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tatta
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Topic: NORDON Posted: 12/October/2004 at 3:02pm |
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i got that nasty call from nordon. been irresponsible, travelling. obviously not up to par on my loans. can they really take my SIN number and my credit for 21 years. i have told them to go ahead and subpeona me!!!! they gave me up to an hour to get them a credit card number. what can i do now. i had offered to pay 400 a week in post dated cheques but they refused. i am not working but can start tomorrow! to get the tiny income that it will be. someone please tell me somthing!!!!!
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Islander
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Location: Indonesia
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Posted: 12/October/2004 at 3:36pm |
Ist step in the process, Tatta.
Soften you up. There isn't an agency in Canada that won't be happy to get 400 per week.
Relax, take a breath and go back through some of the threads here. It'll give you an overview of what's going on. When you have a little clearer picture of the game you've joined, ask us some specific questions or contact one of the resources available on this site.
We'll help you take care of this...it's bad, but they CANNOT do what they said they'll do and they are counting on shock/scare methods to kick loose a PIF (agency jargon for the Holy Grail of all collection calls...Payment In Full on 1st call)
You're gonna be fine. Just don't believe a thing they say on the phone, give them absolutely NO information and ask that they send you something in writing if they have your address. If they don't, tell them to prepare a letter, get a PO box and then give them that address for all correspondence. Meantime stay on this forum. We'll take you through the steps and give you all the help we can. And there's lots here.
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Alfred E Newman
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tatta
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Posted: 12/October/2004 at 3:51pm |
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thank you! let me tell you what just happened within that first post to now. this lady has called me again, just aget 8pm, after tellingme she would be leaving the office about 7:30 pm. she has called and asked "are you sure you want me to send a subpoena?" i said well if i have to go that far then i have no choice. iwent on to ask "is it true, because i am unsure of my rights right now, that my payment cannot be refused?" she went on to lecture me some more and patronize that i am am looking onlione for help and went on to tell me what kind of a downward spiral i am in and i tried to speak and she would not let me and we both tried to speak and voices were raised and i hung up on not a nice note. i could not think quickly enough to get solution that i need right away so i called the police and filed a complaint. i know there is little they can do but the calls will stop for tonight anyway. she has called at least five times since our last nasty call and even while i was on the phone with the officer she tried to beep in.......i am responsible for my irrresponsibility i understand. i want/need to finish this and that means making these payments, if i can even make payments at this point. sorry so much to read, so flustered and cannot think. i will do my best and do my homework right. thanks so much for the reassurance. i would really love to resolve this, let's try, ok? i will some guidance, pls and thx...
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momof2
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Posted: 12/October/2004 at 4:00pm |
tatta
take a deep breath and relax. listen to islander, he knows of what he speaks. nordon cannot do anything to your credit nor can they request you provide them a credit card number. if they are calling you, chances are your credit rating is already shot as you are in default on your loan. this will clear up 6 years after you pay them off ?? ( johnny will know for certain, i am guessing here) they also cannot refuse any payment you send them. just make sure to use a money order so your cash doesnt disappear without your knowledge.
do not give them a cent until you have written confirmation that they are authorized to collect anything on your outstanding loan. pay what you can afford, even if its not what they are asking for. make sure you leave yourself enough to live on.
most impotantly, read through the threads here. there is lots of information available on this site that will give you peace of mind. knowledge is power and we like power. don't let nordon intimidate you. that is what they want to do, because it gives them a sense of power which they do not really have.
hang in there. things are not as bad as they seem - especially if you can start paying them off.
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tatta
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Posted: 12/October/2004 at 4:11pm |
thanks again.. i am learning more and more from your replies and from reading these other threads. my credit is shot. i have to start here though. i can make payments this i know so i will sleep easy, thank you for that reassurance. ihave no idea where to start though, i cannot bare to deal with this lady anymore.
my SIN number, can they really freeze(don't know the jargon) it, garnishing wages to any future employment. can i save any face concerning future employment. they tell me that my employer must be informed upon hiring me that i have leins(sp).
after paying them, 6 years sounds better than 21, thanks for the info.
thank you momof2, i did not doubt islander either. please, any info is AMAZING! i have done a 180 from reading this site alone. now i wish i had not acted hastily and called the police. oh well.
this site is now my lifeline. thanks everyone.
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tatta
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Posted: 12/October/2004 at 4:14pm |
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btw. the 3rd call, before it go nasty. i DID ask for something in writing, can't remember her exact reply but she did rip me to shreads, and refused to send anything except the subpeona.
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SolveStudentDebt
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Posted: 12/October/2004 at 4:19pm |
If you are offering 400 per week, they smell money the same way a shark smells blood. Even 400 per month is attractive. First, they will feel that if you casn pay this much, you may be able to tap the bank for a loan to pay in full. Credit card transactions are not a good idea for student loan payments - or any debt payment that is in collection.
Here is something that everyone must remeber. A collection agency collecting for bank risk loans (non-guaranteed) are not able to refuse payments. It is against the act that governs their institution. They can refuse arrangements though. the difference is that they are not refusing money, rather they are refusing to accept any arrangement. Technically, an arrangment is a "promise to pay at a specific time". Banks instruct agencys to collect the full amount, not just payments.
Now, if the collection agency is collecting for Crown debt (guaranteed loans), they are required to collect payments and arrangements to repay the loans. When a collector demands payment in full of a guaranteed student, it is against HRDC policy and directives to do so, especially if a) it will cause the person further financial hardship, b) the collector is aware that it is not feasible for the person to do so for whichever reason. Ultimately, collection agencies are able to "suggest" payment in full - but not push the issue. This is actually written in the directives.
If the collection agency is collecting a provincial guaranteed loan, the same rules apply as the CSLP. The only difference is that the litigation process is different, in a sense. The province (nor the banks) does not have the same "power" to enforce as the Feds.
So ... before anyone says that there is nothing that can be done to someone by a collection agency, that is not true when it involves a non-guaranteed student loan. If there is an avenue of execution, they are required to find it and get the approval for litigation. The banks do not want anything less than payment in full. They can get away with this. If it is a CSL, the agency is powerless because they lose the file if it is sued. The Department of Justice takes the account and litigates from their location. The provincial government(s) follow the same rules in most cases.
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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tatta
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Posted: 12/October/2004 at 4:22pm |
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QUOTE:
Posted: 23/September/2004 at 12:00pm | IP Logged |
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Hello, I am living in the U.S. but have outstanding Canadian student loans. A Pauline called me at work (from her call back number I realized she's at NorDon). She says she's in the legal division and the U.S. Marshals are serving me with papers, payroll is garnishing my wages, my accounts are frozen, blah blah blah. I tried to get her to tell me her address and exactly where she's calling from - she won't tell me; only "the legal division of Royal Bank." ha ha ha. If I can't get her address, I can't write to tell her to stop calling me at work (only 2x/week, right?). The lawyer at work has offered to talk to her. Would this help? I know basically everything she has told me is untrue and some of it illegal.
UNQUOTE
pretty much the same thing happened to me, pauline too!!!!!!!!!!!!! she told me however that she was the provincial court of ontario, even put me on hold to speak with lawyers at one point. of course i thought sketchy as it was 7pm.
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tatta
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Posted: 12/October/2004 at 4:33pm |
Johnny wrote:
If you are offering 400 per week, they smell money the same way a shark smells blood. Even 400 per month is attractive. First, they will feel that if you casn pay this much, you may be able to tap the bank for a loan to pay in full. Credit card transactions are not a good idea for student loan payments - or any debt payment that is in collection.
Here is something that everyone must remeber. A collection agency collecting for bank risk loans (non-guaranteed) are not able to refuse payments. It is against the act that governs their institution. They can refuse arrangements though. the difference is that they are not refusing money, rather they are refusing to accept any arrangement. Technically, an arrangment is a "promise to pay at a specific time". Banks instruct agencys to collect the full amount, not just payments.
Now, if the collection agency is collecting for Crown debt (guaranteed loans), they are required to collect payments and arrangements to repay the loans. When a collector demands payment in full of a guaranteed student, it is against HRDC policy and directives to do so, especially if a) it will cause the person further financial hardship, b) the collector is aware that it is not feasible for the person to do so for whichever reason. Ultimately, collection agencies are able to "suggest" payment in full - but not push the issue. This is actually written in the directives.
If the collection agency is collecting a provincial guaranteed loan, the same rules apply as the CSLP. The only difference is that the litigation process is different, in a sense. The province (nor the banks) does not have the same "power" to enforce as the Feds.
So ... before anyone says that there is nothing that can be done to someone by a collection agency, that is not true when it involves a non-guaranteed student loan. If there is an avenue of execution, they are required to find it and get the approval for litigation. The banks do not want anything less than payment in full. They can get away with this. If it is a CSL, the agency is powerless because they lose the file if it is sued. The Department of Justice takes the account and litigates from their location. The provincial government(s) follow the same rules in most cases.
Johnny
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this is a federal loan. it WILL cause me financial hardship though, i will pay what i can but full payment CANNOT be made. i will uitilizesome phone numbers tomorrow to have my situation explained to me, what my options are.
sorry, here i go again. can nordon, freeze my other bank accts(how would they know them) can they tap HRDC for my SIN, contact future employers and garnish. will i actually be subpoenaed?? i am lost, sorry for the circles....
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momof2
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Posted: 12/October/2004 at 4:34pm |
tatta
if you can make payments and dont want to be harrassed, request by registered mail that all contact from nordon be through mail only.
if you really really dont want to deal with nordon at all, i suggest you email johnny above and see if he can run interference for you. he does charge a modest fee, however, his expertise in dealing with these slime are well worth it. plus he'll make sure they don't screw you over.
good luck, girl. keep us posted on your progress.
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momof2
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Posted: 12/October/2004 at 4:45pm |
tatta
are your bank accounts with the original lender ? if they are RUN to the bank ASAP and close these accounts. open a new account at a credit union IMMEDIATELY.
nordon CANNOT do anything to your bank accounts without a judgement from the courts against you. they already have your SIN from your loan forms. they cannot blanket garnish your earnings and future earnings - they would have to get a judgement each time you change employers. keep in mind how much they can garnish is a set percentage based on your province of residence. ( i think around 20% of your net pay). so take a deep breath - they can't leave you penniless.
if you have a really good job, chances are you will be summoned to appear in court. mind you, appearing in court will also give you the chance to show the judge you are willing to cooperate but are unable to meet the financial demands of nordon - and be sure to document your efforts to make payments.
i strongly suggest you call or email johnny tomorrow and let him walk you through everything. he is the resident equivalent of superman - and he will not let you down. he knows his stuff inside out and backwards, and can help you navigate these shark infested waters with ease.
good luck and try to relax.
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tatta
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Posted: 12/October/2004 at 4:54pm |
thanks "mom". my accounts are with a bank aside from the original lender so i am assuming i am ok. i will have to find johnny. i am writing a letter right now to send to nordon, i found their addy just now, i DO prefer any contact to be through mail.
thank you.
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momof2
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Posted: 12/October/2004 at 5:28pm |
call johnny BEFORE you send your letter to nordon.
902-464-8727
or email him at cfwgroup@tekcity.net
you dont eant to say something in the letter that might bite you on the rear later...
good luck
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tatta
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Posted: 12/October/2004 at 5:35pm |
momof2 wrote:
call johnny BEFORE you send your letter to nordon.
902-464-8727
or email him at cfwgroup@tekcity.net
you dont eant to say something in the letter that might bite you on the rear later...
good luck
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sure thing. thanks. my letter would only say something to this effect...
my address email amount owing that they have quoted as they had not given me reference #. telephone is convenient but i would appreciate kindly any further communication to be in writing, post or email. thank you.
short simple.
but i would definitely confir with johnny.
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Islander
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Posted: 12/October/2004 at 6:07pm |
Tatta, I wouldn't give them the amount owing. That could be considered an acknowledgement or it might used to claim that you have accepted their figures. And you don't want to accept their figures because THEY WILL LIE.
Just give them your name and request written support for their claim. INSIST that all correspondence be in writing and specifically tell them not to contact you in any other fashion.
Absolutely DO NOT give them any employment information until you get some really specific advice. They might ask for some information "to confirm that you're the right person". Don't give it to them. If they've dunned you for the dough, they're convinced they have the right person. They're threatening to sue? They must be pretty sure who you are. Ask them what information they've got.
Please understand that they are the enemy and they will destroy you if you let them. Give them absolutely NOTHING to use against you.
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What? Me, worry?
Alfred E Newman
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tatta
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Posted: 12/October/2004 at 6:15pm |
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thanks islander. wow, i didn't know that they are this dark, i am learning the hard way. ok ok, don't say anything, they claim to already know me, enough to sue!? i still can't believe this is happening.....can't remember the last time i cried, oh well, these tears make for good sleep tonight...let's see what happens tomorrow, nite board...
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SolveStudentDebt
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Posted: 12/October/2004 at 6:28pm |
Islander,
If a person does not want the statutes compromised, then sending a letter in to the agency (containing even the limited amount of information you are describing) will create an acknowledgment.
The types of acknowledgment are specified in the CSLFA and CRA. For example, it is written:
"Any written document submitted, whether or not it contains a promise to pay, or a refusal to pay will constitute as acknowledgment." There are ways to protect one's self but these measures differ from person to person. Every case is different than the next.
So, tatta, be careful how you phrase the document - and make sure there are no gateways for the limitations to slip through.
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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