Suing NSLSC
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Topic: Suing NSLSC
Posted By: Trotsky
Subject: Suing NSLSC
Date Posted: 09/July/2013 at 2:48pm
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Hi, There was a mistake made on my student loans. I have a letter from NSLSC ECR/ECA department acknowledging that they made a mistake and my loan should never have been defaulted. However, when they sent a request to CSLP to recall the loan and retroactively apply IR/RAP it was denied. What are my options? Have you ever heard of a case where NSLSC was successfully sued? Thanks!  ------------- Lenin |
Replies:
Posted By: Garwulf
Date Posted: 22/August/2013 at 6:34am
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Well, I am in the process of suing CRA over a student loan issue, and I will post my own success or failure here so that people know what happened, and more to the point, THAT it happened. That said, this is a question you need to talk to your lawyer about. For this, you really need somebody with a law degree to verify that what has happened is legally actionable (for example, if they haven't actually taken any money from you, you may only be able to sue for a declaration from the court that the loan should not have been defaulted). And, something occurred to me today while dealing with another legal matter. If the student loan system was in any other system or industry - an insurance company, a phone company, a bank - it would have been buried by lawsuits years ago for the way it acts. There is this perception that the system cannot be fought or taken to court for its actions...but this is an illusion. A federal law called the Crown Liability and Proceedings Act specifically states that if an agent of the Crown commits a tort (basically, a wrong that causes damages), they are legally liable for it. Any organization operating on behalf of the government - such as Canada Revenue, or the Student Loan Centre - is an agent of the Crown. So yes, they can be fought. If you've paid off your student loan and they suddenly put a new balance on it, YOU can take THEM to court. You are not powerless. |