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valerielynn View Drop Down
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    Posted: 05/April/2004 at 11:54am

Greeting.

I was just contacted by a collection agent telling me that A grant/bursary I received was in collection.  It was decided that I made too much money and the Ontario Government wanted $1,100 of the money back.  The last time I got a grant/bursary was in 1988.  Is it possible they can come after me after all of this time?  I haven`t been that hard to find.  When I told the collection agent that this should be statute barred (I work in a bank an we now have a 2 year statute) I was told that there is no statute of limitations for the crown and that if I don`t pay within one week they will report it on my bureau.  

ANy advice out there?

 

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russ View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote russ Quote  Post ReplyReply Direct Link To This Post Posted: 06/April/2004 at 10:31am
Hi I got the exact same call for the exact same
situation, There are a few others on this site in
different posts as well. From what I have found out
so far is that OSAP has no stats barred
consideration, and they can't report you to the
bureau either. When the agency calls again ask
them to supply you with supporting documents of the
debt as they can't initiate any action until 30 days
after you receive that. They will try to tell you to get it
from OSAP but they have to suply it to you themself.
     From what I have read here is that this might have
been a " purchase receivable " account that OSAP
sold ta an agency for there own interests. I have a
post under dealing with collection agencies.
   Let us know if you find out more info, together we
might have a better chance at fighting this.
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valerielynn View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote valerielynn Quote  Post ReplyReply Direct Link To This Post Posted: 08/April/2004 at 7:58am

Russ,

Thanks, I`ve asked for the documents and been told they are on the way.  Once again the agent informed me that if I did not pay within 1 week I would have it reported on my bureau.  I responded that if that in fact happened I would be suing her and her agency.  That pretty much shut her up.  I work for a bank, so I will keep an eye on my bureau over the next months.  Once I get a look at the documents and see why they changed the status of my bursary I will update the site.  Thanks for the advice.

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tanyaxoxo View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote tanyaxoxo Quote  Post ReplyReply Direct Link To This Post Posted: 12/April/2004 at 11:22am
I do not believe the Statute of limitations applies to student loans. I
was wondering, since you work at a bank, if you know how the new
statute of limitations affects older claim... ie if a claim was sent into
collection a year ago it was still under the old statute, do they still
have 6 years to collect in court, or does the new statute give them
only 2 years now?
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valerielynn View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote valerielynn Quote  Post ReplyReply Direct Link To This Post Posted: 12/April/2004 at 12:04pm

Tanya,

The new statute applies to old as well as new.  They only have two years from the time of your last acknowledgement of the debt (payment).  Unfortunately, with provincial loans it appears the government has exempted themselves from stat barred status.

Valerie

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valerielynn View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote valerielynn Quote  Post ReplyReply Direct Link To This Post Posted: 12/April/2004 at 2:45pm

That`s correct.  This does not apply to student loans however.

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tanyaxoxo View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote tanyaxoxo Quote  Post ReplyReply Direct Link To This Post Posted: 12/April/2004 at 3:15pm
Thank you very much. I'm sorry that it doesn't apply to student loans
... the government always finds a way to screw people...
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redmachine View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote redmachine Quote  Post ReplyReply Direct Link To This Post Posted: 17/April/2004 at 4:04pm

I to have received this call recently. Collect corp is telling me that I have to repay $3100. I asked for documentation and was told that they'd send it and I have 30 days to repay that grant money. The last OSAP I received was in 1992. I was told my parents income had been reassessed. I am presently off work due to an injury and am in a WSIB appeal. I am not getting any money at the moment from any sources so needless to say this didn't come at a good time. I can't believe they can go back 12 years and suddenly expect you to just pay them. You only have to keep tax records for seven years. Any advise would sure be appreciated.

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foreverindebt View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote foreverindebt Quote  Post ReplyReply Direct Link To This Post Posted: 19/April/2004 at 1:54pm
Here's my advice, tell them you're not working and have no money. If they continue to harass you, tell them to take a flying f**k at a rolling donut. 
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redmachine View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote redmachine Quote  Post ReplyReply Direct Link To This Post Posted: 19/April/2004 at 2:24pm
Today I received a letter from Collect Corp informing me they have received no responce to their corespondence. I phoned them and was told not to worry it's just a standard letter. They have requested my info and told me no action would be taken untill 30 days after I get the documentation. I phoned the OSAP office in Thunder Bay and was told that the collecters have requested my file and that untill it is received they have little info for me. They told me to contact The Central Management Unit in Toronto. They said that because I reqested my file the account is automatically on hold for 90 days. I was also told that there is no statute of limitations on debts to the Crown for moneys owed to her majesty. It is rediculous that a free country such as Canada has laws in place stating that there is a six year limitations on debt collection but that it doesn't apply to a figure head of another country.
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russ View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote russ Quote  Post ReplyReply Direct Link To This Post Posted: 12/May/2004 at 2:01pm
valerielynn
I was wondering how things are working out with
your osap grant overpayment? I have been elevated
to the next collection agent when I told them that I
was filing an appeal to osap over their ruling of my
grant. That made the cbcl very angry ha ha ha.
anyway please keep us up to date.

Russ.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Hami Quote  Post ReplyReply Direct Link To This Post Posted: 13/May/2004 at 1:02pm

Thought I would share my experiences with this grant overpayment crap.  I recieved a call in Mar from a collection agency stating money due in full, bla bla.  Well this grant was given to me in 1991, so that's a very long time for the provicial gov to take no action or attempt to notify me about this overpayment.  The agent responded that they only had the last address from when I was in school, to which i stated that I have a provincial health card & drivers licence with my current address?!?!  I wrapped up the phone call with "wouldn't this so called debt fall under the statute of limitations?"  She replied "Provincial debts have a 20yr window in which to collect, are you currently employed?"  I said that's non of your business & she hung up, & I never heard from them again.

  A couple days ago my wife get a letter from a different collection agency and a phone call the same day.  Same bs they told me, my wife also went to school in 91 & this agency was claiming she owed back for an overpayment.  My wife told them to take that big rubber stamp that says "Stats Barred" and stamp it on her file.  The agent told her "You know how many times people say that to me, you don't understand the laws"  My wife told the agent she was disgusted how they are trying to bully people into paying them for a debt they bought off the government.

From what I've read on this forum and other places , only loans are exempt from the statute & that changed fairly recently.  The statute is 6yrs in every province accept for Alberta(I think).  The arguements that agents give after being told stats barred, are all over the place.  This inconsistancy shows they are just making it up, and people they are calling get confused and there confidence is shaken not knowing for sure how this all works.

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waku View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote waku Quote  Post ReplyReply Direct Link To This Post Posted: 14/May/2004 at 9:24am

I would just like to clear up an issue, since I can't seem to find the actual answer anywhere in the forums.

Like several other people, I received an Ontario Study Grant for the 91-92 program year. A reassessment was done on 11/03/92 and it was decided that I received an overpayment of $570.00. Apparently the OSAP office sent out letters on the following dates: 11/27/92, 05/13/94, 08/26/94 and 03/31/00. In March 2004, my account was turned over to TCH Alliance One, who also sent out a letter demanding payment on 03/19/04, and then began calling me thereafter. I have never made any payment or acknowledged this debt and really don't plan to start. Anyways, to make a long story short, is there a statute of limitations regarding Ontario Study Grants (ie: 6 years, 10 years, 20 years to collect) before they are written off and the file closed? And where would I be able to find that information to tell the collection agency to stuff it?

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Post Options Post Options   Thanks (0) Thanks(0)   Quote notzippy Quote  Post ReplyReply Direct Link To This Post Posted: 20/May/2004 at 10:44am
Hi

I recieved a notice also for a OSAP grant overpayment. Apparently my parents income was reassesed (for the years 87-88, 88,89). They claim they sent out a reassesment notice in 90 which I never received. Now collectcorp is sending me nast emails saying I must "this is you last oppertunity to resolve this debt in an amicable voluntary manner"
WTF !

Has anyone got a definitive answer on the statute of limitations on grants by the ontario goverment. H*ll I've been living and working in ontario (since school) and this is the first I've heard of my outstanding debt.....

Help ?!?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote leavingcan Quote  Post ReplyReply Direct Link To This Post Posted: 23/May/2004 at 12:50pm

I'm no expert and you may wish to run this by Johnny, but -

Limitation periods can vary province to province.  There is a distinction between (1) a limitation period (how long the government or the agency to which it has assigned the debt can take to sue you) which could be 6 years or some other period and (2) the period a judgment (on the debt awarded by the court after the government brings an action against you) stands which could be twenty years.  This is a distinction likely to be lost on a collections agent.

If you think your claim is statute-barred (i.e. the government did not sue on the debt in time) tell the collection agent that your address for service of their claim is "X (state your address)" That is legalese for "F**k off and die - you have no case"  If they file their claim you file a defence on the basis that the action is statue barred.  Tell them if they fail to file within thirty days and continue to call you that you will seek a restraining order from the courts and remedies from the phone company against their business.

I don't know about the Crown in Ontario being exempt from the limitations periods.  That could vary from province to province.  I think there was a tax case brought by the feds which they lost on the basis that the case was statute barred - so if it is a federal debt the limitations period (likely of in the province in which the loan was made, though you should get advice on this) applies. 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote leavingcan Quote  Post ReplyReply Direct Link To This Post Posted: 23/May/2004 at 1:27pm

Don't take this as legal advice and do try (if you're in Toronto) something like a poverty law clinic:

More on the Ontario stuff.  I had a quick look at the Limitations Act in force now and it seems to be the case that there is no limitation period for the Crown collecting on debts, etc.  Someone should attack this - and maybe someone other than student debtors will as it affects poverty law generally...

But for any given individual  it MAY depend on what the Limitation period used to be.  If the claim expired before the new Act came into force then it could still be statute-barred.  It's a bit beyond me to look up the old Act...

I'll try pasting the new Act. Hmm - didn't work.  Try going to LexUM, look up the Ontario Limitations Act and check the section called Transition. 

Anyway, hope this helps in some way...

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 24/May/2004 at 12:18pm

 

 The statute of limititations for CSL debt is 6 years across the country. Bill C-28 is relevent to the CSLP. As for provincial loans in the province of Ontario, there appears to be no statutes in place per the provincial guidelines and limitations act. In other provinces there are statutes in force.

Now, as for judgment accounts, the statute is 10 years for the federal government. If the government does not "renew" the judgment before 10 years has passed, then the statutes would come into force.

 

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 oracle_sue Quote  Post ReplyReply Direct Link To This Post Posted: 26/May/2004 at 6:41am
I also received the call.  I received a grant in 1982 and my mother's income was reassessed.  I now owe $1840.  I received my first call in 1992.  The first collection agent was very threatening and I told them to go pound sand.  I did not hear from them again, however a different collection agent called me 3 weeks ago (12 years later) and the case still lives.  I had quite a good conversation with this person.  It will NOT be forwarded to the credit bureau.  I asked about the likelihood that if I ignored this again would the provincial government take me to court for the money.  The agent told me that only those cases forwarded by his office would be considered.  He said that the main factor is the dollar amount, and that in my case, he would most likely not forward the case.  I thanked him for his opinion and I await my next phone call in 2014! 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Hami Quote  Post ReplyReply Direct Link To This Post Posted: 27/May/2004 at 12:21pm

  Just an update on my situation, well after hearing nothing from the collection agency for 3 months a different agent called and left a message on my machine last friday.  I didn't respond and was paged at work yesterday and discovered the agent calling me at work!!!!  I was pretty upset that they were calling my work, and surprised that the agent gave the intro like this was their fist contact with me about this.  I told her that I had already spoke to them about this 3 months ago, and stated for them to file thier claim & stop calling me.  I also stated that my file is stats barred, the agent kept saying "why, why?".  I hung up on her, and she called back paging me again.  I told reception that these calls are unwanted and to tell the company they will no longer accept calls from them for me.  I came home to a message from a office supervisor from the agency stating I must call them back befor 5 and that I'm very misinformed.

  Needless to say I' didn't call them back & so far have not been called at work again.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote slats Quote  Post ReplyReply Direct Link To This Post Posted: 07/August/2004 at 1:29pm

I recieved a call from canadian bonded credit limited.  They said I owe $1800 for a ontario grant overpayment from 1992. 

Has anyone ever had this happen.  I finished paying my loans off in 1999.  I was suprised to get this call.  There is no way in hell I will ever pay them.  I would definately go to court first.  Anyone had anything similar happen to them.

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