This website is a testimony to the problems Canadian Student Loan borrowers experienced from approximately 1996 to 2008 and until their loans were paid off.

The privatization of the Student Loans system by the Chretien and Martin Liberal governments broke the system and defaulted thousands of borrowers who were trying to pay their loans. There were even stories of suicide due to the harassment of borrowers.

Read the report that I prepared back in 2007 here. Canada Student Loans-The Need for Change Fortunately the new Conservative government at the time revamped the program and fixed the system for new borrowers, but borrowers under the previous program were left with ruined credit and continued harassment from debt collectors.

I call on the Canadian Government to apologize to the borrowers affected by this fiasco and make amends.

Unfortunately the Liberal government is again clobbering the Education system with their upcoming changes to International Student Visas. Yes, there's a problem, but instead of a well thought out plan, they have pulled the emergency brake on the train causing a derailment. This has introduced unprecedented instability for both private and public education institutions who serve both international and local students.

Universities can't plan. I've heard of courses being cut because the government has no process in place for universities to send the newly required acceptance letters to the government.

This means that students who have been accepted can not attend courses that start in the summer 2024 semester. With cut sections, current Canadian students will have trouble getting courses, and may have to switch to part-time which changes their enrollment status and might trigger repayment of their loans or ineligibility for funding. I've seen this before. It wreaks havoc on the student loan borrowers.

Again, the Liberal government has messed up the education environment. Will the new system needed in a rush for the acceptance letters be the new Arrivecan scandal?

I call on the government to implement a slower phased in approach and delay the requirement of the acceptance letters until a process is in place to submit these letters.


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Forum LockedFinancial Questionaire Violates Privacy Laws

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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 24/February/2008 at 12:41pm
Appreciate your comments on this...

Heres some additional info. If you dont fill out the questionaire, your file is marked as "client being unco-operative"

The questionaire info is compared with the statistics canada tables and then the borrower is asked to justify all the expenses.

The questionaire is used to try to squeeze out additional payment from the borrower so that the agency makes a higher commission.

The questionaire also requires info about ones spouse.

What I'm arguing here is that the Collection agency and perhaps the government does not believe you have the right to refuse to fill out these questionairs. Refusing to fill the questionaire often leads to being screamed at by the collection agents and further harassment.

The the grounds for a complaint is that apparently the CA's dont think that we have the right to refuse filling out the questionaire, and that the purpose of the information is not clearly stated.

Any thoughts on this issue?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote paulaffleck Quote  Post ReplyReply Direct Link To This Post Posted: 24/February/2008 at 5:13am
I just a financial questionnaire from ARO.  Because of this discussion, I looked for, and found, some reference to the use that would be made of the information provided, specifically that it would only be used in accordance with existing privacy legislation.  I'm paraphrasing here, obviously.
 
But it seems to me that these are "questionnaires", that the debtor can choose to either complete or not complete.  It also seems that the use of this information is restricted by existing privacy legislation.  I don't see this argument going very far, you know...
 
The other unfortunate aspect to this issue is that the questionnaire is being used to assess the financial status of debtors who have already defaulted on student loans - the government may take the position that they are extending a courtesy, and that they could simply sue all student debtors, rather than inquire into their financial status in the hopes of coming to a repayment agreement.  To the extent that the questionnaires are being used to establish repayment terms, and in effect to stave off litigation, I don't see the equities as being favourable, either.
 
Of course, the larger question is that of the entirely questionable and sometimes downright nasty tactics that the collectors use in dealing with debtors.  Also, I don't see why these questionnaires are required to come to adequate repayment arrangements.  But I just don't see how they somehow violate privacy laws.
 
Sorry -- hope I'm wrong!
 
I think we are stuck with the questionnaires. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 23/February/2008 at 7:31am
I've checked my consolidation agreement and there is a clause giving my bank the permission to collect personal info about me, but I doubt that this can be argued to go as far to collect the info in the questionaire, so it needs to be challenged in light of the wording of the consolidation agreement.

Also requiring a spouses info is not right in my idea.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 21/February/2008 at 4:55pm
Hi Paul,
The CFS is an organization that represents 'students' so they are generally involved in issues that affect borrowers after they leave school. It is basically beyond their mandate = and if you google CFS and lawsuit, they've had their own issues to deal with regarding their Travel Cuts division and the attempts of some schools to break away from the organization.

As for school organizations, their representatives change every years so the continuity isnt often there to get these matters going.

Unfortunately the people who need the help dont seem to have the funds to retain a lawyer to do the work...

As for an organization that represents borrowers.... well, we're it! and as well the Coalition for Student Loan Fairness... at http://www.studentloanfairness.ca which I co-founded with Julian who has been working really hard on getting the message out to media.

For this issue, I could really use some help on this. If you know of a lawyer who could investigate and advise what to do, that would be a huge help!

Basically, some collections agents are bullies- with a financial questionaire as their weapon. The bullies wont go away, but at least I can try to take away their weapon and disarm them for now. And you are right, they may just go for more drastic actions, and then we'll have to deal with that.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote paulaffleck Quote  Post ReplyReply Direct Link To This Post Posted: 21/February/2008 at 4:44pm

Has the Canadian Federation of Students ever retained a lawyer to write a legal memo to address the legal question of whether these "questionnaires" in some way violate federal privacy laws?  What's needed is a lawyer's opinion, I think.

The federal government would likely argue that these forms are questionnaires, and that people can choose whether to complete them.  I forget what was the questionnaire that ARO sent to me, because I refused to complete it.  I would imagine that it contains some kind of "consent" portion. 
 
 
And of course, no matter whether the forms comply with privacy legislation or not, because the debt is due and payable in full, the government is well within its rights to simply say, ok, we're going to sue you.   Let's say we win the argument over violation of privacy laws.  Couldn't the government simply say: "Ok, no more questionnaires - we'll just start suing more people"? 
 
I think that some official body representing students needs to retain a lawyer and pay for a legal opinion on the issue, then that body needs to make its case to the government.  Whether it will actually make student debtors' plights any different is an open question. 
 
I think the real answer is to raise public awareness of the plight of student debtors, with the ultimate goal of a general amnesty for student loan, or at least a partial amnesty. 
 
I don't see how winning piecemeal legal battles like the privacy issue will tackle the essential issue:  People are going not just broke but bankrupt on account of student debts, and that should be unacceptable to all who believe in access to higher education for the public at large.
 
My 2 cents.
 
-Paul
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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 21/February/2008 at 3:47pm
Wow... so I guess we have to work that much harder on it.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Buff Quote  Post ReplyReply Direct Link To This Post Posted: 21/February/2008 at 2:27pm
But don't expect a reply anytime soon.
 
I filed a complaint in September 2006. I got a generic acknowledgement in January 2007. They sent a letter asking me to call them and discuss it in May 2007. I called them to change my address and ask for an update (they had none) in June 2007. I've received no mail or phone calls from them since then.
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 21/February/2008 at 4:27am
You'd have to check with the privacy oommissioner on that..
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Madmorrigan Quote  Post ReplyReply Direct Link To This Post Posted: 21/February/2008 at 4:24am
As well, does it apply to account numbers?? All my loans use some form of my FULL SIN# (usually with letters tagged onto the end) and anyone with half a brain could figure it out.
 
I may write the privacy commissioner anyway...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Madmorrigan Quote  Post ReplyReply Direct Link To This Post Posted: 21/February/2008 at 4:20am

Does that also apply to info accessed through the Credit Bureaus?

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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 20/February/2008 at 11:13am
Looks like a no brainer to me ...

The financial questionaire is likely illegal!!!!

We need someone who has been asked to file a financial questionaire to file a complaint with the privacy Commissioner of Canada.

112 Kent Street
Place de Ville
Tower B, 3rd Floor
Ottawa, Ontario
K1A 1H3

Please include your full contact details in your letter, including your name, address and the telephone number where you can be reached, and provide as much detail as possible about your complaint.

From http://www.privcom.gc.ca/information/02_05_d_08_e.asp

Your ability to control your personal information is key to your right to privacy.
The Act gives you control over your personal information by requiring organizations to obtain your consent to collect, use or disclose information about you. The Act confers certain rights on individuals, and imposes specific obligations on organizations.


The law requires organizations to:
     obtain your consent when they collect, use or disclose your personal information;

     supply you with a product or a service even if you refuse consent for the collection, use or disclosure of your personal information unless that information is essential to the transaction;}
     collect information by fair and lawful means; and
     have personal information policies that are clear, understandable and readily available.


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