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I'm so happy to find this site!
I'm dealing with something similar. 1999 was the last year I took out a student loan from Scotiabank. Since then my student loans have been split between CSL and BCSL(currently managable payments). In 2001/2002 I was off school (new baby), and being on low income I applied for interest free status with the gov't. While I waited to be processed, Scotiabank took me to collections (3 month deadline..?) with no warning at all. I have since not been able to reverse this, even though I was promised it will be reversed if I return to school FT, which I did - to graduate in June 2003. I have not paid anything towards this debt for at least 7 years. I have recently received a letter from a collections agency, saying that I need to repay $15000.00 within 10 days of receipt of this letter, or I will be sued. Wow! What a shocker, since as a single parent I'm just scraping by, and I have no surplus cash or disposable assets. 3 years ago I barely survived an accident, and my employment options are now limited, propobly for life. I e-mailed the agency saying just that, presenting a chance of a tiny cheque (no set amount) sent to them monthly, until my situation improves. I asked what to make the cheque out to, and I requested online or via mail communication only. 1 week and no response yet.
I wonder if:
- I made a mistake in contacting them (6 year statute of limitations), even though I
haven't sent a cheque yet?
- Can they really take me to court, and if yes - how? (claim served in person or via
registered mail?)
- I'm desperate, and even considering bankrupcy next year (7years), if my situation
doesn't improve. Can any resulting court action make my Scotia debt not released by
order of discharge (The Bankruptcy and Insolvency Act, Section 178 (1) (a)) What exactly is
a fine, penalty.etc, this part is very unclear and scary
- Finally, in the event of bankruptcy, would the student loan interest debt be released by
order of discharge (The Bankruptcy and Insolvency Act, Section 178 (1) (h)), as this is also
very unclear.
I have not been able to find good, unbiased advice, and I can't afford a lawyer. I'm scared to make my next move, as I don't want to make a mistake. I would greatly appreciate answers to some, or all of my questions.
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