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Calling Revenue Canada

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Adnan1 View Drop Down
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    Posted: 18/May/2016 at 2:41pm
Hi Johnny,

Let me explain my situation. I have a federal-provincial ontairo student loan dating 2005-2009. I never found a job in my field and worked until 2010, I was laid off. 2010 was last time I made a payment.

Since this year, I have been living a fragile existence, sleeping on cousin sofas, going from place to place because I am homeless if it wasn't for my friends and relatives who let me sleep over. I have done some small jobs like cleaning houses to make some pocket money, but years after my graduation, I still cannot pay my loan.

I am a good-faith payer, and have called the student loan number when I received letters many times. I called them and asked each time to stop adding more and more interest because at the rate they are going the interest, I am going to be 90 when I can pay it. Of course, they just ask for money, ask me to tell my friends and family to loan me more money to pay it, they have already loaned me enough just so I could survive the years.

My question is the last time I made payment was 2010. I did not sent any letter, but I called them lots of times on the official number and Revenue Canada number to explain my situation and ask for help and some more time.

By calling them, I identified myself answering their security questions, my birth day, my SIN number. My question is, wold this constitute acknowledgement of this loan by calling on the phone and answering this information and security questions? When I called, I mentioned that I can try to make a payment "of how much I can, as soon as possible."
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Adnan1 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Adnan1 Quote  Post ReplyReply Direct Link To This Post Posted: 18/May/2016 at 3:14pm
I forgot to tell you, more about my hardship.

In the last semester, I was diagnosed with stress disorder, ADHD, I failed my last classes due to severe stress and family problems. I cannot access a job for my area of study, I cannot go to school anymore because of the debts. Even though I didnt get the degree, they still ask about the money.

Did I do the best thing when I call to explain my situation and offer to pay as soon as I can, even if I dont have enough money yet? Or did I just ruin the possibility for limitation of the debts because so many years just passed? When I answer all the questions on the phone and offer to pay as soon as I can, is barred status still possible?


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Adnan1 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Adnan1 Quote  Post ReplyReply Direct Link To This Post Posted: 18/May/2016 at 3:17pm
I want to have a good status, I can tell you the truth that my girl friend told me now she is pregnant. I have little time to find a job to pay her, i have my loans too. If I had a good status, and I could study some more in school, then I could find a good job to pay everyone. I want to pay my loan, but no one will help me. The default was not my fault I am honest. Can I have limitation after I called them and explained the truth???
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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 19/May/2016 at 4:31am
If you make a payment your loans will not be statute barred.

You should have been on the Repayment Assistance Program... was this ever offered to you?
Administrator

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Mark O'Meara

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 19/May/2016 at 4:56am
Talking to them (the federal government) on the telephone does not constitute an admission of liability or acknowledgement on the terms that the law states that would reset a limitation clock. 

A case for limitation discovery and benefit can not be made based on the 2 points you make. 

Does it "seem" statute barred? No payment and no written acknowledgement on your part for 6 years after it becoming due and payable to the crown (default); yes, it possible. However, what people do not realize is that the onus to "prove" it is on the person in which it applies to, meaning you.  You have two choices, assume - or call it out and make the case so that nothing can come back at you in the future should they decide to do something that will cause you to acknowledge it. This is a real issue. I see it a lot. 

I can't tell you that the student loan is statute barred unless  I conclude it through a discovery process. If it is barred then you need safeguards in place that will reinforce your protection. 

The "free" way to go about it is if you think it is statute barred and do not want to disturb it for whichever reason, then you simply assume it is barred until someone comes to you claiming it is not and challenge them to sue you.  If you cannot pay it then you cannot pay it. 

Returning To Studies & Future Funding 

If you have student loans in default then you will not be eligible for future funding until all that is in default is cleaned up and  brought current. 

Barred Student Loans & Future Funding 

If you have student loans that are statute barred and you want to apply for more student loan funding, you will be required to acknowledge the barred loans. The government will not grant you any additional funding until the barred loan is paid in full - or renegotiated out of default and rehabilitated.  

Best. 
 
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

solvestudentdebt.com
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Adnan1 Quote  Post ReplyReply Direct Link To This Post Posted: 19/May/2016 at 5:30am
Thank you a lot for your detailed replies. I will definitely call for your services soon.

To the Administrator - Nope. No repayment assistance because my loan became defaulted when noone could contact me. I was out of work, no address and staying with one friend or another for too many months. Basically, because one time period of a few months they could not reach me, my loan is for ever in default unless I pay a sum of thousands that I do not have. Impossible to negociate with them and even if I live in poverty, they keep adding interest, threatening me, ruin my credit to prevent me from getting different kinds of jobs in my life in the future. I know this is not what they say on the official page of the student loans. They say there is assistance, in five years if the student is still in poverty, they will reduce the debt. Well, five years passed and I have fallen in a loophole in the system and now, noone will help me.

I will call upon your services, thank you for your replies.
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Adnan1 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Adnan1 Quote  Post ReplyReply Direct Link To This Post Posted: 19/May/2016 at 5:37am
A lot times I thought of contacting the newspapers because the "assistance" from the government for me really did not match the assistance they portray to the public eye.
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