Collection Agencies - Just got a letter 13 years later! what do I do - Canada

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RE: Just got a letter 13 years later! what do I do

Postby TJ.brooks » Sat Jun 07, 2014 04:53:24 PM

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RE: Just got a letter 13 years later! what do I do

Postby steveinbc » Fri Jun 06, 2014 02:19:26 PM

I wish I had of stopped by and read this before. I would send a letter to your province's ministry that oversees collection agencies, asking if collecting this debt is legal? Mention it was addressed.

Send a copy of the letter from MCA. Then CC the whole letter to MCA's president (listed on their website), and someone high up in CIBC. If it isn't legal, I bet it will get fixed.

If I had to take a wild guess. I would say that someone found a record of this and thought that they would have nothing to lose by trying to bully you into paying it. The question is, does management approve of this?
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RE: Just got a letter 13 years later! what do I do

Postby HonestAbe » Fri Jan 17, 2014 08:10:39 PM

Not sure when a decision is going to be reached on this appeal of a compliance order by BC Consumer Protection ordering TransUnion to stop allowing its collection agency and debt buying members from performing hard inquiries on stats barred debts.

http://www.consumerprotectionbc.ca/hfb-help-for-businesses/compliance-and-enforcement/recent-enforcement-actions?&task=view_result&case_number=27454&bus_name=
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RE: Just got a letter 13 years later! what do I do

Postby HonestAbe » Fri Jan 17, 2014 07:45:27 PM

We had a an accounting professor, Footloose, on this forum a while back who later on moved over to the Canada Student Debt Forums.

Among his many areas of expertise were all-things-student loan.

http://www.canadastudentdebt.ca/search_results_posts.asp?SearchID=20140117204140&KW=

The legislation and collection treatment can become confusing because it's constantly changing at the federal and provincial levels. Rather then working backwards, it would be a easier to read over his posts on that forum to see what dates and hence legislation applies to your case.

Real, Real, Real dumb idea letting that guy get away as you can see by the way he corrects the forum owner and moderators.
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RE: Just got a letter 13 years later! what do I do

Postby fantasy » Fri Jan 17, 2014 05:30:29 PM

Seems like Metropolitan has taken over old CIBC Student Loans from CBV ...CBV had mine for the last number of years and were doing hard hits on my credit through TransUnion but not Equifax wonder why only TU was allowing this LOL..Now this week MET hit my credit again through TU but not Equifax..Just another loop hole to keep TU in Business and skirting the loophole on putting hard hits on credit reports again
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RE: Just got a letter 13 years later! what do I do

Postby HonestAbe » Fri Jan 17, 2014 12:14:17 PM

The Office of the Superintendent of Bankruptcy should be able to provide you with info on the trustee who handled your discharge. It's a public record available to all forever. It's free if you visit the nearest office or $8.00 online.

Due to the uncertainty of relevant dates, it isn't clear whether Section 178.1 (g) of the Bankruptcy and Insolvency Act would have applied to exclude your student loan in the discharge. Moreover, if it occurred after Jan. 1, 1998, there wouldn't have been any limitation period on the OSAP.

If you have gone bankrupt prior to the expiration of the 10 year limitation period set out in s. 178 1g of the Bankruptcy and Insolvency Act, one can apply to the bankruptcy court after the expiration of the 10 yr period for an order including the loans in your earlier bankruptcy provided you have acted in good faith regarding payment of the loan and the debt continues to be an ongoing burden. See s. 178 1,1 of the BIA. Unfortunately, you will have not met that criterion, if it wasn't already included.

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RE: Just got a letter 13 years later! what do I do

Postby mikedmdm » Thu Jan 16, 2014 07:25:11 PM

I will try and find the trustee's info, but this is 13 years later, I live in a different city, have moved multiple times, and have gone through quite a few changes in all these years. I'm not even sure who it was anymore. I guess I'll try and contact Cibc again too, they cleared it before for me when equifax still had it listed years ago. What can these companies do legally to you? I have spent the past 10 years, rebuilding my credit to a perfect status, I'm just so worried now that this will mess it all up again
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RE: Just got a letter 13 years later! what do I do

Postby HonestAbe » Thu Jan 16, 2014 05:30:59 PM

Why don't you call the trustee and ask, "What's up?" That's what you paid them for.
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Just got a letter 13 years later! what do I do

Postby mikedmdm » Thu Jan 16, 2014 04:54:04 PM

Hi,

I just got a letter from this collections company saying I owe them $3600 from a cibc student loan from the 90's! This was covered off over 13 years ago or more from a bankruptcy that I had to claim in the early 2000's. It was removed from equifax and trans union back in 2008 along with any traces of the bankruptcy. Why is this company coming after me now, and what do I do? I am so stressed and don't know what they have legally that they can do.

Thanks for any advice
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