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Printed From: CanadaStudentDebt.ca
Category: Other Topics
Forum Name: Describe your Debt Load!
Forum Description: Post stories of your debt and how it affects you and your family
URL: https://www.canadastudentdebt.ca/forum_posts.asp?TID=1703
Printed Date: 26/March/2026 at 10:19pm
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Topic: help
Posted By: chevysmom
Subject: help
Date Posted: 23/October/2004 at 10:12am

jonny please answer something for me ....

 

I have an old student loan .....graduated in feb97....long story short I have never paid a cent ....I have never given or recieved anything in wrighting....I recieved a call about the loan when I bought my house in 2001 nov ...The collector said that they would not accept payments unless the had a large portion down...about 5600.00 I did not have ....I paniced and with bad information I claimed bankruptcy..I since have been discharged and have just now recieved another call about the loan from CBV. Rick White is the guy I spoke with .....he was pretty um I'll say nice and has let me go about a month trying to come up with a buy out ....16000.00.I just got off the phone with him ....and after reserching all the information about the statutes ..on CSL's do I not fall in to that catagory...

I guess my question would be ....

should my loan be stat barred ...I live in Alberta now since 98...the loan was originally from BC. Mr White was trying to tell me that they will sue me ( the bank of nova scotia ) and the will garrnish my wages he knows where I work and kept throwing it in my face because I work for canada post.

he told me to read the bankruptcy act 178G and Bill C 36.

I told him to go ahead and sue me.

he went on to tell me that I would not recieve a buy out if they got a judgment and that I would have to pay for court costs about another 3000.00.

he also told me that his lawyer's name was Mark W Gruman and gave me his phone number. he told me to call him on monday and ask him what they will do to me.

he asked me at the end of the converstation ....what I was going to do ? ....I said I was unsure and would have to let him know after I spoke to the lawyer I guess.

he hung up ....

any suggestions ...( ANYONE  PLEASE HELP )




Replies:
Posted By: SolveStudentDebt
Date Posted: 24/October/2004 at 10:03am

 

 This debt is a Scotia Bank risk portion, obviously. This agency does not colelct for guaranteed loans (Crown debt).

 From what you have described, the statutes were disrupted when you made the assignment into bankruptcy. You stated that you graqduated in 1997, but when did you actually default? If you had not made any effort to pay or acknowledge after graduation, it would be approximately 3-6 months after for default. If this is the case, then the limitation period would commence upon the date of actual default for six years. You had filed bankruptcy in 2001, so it is evident that the limitation period has been reset upon the filing - and the discharge.

 Also, from what you are describing, there would be an avenue of execution becuase you are gainfully employed. You shouldn;t divulge onthis siter where you work though - just for your own protection.

 Truly, I cannot give you solid advice or direction here because I would have to see it all in front of me to determine the risk involved - and how to protect you. It does sound that youa re ina real predicament here.

 If you want me to fix it for you, let me know.

 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.

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