A provincial small claims court in British Columbia had granted a default order to CC Cornerstone Credit Ltd. after a defendant in the case, Janice Lozano-Juatco, failed to make a court appearance to dispute the money claim.
Several other people are also facing civil raps for non-payment of loans. The court judgment can affect the defendants’ financial standing in the banking community as these could be used as basis for other legal action.
Legal sources said the most tedious part of this collection process is enforcement. Will the company file for garnishment of her properties or bank accounts to cover the loan amounting to $3,727. What other avenues of enforcement that may be available need to be addressed, legal sources added.
“This court orders the defendant Lozano to pay directly to the claimant the sum of $3,727,” the court order states.
Amrit Dhaliwal of Cornerstone’s legal department clarified the loan process. “It is correct that we require co-borrowers’ be named in the loan documentation in order to grant a loan since our loans are unsecured. The obligation of co-borrowers, who are jointly responsible for a loan, are fully and completely explained to them by our staff prior to signing the loan documentation in the disclosure statements and other written documents delivered to borrowers and co-borrowers.
Borrowers and co-borrowers are also provided with the opportunity to review the material provided and seek independent legal or other advice as they deem appropriate.”
3 Comments
This is a privacy issue, I wouldn’t be surprised if the editor of this site and its majority shareholders get counter sued for this publishing. She might just make money back and thensome for defamation of this private matter.
MR ANTI CHISMIS – Unfortunately, for the Lozano/Juatco family this is not a privacy issue once it reaches court. For your information, all the info in this article is available publicly at the BC Provincial Courts in person or online both for a fee. Anything in the court system is public information and anyone including press is allowed to report on it. Defamation is only valid if the information reported is not true. They would have to go to Supreme Court and spend a lot of money and prove that what is written is not true. If they are wrong and can not prove it that will cost them a lot of money. Janice Lozano’s case is done she has a demand order and must pay immediately. Roque Juatco has not finished yet. Erlinda Juatco is still in action and Bodeng Juatco has been told to pay Connie $15,000.00 and she is still waiting.
MetroVan Independent News responds
The Digital Privacy Act which amended the Personal Information and Electronic Documents Act (PIPEDA) allows the provincial court to release to the public a Notice of Claim on defendants who are named in a case. The Digital Privacy Act received Royal Assent in June 2015 and thus triggered changes to the privacy law.
Organizations may now disclose personal information without consent to another organization in certain circumstances. Firstly, the disclosure must be reasonable for the purposes of:
1. Investigating a breach of an agreement or contravention of a law that has been, is being or is about to be committed; or
2. Detecting or suppressing fraud or of preventing fraud that is likely to be committed.
As an additional requirement, in such cases, it must be reasonable to expect that disclosure with the knowledge or consent of an individual would compromise the investigation or the ability to prevent, detect or suppress the fraud.
Business transactions
New provisions allow use and disclosure of personal information without consent in connection with business transactions, provided certain conditions are met. Business transactions are defined in the Act and include, for example, the sale of a business, a merger or the lease of a company’s assets.
Organizations that are parties to a prospective business transaction can only use and disclose the personal information if it is necessary to decide whether to proceed with or complete the transaction. In addition, the organization receiving personal information must enter into an agreement to use or disclose the information for the sole purpose of the transaction, to protect it, and to return or destroy the information if the transaction does not proceed.
The person who believes non-payment of a loan is a privacy issue must be sick in the head. Contract law covers these transactions. It can actually morph into a criminal case if false machinations and false testimony is used to obtain a positive transaction.
Finally, MetroVan Independent News does not fear any filing before the Privacy Commissioner for alleged or purported privacy issues. We may have to cease being a newspaper serving public interest if we fear anyone due to their privacy concerns.
See you in court.