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moonshadow48
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Joined: 23/November/2009
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Topic: Claim delivered by bailiff Posted: 23/November/2009 at 4:14am |
I took out guaranteed provincial student loans from RBC and upon being unable to pay the debt, they reverted back to THE MINISTERE DE L'EDUCATION, DU LOISIR ET DU SPORT. I graduated in 1995. I believe the last contact I had with them was in 2003 or 2004. I didn't hear from them again until this year. I received a registered letter which I signed for stating that I was to pay back the loan immediately and if I didn't it would be sent to collections...I did not reply.
Today, a bailiff handed me a letter stating that they were appointed by the Ministere de l'Education to collect the amount due. If I do not comply within 15 days, they state that legal action will be taken against me.
I wanted to know if by signing for the registered letter and accepting the letter from the bailiff constitutes my acknowledgment of the debt?
Also, I would like to know how to go about finding out if I am stats barred.
Thanks for any advice or information you can give!
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moonshadow48
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Posted: 25/November/2009 at 12:45am |
Anybody? I've tried searching the forums but am still confused about a lot of this. I could really use some help.
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Iknowalotofstuff
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Joined: 29/September/2008
Location: Chatham, ON
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Posted: 25/November/2009 at 3:56am |
Federal Student Loans are granted under the Canada Student Loan Act and the Student Financial Assistance Act. Go online and read the final sections of each act and you will find out what the limitations are regarding a student loan becoming statute barred.
Each province has legislation regarding provincial student loans. Find that legislation and read it to find out what limitation period apply in your province.
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mr.o
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Posted: 25/November/2009 at 9:45am |
I started to reply to this a couple days ago,reread your statement and quit. Questions tho...was it a baliff (with a license) . At first I assumed you were being sued,so if the info was being delivered to you,that is a good thing,in the fact that you will be able to appear before a judge and defend yourself,if you have a good defense. But then realized you were being threatened to be sued,which happens a lot, and sometimes never goes the distance. If a court appointed representative delivers a document to you personally, it sure has the all the indications of a court date,otherwise why bother,unless this is some stooge just to rattle you. You should clarify.
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moonshadow48
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Posted: 25/November/2009 at 3:11pm |
Thanks for the replies. The last contact I had with them was in 2003 or 2004. It's been 15 years since I graduated and due to life circumstances I have been unable to pay the loan back. They are now asking for over 45,000$ to be paid in full...I will never be able to pay this off. I was laid off in March of this year and my last unemployment check is next week with no signs of a job in site yet. Here is the letter that was hand delivered by a bailiff which has an official looking stamp on it that includes the words RINO RINALDI (someone's name?) CHJQ 590 and HUISSIER DE JUSTICE SIGNIFIE LE _____ here is where the guy signed with a date. I did not sign for it. Dear Ms. XXXXX, Subject: Claim regarding your student loan debt We have been appointed by
our client, the Ministere de l'Education, du Loisir et du Sport, to collect the
amounts due in accordance with the contract you signed, which obliges you to
repay the student loan that was granted to you. You can contact the debt
collection officer in charge of your file at 1-xxx-xxx-xxxx, extension xxxx
(toll-free). You are hereby formally given notice that you must send us a
certified cheque in the amount of $xx,xxx,xx, made payable to the Minister of
Finance, within 15 days of the date of this letter. If you do not comply, legal
action will be taken against you without further warning or delay. We
hereby request that you act accordingly. signature FORTIN, BARIBEAU
(JUSTICE - QUEBEC) ATTORNEYS FOR THE MINISTERE DE L'EDUCATION, DU LOISIR ET
DU SPORT Encl. Return envelope c.c: Alain Caron ---------------------------------------------------------- I found this on the forum but it is from 2005 so am not sure if this has changed. It's been a minimum of six years since I acknowledged the loan but if what Johnny wrote below holds true it will be extended another 5 years before it becomes statue barred. I am trying to hold it together and not become anxious or fearful but it's pretty difficult. I am still recovering from the loss of my mother in October and this on top of that has me stressed to the max. So any and all help or suggestions are most welcome!
Hello everyone,
I
have compiled some of my research into different Provincial statutes. I
thought I would share this with you all so you will have a better
understanding of the Provincial statutes in Quebec.
The
statutes of limitation for Quebec student loans are 5 years from the
date of last activity, payment, or acknowledgment. Now, Quebec law
allows the limitation period to be interrupted during its course only
once. This interruption would occur when the Department head of the
Student loan sector issues a Final Demand in writing to the borrower to their last known address.
So,
once a Quebec loan is due to become barred, and there has been no
interference by the department head to prolong the life of the loan, it
is then barred after 5 years.
If
the loan is due to become statute barred, the government can cause the
loan to survive another five years by issuing this Final Demand
notification.
No other province has this statute.
I
thought I would share this information to those who have guaranteed
Quebec loans, and are under legitimate financial restraints. If people
have any questions, feel free to ask.
John LeBlanc The Canadian Financial Wellness Group |
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Iknowalotofstuff
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Joined: 29/September/2008
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Posted: 25/November/2009 at 6:42pm |
You have a $45000.00 student loan. At a nominal interest rate of 6%, the interest is $275.00 per month now. If you want the loan to go away, see a trustee about bankruptcy or a proposal. You have been out of school for 7 years. No harm in investigating if as you say you can never pay it off.
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moonshadow48
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Joined: 23/November/2009
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Posted: 26/November/2009 at 6:52am |
Thanks for the response. I've been out of school for 15 years now. I would rather not have to go bankrupt if I can avoid it. Could you explain what a proposal is?
Thanks!
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administrator
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Posted: 26/November/2009 at 9:51am |
You might also check into whether the loan is statute barred.
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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moonshadow48
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Posted: 26/November/2009 at 10:59am |
Thanks Mark. I'm afraid that if I try to find that out it will somehow start the clock running again if it hasn't already begun. Is there a way to do that without acknowledging the loan?
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Iknowalotofstuff
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Posted: 26/November/2009 at 3:02pm |
Statute barred student loans are a rarity.
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administrator
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Posted: 26/November/2009 at 6:12pm |
with the banks and government losing info it can occur.... when they realize they are about to be stats barred, they sue.
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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moonshadow48
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Posted: 27/November/2009 at 2:09am |
I'm figuring what happened is that they realized that the loan was going to become stats barred so that is why they are doing this now.
Is there a way I can have someone else find out for me if it is stats barred or close to becoming stats barred?
I don't want to reply to them or acknowledge them in any way to start the clock ticking on my own if it is close to being stats barred.
Thanks for all the help!
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administrator
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Posted: 27/November/2009 at 6:51am |
John Leblanc at CFW Group can do this but just to be clear there are some fees involved. Website is CFWGroup.ca or 1-902-835-1210
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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moonshadow48
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Posted: 27/November/2009 at 9:59am |
Thank you Mark!
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SolveStudentDebt
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Joined: 05/November/2003
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Posted: 04/December/2009 at 4:46am |
Iknowalotofstuff wrote:
Statute barred student loans are a rarity. |
Alright, let's be real. You are not speaking fact here. They are not a rarity at all.
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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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moonshadow48
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Posted: 04/December/2009 at 6:27am |
Hi John,
I sent an email to you through your Website, CFWGroup.ca and also called and left a message at 1-902-835-121 on the 27th of November. Would like to find out if the loan is statute barred or not. Have not received a reply?
Did I not phone the right number?
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administrator
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Posted: 04/December/2009 at 6:34am |
We used to have a stats barred forum on this site... its was one of the most popular forums for quite a while. The numbers are huge and not a rarity...
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Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
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SolveStudentDebt
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Posted: 04/December/2009 at 8:02am |
Hey Moon,
I receive so many email and calls per day, you will ahve to nbe more specific. Go to the site and email from the contact us tab, and cite that you are "moonshadow" from CSD.ca. :)
Johnny
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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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slartibartfast
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Posted: 07/February/2011 at 9:29am |
What exactly does 'statute barred' mean in very simple language? I am extremely inept at legalese and pretty much anything financial.
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SolveStudentDebt
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Posted: 09/February/2011 at 7:34am |
An injury or claim cannot be pursued after a prescribed period of time has elapsed from the date of it's occurence. Ie: Barbie could not pursue Ken for the damages he did to her pink Porche because she took too long to proceed with an action against him. He who waits for the last apple usually gets the rotten one.
Johnny
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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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