary. So I did. I thanked him for calling and hung up. He immediately called back saying “Did that feel good?” I said yes and hung up again. He called repeatedly four times only allowing enough time for the answering machine to switch off before calling again. He left no message. Over the next three days he called at least 4 times a day morning (8am) and evening (6-7pm). I did not answer any of his calls but he did leave messages threatening court action and attempts to shame or intimidate.
We attempted to screen/monitor our phone through bell Canada’s Call Screen only to find out that he was using a cell phone and they can’t be ‘trapped’ by Call Screen. During this interim my son inadvertently answered a call only to be subjected to this individual’s abuse and threats. My son politely said goodbye and hung up. The next morning he called my cell phone and left a message threatening legal action and seizure of the property owned by my wife and I. I still have this message and will be keeping it until this is resolved. The next day this individual called from a different number that shows as ‘unknown name’ and does not activate the special ring tone for long distance calls. My daughter answered the phone and he politely asked to speak with me. I was not at home so she asked who was calling and if there was a message. He then began yelling at her about me being at home and she should just put me on the phone. When she restated that I was not home and asked if she could take a message he continued yelling and then hung up.
Yesterday morning he called my home phone and left a message relating to the call my daughter answered, attempting to shame me by asking how I could have my ‘kids’ screen my calls and reiterated his threat about legal action. This morning I received a voicemail on my cell phone stating that he had emailed his lawyer recommending that a judgement be placed against me to seize my company ( sorry but it is incorporated) and my house. I will keep this message too!!
I have sent a registered letter to CBCL with a copy to HRDC Collection Services stating my concerns about this account and lodging a complaint related to the behaviour of this individual.
I wait with baited breath the next experience in this ordeal. At least the people at Revenue Canada were polite and worked with us to resolve the matter. Thanks for listening.
Consumer Proposal / CBCL harassment
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