While it is not a legislated process, it is accepted as practice with most collection agencies.... And like I mentioned, if they refuse to cease, speak with your ministry of consumer protection representative. Ours here on Ontario is Brian Pitkin. Filing a formal complaint is serioou business, but sometimes a necessary step.

So is this process / step legislated across Canada?

I haven't read or understood that as an option from Ontario legislation.

My understanding, at least from ON perspective was that the only 'cease and desist' letter that was understood as binding was that sent from a lawyer...and even then, communication (at least from a C/A perspective), may not cease, but would only occur through or with the lawyer sending the letter.

Full disclosure...I am not an LLB, so welcome full education on the matter,

Sure can. A cease and desist letter is a letter that you send to the agency that is collecting your debt. In order for this letter to be binding, you are best to send it via registered mail. The letter needs to detail that you do not want to receive any further calls from the agency, and will be dealing directly with the original creditor. You need to state that if you receive any further collection calls from that agency, you will be complaining at the ministry level.

Can you clarify what you mean by a 'cease and desist' letter?

In conjenction with dealing directly with NSLC or the original creditor, what you will want to do is send a cease and desist letter to TCR. This will force your original creditor to deal directly with you, and that way you wont have to worry about any confusion between the two, or avoiding phone calls.

Also, while your creditor is not required to accept any form of payment, no creditor is going to say no. What they are likely to tell you is that they are not approving a payment plan, but will not refuse the money once it reaches their office. I would set up payments online, based on comfort level. If you are comfortable with the original creditor, send payment however you like, but keep reference numbers, and track it like crazy.
Good luck!

I am so sorry to hear about your situation. First of all, since you are willing to pay the outstanding student loan, you can directly negotiate it with NSLCL or whoever you lender is if the loan was approved before 2000. They might, however, refer you back to TCR but you need to insist that you are negotiate solely with them but no one else. Explain your situation to them and from there you can develop a repayment plan. Ignore TCR and take 1 step at a time.

Greetings All!

To make a long story short, I unknowingly defaulted on an Ontario Student Loan back in 2007 (I had been, and still am, paying two other student loans that are in good standing). At the time TCR was very aggressive and demanded that I either pay the entire amount in full or, in order to make smaller monthly payments, cough up $3000-4000. In a panic (I have issues with anxiety and depression), I hired someone to be my advocate and to stop the harassment I was receiving at the hands of TCR. The individual I hired also promised that the loan would be frozen in order to stop interest accruement and to work towards having my defaulted loan reinstated in good standing so that I could pay it back.

Fast forward to 2009, and I have just heard from TCR again in request of payment for the outstanding loan (which has now increased with interest to $14000). It turns out that my advocate, who was working on my behalf for a small fee, has done very little, if anything, and has been giving me questionable advice. For example, my advocate continually refers to the statute of limitations regarding my loan even though--as I have since found out and as this person has stated online in forums--Ontario student loans are not subject to a statute of limitations.

I have always intended to pay back my student loan (as I have been doing with the others) and I am curious to learn from other's experience how amenable TCR will be to accepting some form of monthly payment plan. I am unemployed and recently moved to an area of the country notable for its historical lack of employment opportunities, but I can afford to start with $100/month until Feb. '10/Mar. '10, at which point I can afford $200-250/month (and possibly more per month in the future). I do not have access to any other assets and could not pay back the loan in a lump sum settlement or at a higher rate at the moment, so I am anxious to learn whether creditors accept payment plans of this sort.

TCR has mailed me a financial questionnaire to determine what I can pay, but I would like to solicit your advice on what I should be telling them based on what I know I can afford versus what they think I can afford. Do creditors have to accept any form of payment? Should I be giving them post-dated cheques or should I transfer money to them directly? Is there anything I should know or be aware of before I make these arrangements with them?

I am going on the assumption that the creditor wants to retrieve the money, but are they after the money in any form (e.g., monthly payments) or do they only want it in large chunks?

Thank you for any help or advice you can give me as worrying about this situation has literally taken the life out of me these past few days.

P.S. Can the creditor come after my wife?