Author |
Topic Search Topic Options
|
Royal-NCO
Groupie
Joined: 17/March/2010
Points: 244
|
Post Options
Thanks(0)
Quote Reply
Topic: Accidental Acknowledgement Posted: 10/January/2013 at 2:00pm |
I have posted my situation before. See below for the history. New questions: If I were to begin repayment on the Ontario portion of the student loan I received after 2002, do I inadvertantly acknowledge the Federal portion, resetting the six year clock? The entry on my credit report for the Ontario portion reaches six years since last activity in August. Will this entry fall off of my credit report or will it reappear? In other words am I better off paying nothing and instead tucking the money away in a savings account and paying it all off at once in a couple of years? I can afford to begin payment on the provincial portion. I would like to make monthly payments if it makes sense. Interesting to see that I no longer receive a monthly notice for the Federal debt owed. Instead, I received a notice that they would be witholding tax returns to cover the provincial portion. I find it hard to believe that this would happen unless the Federal portion has been written off due to it being statute barred. Otherwise, wouldn't the Federal government take care of itself first before helping the provincial governement? Thanks for your input.
|
|
Sponsored Links
|
|
|
SolveStudentDebt
Moderator Group
Joined: 05/November/2003
Location: Canada
Points: 5996
|
Post Options
Thanks(0)
Quote Reply
Posted: 13/January/2013 at 7:14am |
No. One has nothing to do with the other. If you apply payment to the Ontario loan then any limitation that may apply to it are then reset. If the federal loan is barred then even if you send them a payment they cannot apply it unless you waiver your right to limitation in writing. The loan is actually closed and cannot be reopened unless you waiver your rights in writing and ask that they open a new account of the previous. If you are unsure if the federla loan is barred you want to find out for sure. Lots of people are coming to me with black eyes from being slammed with Crown actions that previously assumed differently.
|
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
|
|
Royal-NCO
Groupie
Joined: 17/March/2010
Points: 244
|
Post Options
Thanks(0)
Quote Reply
Posted: 13/January/2013 at 7:57am |
Thanks Johnny, But I probably don't qualify for your help. I admit that I am very willfully "frustrating the system". They have lost my documents, defaulted me, destroyed my credit rating, and now with this harddrive issue, they have lost all of my personal information. Even if I could pay, I refuse to pay anyone a penny!! Not that it really matters. On Friday, my wife, who thankfully is ok, trashed the car. The car was my little extra job on top of parental benefits. That job is now gone. So, no payments going to the province. Funny, that at almost exactly the same time that the harddrive goes missing, I stop receiving monthly reports about my federal debt. As I said before, I choose to be patient. Let the government make the next move.
|
|
philbain
Groupie
Joined: 03/September/2012
Location: Victoria BC
Points: 42
|
Post Options
Thanks(0)
Quote Reply
Posted: 13/January/2013 at 11:28am |
I think it would be worthwhile to contact Johnny for at least a consultation to examine if you are frustrating the system on purpose or because of your financial situation. If you were for example a doctor fully employed and refusing to pay just because you don't want to but you can clearly afford it then that would be frustrating the system. But, if you are fully employed and only making enough to live pay cheque to pay cheque including paying off your loans and your loan payments are large then the system is frustrating you. If this was your situation and you were met with an unexpected expense change for the worse (your wife trashed the car and now you can't work) then that loss of income has now placed you in a bad spot because to refrain from defaulting you have to make other compromises such as cutting your cell phone, cable, Internet, and cut back on your food budget. So in order to eat now you have to live off of credit cards just a tiny but just to put food on the table. When you fall behind that payment then your food options are cut because you can't pay your credit cards and so you default on those payments all while blaming your significant other for crashing the car (an accident) so now your relationship is stressed. Life at home starts to blow so you start drinking or do other drugs to relieve the stress and one night a big argument blows up and and an intoxicated argument follows. The cops come and you get charged with assault and now your job options are extremely limited. So you move out your rent increases and you live in a high crime area of town with a drug/drinking problem. You're still struggling to not default on your student loan payments but you did miss a few which cause some rent cheques to bounce and some NSF charges to happen so now you either can't buy food or pay for bills. By this time the credit card companies are calling you at work over and over everyday. You're on edge all the time because by now you have a stress problem and you cant even afford to support a drug/alcohol fix just to get some minor relief on a Friday night. So you start spending more money on drugs/alcohol instead of paying your bills because at least you feel better for a few moments when you are intoxicated. Your attitude drops at work from being high and stressed so you get fired for poor productivity. Now you're really screwed and default on all of your loans and either fall to hell and die OR manage to get it all back together by avoiding the calls from creditors and students loans and get another job. You ignore all of the letters from creditors and student loans because for the first time in your life you're living normally. Still pay cheque to pay cheque but normally none the less. You have a gym membership and are eating healthy. You're attitude has changed. You've patched things up with your wife and you are just about to move in together again. You call student loans both provincial and federal to see if you can get on the new rap program and they tell you that to get on it you have to pay all the interest owed plus 6 months of consecutive full payments before you can apply. The interest owed is $3000 and the full monthly payments are $350 a month. You don't have that amount to give them and you can't even afford the monthly payments which is why you are trying to get on rap to begin with. Meanwhile you had to provide the lady on the phone at the student loans branch with your current work info so now they are calling you at work again. Begin from the top and repeat.
Please tell me who exactly is frustrating the system? The system appears to be frustrating us. I think it would be worthwhile to contact Johnny because I think you may feel you are frustrating the system when in reality you are just trying to look out for you and your loved ones to ensure and maintain shelter and food.
|
|
SolveStudentDebt
Moderator Group
Joined: 05/November/2003
Location: Canada
Points: 5996
|
Post Options
Thanks(0)
Quote Reply
Posted: 13/January/2013 at 1:30pm |
Frustrating the system: Being deceitful and having the intent to screw the system. Example: Gainfully employed people looking for ways to avoid repayment of all or a portion of the student loan while having the ability to pay, are benefitting from the education, and are not experiencing any hardship because of the student loan. Sure, it's nice to save a buck. However, the economic and educational crisis in this country is delicate enough and we do not need it further compromised by individuals with bad intentions who have not been wronged by it. Being "frustrated by the system" could be something as simple as "just being in debt" throughns no fault of the system. I have taken a number of people and banned them from service because of their desire to screw the system and attempt to force me to help them do it. Some people seek revenge against me online in different places, and of course, a tree is known by it's fruit, right. Angry and people with bad intentions behave the same way in their day-to-day life. If I am going to help people save a buck it has to be be for the highest good here. It has to be that way. It is a standard. As for the system frustrating borrowers, that is definitely a fact as it is so severely broken and not capable of managing the assets it is required to manage. In fact the human part of the system doesn;t even recognize what the assets are. If a person has been mistreated by the system and wrongfully placed in a situation that is destructive to one's financial posture and reputation as a consmer, I work with these people. Revenge though is not what I provide as a service. Justice and revenge are polar opposites.
|
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
|
|
Royal-NCO
Groupie
Joined: 17/March/2010
Points: 244
|
Post Options
Thanks(0)
Quote Reply
Posted: 13/January/2013 at 1:33pm |
Yes, sounds about right except it was alcohol and not drugs, and this happened before the relationship. The relationship actually pulled me out of that hell and got my life going again. I've never been in a position where I could pay which is why I am so frustrated. The errors made right at the beginning by Royal Bank and NSLSC denied me the option to get any kind of interest relief since I was never in a position to catch up on 9 months of outstanding interest when my back to school document was lost. I have never been able to manage the loans responsibly. They took that away from me with their error. I was in default right from the very beginning. Depression and alcohol followed that. Finally, I started to pull out of that. Found a beautiful and understanding woman. Had a baby. etc. .... and now here I am. Just beginning to pull my neck above water again. And what do they do? They lose all of my personal information!!
|
|
Royal-NCO
Groupie
Joined: 17/March/2010
Points: 244
|
Post Options
Thanks(0)
Quote Reply
Posted: 13/January/2013 at 1:45pm |
You also need to realize that my intended career was in finance. The simple act of throwing me into default by a major bank like Royal Bank, ended, or put a long hold on my career goals. Good luck getting any kind of security clearance with a bad credit rating.
|
|
philbain
Groupie
Joined: 03/September/2012
Location: Victoria BC
Points: 42
|
Post Options
Thanks(0)
Quote Reply
Posted: 13/January/2013 at 2:29pm |
Royal-NCO I think it would be worth it to get in a position of good faith so you are viewed in the eyes of the legal system as being unable to pay due to your finances, which sounds like that is the case, rather than not willing to pay due to your attitude and frustration. From reading the posts here I'm sure Johnny can help you into this position. Your alternative is to keep hiding from this debt until the CRA exercises right to set off and cleans out your bank accounts and garnishes your wages. It's best to get it sorted now before you have a bigger mess.
|
|
Royal-NCO
Groupie
Joined: 17/March/2010
Points: 244
|
Post Options
Thanks(0)
Quote Reply
Posted: 18/January/2013 at 3:06pm |
Philbain, I think I am ok, but I do need to get this evaluated. The Feds have made their next move. What was a single large loan owed for about $37,000 has beem reduced to the guarenteed portion of the Royal Bank Canada Student loan (CS1). I received a notice in the mail today with a minimum payment request. I believe the government has acknowledged the rest as Stats Barred. This portion however is likely not barred since the 6 year clock would have started ticking when the Feds took control. Johnny, how does this work on the CS1 loans ( 1994 )? Royal incorrectly set my end of study date at April 2005. Repayment would have had to begin November 1st, 2005. When would the Feds have taken control of the federal guarenteed portion? Found some money. Using money to buy used car so I can return to work.
|
|
philbain
Groupie
Joined: 03/September/2012
Location: Victoria BC
Points: 42
|
Post Options
Thanks(0)
Quote Reply
Posted: 18/January/2013 at 6:08pm |
Sounds like you're heading in the right direction. I have read a lot of the posts on here and it appears that Johnny can get your situation stable, organized, and eventually settled and back on track.
|
|
SolveStudentDebt
Moderator Group
Joined: 05/November/2003
Location: Canada
Points: 5996
|
Post Options
Thanks(0)
Quote Reply
Posted: 20/January/2013 at 2:29pm |
You Wrote: "The Feds have made their next move. What was a single large loan owed for about $37,000 has beem reduced to the guarenteed portion of the Royal Bank Canada Student loan (CS1). I received a notice in the mail today with a minimum payment request. I believe the government has acknowledged the rest as Stats Barred. This portion however is likely not barred since the 6 year clock would have started ticking when the Feds took control." You have something confused here. A CSL1 is a federally guaranteed loan and not a debt owed to Royal Bank. A debt owed to the bank is called a "CSL2", or risk-shared loan. The subrogation of a federal loan doesn't impact the limitation issues pertaining to the debt owed to the bank. They are two different issues at that point, even if the feds assumed control of a CSL2 under the put-back program. I really can't answer your questions and give you facts unless I have them from you. It would be quicker just to do an examination and discovery.
|
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
|
|
Royal-NCO
Groupie
Joined: 17/March/2010
Points: 244
|
Post Options
Thanks(0)
Quote Reply
Posted: 20/January/2013 at 4:01pm |
Thanks Johnny, Yes, I want to do a "discovery" too, but AFTER I am confident that all relevant limitation periods have passed. Let's not go poke at them and make them say, "Oh crap, we have only a few months left to sue this guy!" I realize that this debt is no longer held by the Royal Bank. I am simply saying that this was the debt that was originally managed by Royal. This was a debt originally acquired in 1994 when as I understand it, a portion was guarenteed by the Feds. It would only be logical to me that this CS1 loan is that guarenteed portion and you're quite right is NOT a loan held by Royal Bank anymore. However, I must admit, how the change over from 1994 to now effects old loans, does leave me very confused.
|
|
Royal-NCO
Groupie
Joined: 17/March/2010
Points: 244
|
Post Options
Thanks(0)
Quote Reply
Posted: 20/January/2013 at 4:11pm |
Having said that, maybe I am confused by the whole thing, and this CS1 loan has nothing to do with these old loans from 1994.
|
|
Royal-NCO
Groupie
Joined: 17/March/2010
Points: 244
|
Post Options
Thanks(0)
Quote Reply
Posted: 20/January/2013 at 4:43pm |
Quoting you from another thread: "The loan you settled was the risk-shared portion of your student loan. what you are describing is relating to the guaranteed Canada student loan that the government holds. You are part of the first generation student loan system and, once defaulted, the loans split into three, sometimes four parts. Johnny " So, this is one of those 3 to 4 parts that the Feds control, I believe. God only knows where the other parts are.
|
|
philbain
Groupie
Joined: 03/September/2012
Location: Victoria BC
Points: 42
|
Post Options
Thanks(0)
Quote Reply
Posted: 21/January/2013 at 4:48am |
Quote "Let's not go poke at them and make them say, "Oh crap, we have only a few months left to sue this guy!""
I don't think it works like that in the age of technology. I could be wrong but the collectors probably get a list of debts and categorize it into groups and then assign the debts to collectors.
I'm pretty sure if you inquire about a debt that the whole office doesn't focus their attention on you, especially when you have the support of someone that is assisting you in settling your debt be it stats barred or a meager payment plan. If I were a debt collector and John called me then I would most likely be happy that I had a file that I knew was going to close soon so I could focus my resources on other things.
I may be a tad bit generous assuming that debt collectors think with my thought pattern though.
|
|
administrator
Admin Group
Joined: 25/January/2003
Points: 1798
|
Post Options
Thanks(0)
Quote Reply
Posted: 21/January/2013 at 5:57am |
Just dont put anything in writing, maybe wait till john responds before you do anything...
|
Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
|
|