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 LockedAre OSAP loans time barred?

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    Posted: 23/January/2017 at 11:30am
I'm a Canadian living in the U.S for the past 19 years. Last October I received a letter from ARC stating that I had an outstanding balance. I wrote a letter back asking the validity of the debt. Today, I received a letter with some documents. One of the document stated claim for loss that was processed in 2004 by RBC. Prior to that, I graduated in 1996 and I did make payments for until I fell on hard times in early 2004. 

I examined the enclosed documents and there isn't any judgment from a court seeking the outstanding balance. Since it's been 13 years, this debt would have to be considered time barred and I'm drafting a letter stating since it's been so long, I have no legal right to pay it. 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 24/January/2017 at 4:21pm
You should be careful what you write in the letter.  If you acknowledge the debt then you lose your statute barred status.  Perhaps you should talk to a lawyer.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote steelheader Quote  Post ReplyReply Direct Link To This Post Posted: 25/January/2017 at 12:19am
I'm going to see an attorney this week and see what my options are. The confusing part is the statue of limitations, is it where I live or where the debt's from? 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote steelheader Quote  Post ReplyReply Direct Link To This Post Posted: 25/January/2017 at 12:22am
In the first letter, I disputed the validity of the debt as I did a great deal of research. Hoping this might help ex pats dealing with debt collectors
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 25/January/2017 at 9:52am
If you worded the letter in such a way that an admission of liability can be construed of it then the loan provider can use that against you.  Disputing it does not matter in the context on the law that prescribes what constitutes acknowledgment.  The law says that any written instrument, whether or not a promise to pay can be costrued of it, is considered an admission of liability. If you entered "without Prejudice" on the letter, then you are protected because that letter cannot be entered into any affidavit or court proceedings. If you did not write it "without Prejudice" then you could have undermined your own case. 

If the loan is a federal loan then there is no geographical issue pertaining to limitation issues. It is 6 years from whatever in deemed to be the date it became due and payable, or when the last admission of liability occurred.  

If the loan is a risk-shared loan owed to CIBC, RBC, or Scotiabank then it is still 6 years as cited above. 

If the loan is a provincial guaranteed loan then the law in the province you took the loan out in is what applies. For instance, if you live in BC and you owe the province of Ontario, and borrowed IN the province of Ontario, then only the Ontario limitation law (before April 1 2004 - or the amended one citing no limitations). 

I am an expert on these student loan limitation issues and most lawyers who know of me and my team usually call us for help on the matter. Ironically enough. I work with hundred of expats all over southeast Asia and Europe, UK, and South America.

Just don't get yourself caught up in a huge legal fee situation. THis sort of thing can be determined for as little a s a few hundred bucks. 

The bigger problem you have right now is determining if that letter you issued is in the hands of the loan provider's legal agent to determine if it can be used as an admission on your part.  

Best.   

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

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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 25/January/2017 at 9:57am
To insert above here, which somehow did not take: 

Hidden Risk: If the student loan is a provincial risk-shared, should there ever the case, then the applicable limitation law could be argued as the one belonging to the province that the loan was taken out in, and not the federal. 
  
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 steelheader Quote  Post ReplyReply Direct Link To This Post Posted: 25/January/2017 at 2:11pm
I used a sample letter and in it I stated that I don't owe the debt and I'm disputing the validity of it. As you know, according to the Fair Debt Act, the debt collector must show me proof.

If you and your team, have helped ex pats, is there a number you can give me?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 26/January/2017 at 6:15am
If without prejudice was not on that letter you signed and sent then it can or may be used, I am afraid to say. 

The FDCPA has sharper teeth for collection agencies in Canada who are collecting accounts that are assigned by US creditors. Your debt is Canadian. If you are a resident of the US then you can file a complaint under the FDCPA. Otherwise, you will have to put your faith in the provincial ministry in the province you took the loan out in. 

We have been working with expats all over the world since 2003. The student debt solutions part of CFWG is 866-239-7889 or 902-861-1210. 


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 steelheader Quote  Post ReplyReply Direct Link To This Post Posted: 26/January/2017 at 11:33am
Thanks for the info, much appreciated.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 27/January/2017 at 7:05am
No sweat. 
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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