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They are suing me -help urgent

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Topic: They are suing me -help urgent

Posted By: BeingSued
Subject: They are suing me -help urgent
Date Posted: 02/November/2005 at 4:08pm

Hello,

I am really stressed as I received a "Notice of Claim" in the Provincial Court (Small Claims Division). I am being sued by the provincial gov for my provincial student loan while full-time student.

I am a full-time student now and have been since they defaulted it and the Bank and gov confirm my confirmation of enrollment forms were received every semester. I am a graduate student and exhausted all my intrest free weeks that they accept confirmation of enrollment forms for and the bank defaulted the loan when the province stopped paying them the interest. I kept sending in the confrimation of enrollment forms anyway.

I am not sure why they are suing now as I acknowledge the debt all the time telling them I will repay the loan after I graduate.

Apparently I have to reply to the court registry right away or a judgement will be made against me.

I WOULD APPRECIATE ANY ADVICE FROM ANYONE WHO HAS BEEN THROUGH THIS.

The form allows me to make a counter claim. Should I? For How much? Can I claim tutition as my program has been extended as I am spending time away from my studies dealing with this. Can I claim lost future income?

Thanks in advance for any advice. Any links on the internet on how to write such a reply would be useful.

Replies:

Posted By: BeingSued
Date Posted: 03/November/2005 at 12:54am

If I do not file a counter claim, could the judge be more sympathetic?

If do not file a counter claim now, does this mean I loose all opportunity to recover damages and costs later?

Posted By: BeingSued
Date Posted: 06/November/2005 at 12:31pm

Has anyone else been sued while in school?

This seems unheard of that the gov is actualy trying to get a judgment against me while I am a full-time student. They want me to quit school to pay back the loans now.

They will not wait till I finish.

Posted By: SolveStudentDebt
Date Posted: 06/November/2005 at 12:47pm

This is not the first time I have seen this happen.

If you want help, we can get you back in control of this, and protect you if you'd like. Advice is not going to solve your problem in this regard. It requires action by intervention.

If interested, let us knwo. Otherwise, best of luck and I hope things work out for you.

Johnny

http://www.cfwgroup.ca/forum - www.cfwgroup.ca/forum

-------------
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com

Posted By: JenniferMary
Date Posted: 10/November/2005 at 12:43pm

Beingsued...Why not let it go to court..tell your story. You are a full time student, how can anybody expect you to pay anything when you are NOT working and getting educated. We all need to take a stand. Let them take us all to court..Students are being descriminated against..How come we can't claim bankrupcy and everybody else can?..I would say the heck with Banks, Government, and collection agencies..They are all in it together, for profits. We need to tell them to stop this bullying and harrassment...

The only way they all listen to us is to stop payment on loans and let them take us all to court. Believe me, it won't be long before you see all the politicans scurrying into the parliment building to fix the loopholes they have put in the laws, just so they can nail students for PROFITS...

Money is their main concern.

Posted By: administrator
Date Posted: 10/November/2005 at 2:05pm

I'm not sure what university you are at, but some universities have a student legal aid clinic...

Who ever takes on your case needs to be familiar with the student loan regulations... that will take some time.

YES you should file a counter claim. If you dont they get a default judgement.

What might be happening here is that you have reached the maximum number of semesters allowed for student loans.

I need more details as to why the loan was defaulted.

When is the counter claim due?

I strongly suggest you speak to Johnnny.

Mark

Posted By: BeingSued
Date Posted: 14/November/2005 at 3:44am

Hi Mark,

Yep, you are right I have apparently used up the maximum in school interest free period.

The old saying that student loans are interest free at school is not true.

I have submitted all the COE forms. Nobody disputes that. The issue is that the gov has stopped paying the interest on my loan while I am at school and hence the bank defaulted.

Posted By: administrator
Date Posted: 15/November/2005 at 3:15pm

So we need to help you develop a plan.

(disclaimer)
This isnt to be taken as legal advice.

1. You need to file a statement of defense, otherwise they'll get a default judgement.

Research if you could have converted this over into Interest Relief. Did the bank notify you of the impending default, or just send you straight to collections? Did they try to work with you?

Someone has to pay the interest, so it will likely be you. Show that you have been co-operative in trying to work this out. Show to the judge that you are caught in an administrative problem, that you werent aware of this, and that you have every intention of paying the loan. You may be able to claim that there was no need to sue, just time was needed to discover why the loan was defaulted and to try to re-arrange finances. Print off copies of the newspaper articles that appeared in the press about the bungling of student loans...

If you have perfect or good credit, Get a copy of your credit report...to show that you dont miss payments.

Now that you know the whole picture, see if your school has a student legal clinic, or legal aid service.

Talk to your financial aid office..see if there are any additional emergency bursaries etc..

And talk to Johhny, and write to your MP, MPP and the Opposition.

Hope this helps...

Mark