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leezer View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote leezer Quote  Post ReplyReply Direct Link To This Post Posted: 07/August/2004 at 8:10pm
Yup slats....keep diggin' thru this site and you'll find lots of us.
Apparently most people repay. I however did repay my grant
and it seems the gov. at the time misapplied some portion of
the payment. I seems now the ontario gov. wants me to
repay....

not happin'
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ANNM04 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ANNM04 Quote  Post ReplyReply Direct Link To This Post Posted: 09/August/2004 at 8:01am
I'm in the same situation. The advice I received up to now is not to give the CA a dime because there is a statute of limitation and the case would unlikely go to court. (read under topic "Isn't there a statute of limitation?). Good luck.
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khsu View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote khsu Quote  Post ReplyReply Direct Link To This Post Posted: 19/August/2004 at 7:53am
Hi, just wonder if there any follow-up?

I received another phone call from the collection agency today.  The agent tried very hard to convince me it was my fault not filling in the correct info when I file my OSAP application.  I  had to hang up on him eventually.

It has been 10 years since I received OSAP, and during this time I had been working abroad for six years.  I can't believe they can still come after me...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 19/August/2004 at 10:48am
Seems the Ontario Government has gone back over its files for the last ten years and is trying to collect grants that now are deemed as overpayments.

Instead of sending out notices, these grant overpayments were sent straight to a collection agency.

How are people dealing with this?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 19/August/2004 at 10:51am
Tories go on student-loan collection binge
CAMPUS    

The Ministry of Colleges and Universities is dredging up ghosts of Ontario student loans past. Way past.

Take the case of Shawn Whitney, a grad student at York who got a letter last week telling him he has 30 days to return a grant overpayment of $1,050 dating from, like, 1989.

"It takes them 11 years to get their act together, and they want me to work out repayment arrangements in 30 days?"

The letter sent to Whitney claims he couldn't be located, but he has received money from OSAP several times in recent years.

Says Dave Ross, a spokesperson for the ministry, "We have to be fair to the taxpayer whose hard-earned money supports student assistance plans."

Joel Harden, chair of the Canadian Federation of Students, says the province is "nickel-and-diming." He estimates that more than 20,000 students, some with loans dating back to the 70s, can expect the ministry to come calling.


From http://www.nowtoronto.com/issues/19/24/News/brief.html
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khsu View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote khsu Quote  Post ReplyReply Direct Link To This Post Posted: 19/August/2004 at 11:52am
This is my story:

I just found out that I had problem with OSAP. I
borrowed a Student Loan in 93/94 (I can't even
remember the amount now...I thought this matter
ended long ago). The OSAP representative told me that I
was exampted for around $3000+ and didn't have to pay
the full amount back, so I didn't when I graduated in
94.

After I graduated, I worked abroad but I did made
occasional visits (a couple of weeks every couple of
years) back to Canada. I lost my job at the end of
2001 and moved back to Toronto.

A couple of months ago I received a phone call from
a collection agent, he said that Ontario Government
decided they have made "overpayment" when they gave
me the loan and they want their 3000+ dollars back. To
me it's quite a shock since I have never heard
anything from them for the last nine years and
thought I have settled that problem long ago. I have
been unemployeed for years and really have no money to
pay.

Please help.
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khsu View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote khsu Quote  Post ReplyReply Direct Link To This Post Posted: 19/August/2004 at 11:54am
Hi everyone:
I’ve spent the last few days reading all the threads in this website, and came up with the following conclusions:
 

1.      Statute of limitations of OSAP:  it seemed that there “appears to be no statutes in place per the provincial guidelines and limitations act”.(from Johnny)  I think just because nothing is in place in the government’s own guidelines and acts, doesn’t mean none exists.  If our cases are brought to the court, the judge would most likely look for other legislations as references to determine statute of limitations for OSAP.

 

2.      Since Canada Student Loans Act is a federal legislation, it should overpower a provincial one.  The court judge would most likely use this a the reference for determining statute of limitations for OSAP, meaning that statues of limitations on OSAP is 6 years.

 
Am I correct in reaching the above conclusions?  It would be great if we can get a legal confirmation on this matter.

Edited by khsu
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Post Options Post Options   Thanks (0) Thanks(0)   Quote leezer Quote  Post ReplyReply Direct Link To This Post Posted: 20/August/2004 at 12:33am
Hi everyone,
I too had received notification from a CA in May 2004
attempting to extract $930.00 from me from a 1988 OSAP grant
reassement that was in fact repaid in full. I filed a formal
complaint with the Ontario Ministry of Business and Consumer
Services, Collections Agencies Division; copies to the CA with
an order to them to cease and desist all further wrongful action
against me; and all documents forwarded to my MP Bill Siksay,
NDP Burnaby North.
Telephone calls from the CA have now stopped. My MP Bill
Siksay has agreed to advocate on my behalf. I can't say if the
matter is resolved at this point, however I suspect that my file is
probably "flagged--troublemaker" at the CA and left to cool for a
while....
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Post Options Post Options   Thanks (0) Thanks(0)   Quote billw Quote  Post ReplyReply Direct Link To This Post Posted: 24/August/2004 at 12:48am

Limitation on OSAP overpayments

Dear Comrades,

Grant overpayment nightmares eh?  Well much like the lot of you they called me out of the blue over 10 years after the fact.  The fact is the statues of limitations on OSAP (which falls under the Canada Student Loans Act) is 6 years!  Check out the link below or punch up CSLA under google.

http://www.parl.gc.ca/37/2/parlbus/chambus/house/bills/gover nment/C-28/C-28_4/90218b-2E.html

Now should you wish to dispute this, contact the people at the Collection Management Unit, at the link below.  I do however suggest that once they have contacted you, try sending a letter from a lawyer or paralegal (they are cheaper and just as efficent).  First of all to inform you of your rights, secondly they will take you seriously.

http://www.pace.gov.on.ca/paceweb/owa/intergtd_en.disp_offic e?IN_UNIT_ID=UNT0003895&IN_GTD_SERVICE=GTD

Now the manager's name is Vijay, who is a very angry and unpleasant individual, I suggest try dealing with his manager, who you can find on the link.

I wish you all luck, because like the most of you I went through the injustice, verbal abuse and frustration of trying to cooperate with our government, and what for?  An error they made?!

 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote khsu Quote  Post ReplyReply Direct Link To This Post Posted: 24/August/2004 at 4:56am
billw:

Thank you for the info.  It is definitely a relief!

You mentioned sending a lawyer letter; do you know any lawyer or paralegal who might be familiar with this issue?  I think most of us would eventually need a lawyer letter to stop the harrassment.

A CA called me last week asking me to return the overpayment from a “loan forgiveness” that was given to me 10 years ago.  He kept saying it was not a loan…I think LF falls under the limitation doesn’t it?








Edited by khsu
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Post Options Post Options   Thanks (0) Thanks(0)   Quote owenothing Quote  Post ReplyReply Direct Link To This Post Posted: 24/August/2004 at 8:02am
Caution people (for those who have no intention to pay):

DO NOT IN ANY WAY ACKNOWLEDGE YOU OWE THEM MONEY!!

At the last portion of the CSLA, it is stated that once the borrower acknowledges the debt in any form, the statute of limitations will nullify even after 6 years.  That means they can come after you again.

Now I understand why CA is trying so hard to get me "acknowledge" the overpayment.


Edited by owenothing
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Post Options Post Options   Thanks (0) Thanks(0)   Quote khsu Quote  Post ReplyReply Direct Link To This Post Posted: 25/August/2004 at 2:49pm

One week after hanging up on the CA, I received a letter from Collectcorp today, threatening me that if they don¡¦t receive a payment or hear from me within the next 24 hours, I will leave them no alternative but to advice their client ¡§of the most efficient method of collecting this account.¡¨  

 

Was it a bad idea to ignore the CA?  If any one can offer a suggestion on what to do, I would really appreciate.

 

 



Edited by khsu
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Post Options Post Options   Thanks (0) Thanks(0)   Quote billw Quote  Post ReplyReply Direct Link To This Post Posted: 25/August/2004 at 5:27pm

Hey khsu,

I have dealt with Collect Corp and my suggestion to you is tell them you are dealing directly to the manager at Collection Management Unit, his name is Vijay Khandi.  Or file a complaint against Collect Corp with the CMU, with a Customer Service Rep (you can find the number on my previous message, the second link) and they will have a manager contact you.

I can forward you the info for the paralegal I am using if you wish, but I live in Toronto?  Not sure if that is convienent for you or not?

Now I suggest a formal letter in writing for two reasons; so you never have to deal with these people again.  Once you hire a para legal the letter will state that all future dealings will go thru him, if any?  And in the event they try passing your monies owed to another collection agency, guess again?

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Post Options Post Options   Thanks (0) Thanks(0)   Quote khsu Quote  Post ReplyReply Direct Link To This Post Posted: 25/August/2004 at 7:53pm

Hi billw:

 

Thank you for your help¡KI am so relieved to see your suggestions.  I will call Mr. Khandi first thing tomorrow morning.

Please forward the info for info for the paralegal you are using to my email.

Should I just go to them and tell them what I need, or do I need to come up with a draft? Do you know how much it will cost?

Thanks again.



Edited by khsu
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BigFatherA Quote  Post ReplyReply Direct Link To This Post Posted: 25/August/2004 at 7:57pm
khsu:  The most efficient method is to harrass you untill your brain falls out and you somehow agree to pay them!  The minister in charge is already quoted that they won't (probably because they legally can't) sue these accounts. 

Your response should be: Claim Denied!


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Post Options Post Options   Thanks (0) Thanks(0)   Quote billw Quote  Post ReplyReply Direct Link To This Post Posted: 25/August/2004 at 10:56pm

khsu - I just sent you an e mail check it out!

BigFatherA - for the most part I agree with you, but these people will not stop, not to mention after awhile they will just switch your file over to another collection agency and they will just keep on harassing you til the end of time.

Collection agencies work on percentages, so after 6 month to a year the file is deemed "uncollectable", but that does not stop other agencies from coming into the picture and offering taking a lower cut to get more money.   

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Post Options Post Options   Thanks (0) Thanks(0)   Quote BigFatherA Quote  Post ReplyReply Direct Link To This Post Posted: 26/August/2004 at 12:40pm
That is definately a problem.  Some collection agencies have a dead pool (my term) where "non-compliant" accounts go onto a list which collection agents can pull and try on a semi-regular basis.

I don't have a ready solution, except to remind everyone that we're in this together, and I keep you all in my prayers

We all need to be responsible for our real obligations, first to ourselves and our families and friends. 

Debt, both real and imagined, should be dealt with by all parties with realism and compassion.  But when that fails, I have no problem with self preservation. 
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khsu View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote khsu Quote  Post ReplyReply Direct Link To This Post Posted: 26/August/2004 at 1:09pm

Thank you billw and BigFatherA for your support.

 

I followed billw¡¦s suggestion and got my problems straighten out.  Let¡¦s just see what happens (I suspect nothing will happen).

 

As for the obligation bit¡Kjust because I don¡¦t have much money, doesn¡¦t mean I am at fault.  I don¡¦t borrow money, I don¡¦t rely on welfare.  When my family requires money, I would just starve myself and give them the money.  I don¡¦t have money but live honestly, that is until the Ontario government came over and set me up as the bad guy.

 

BigFatherA is right¡Kwe are all on this together.  If we choose to just mind our own business, then it would be really easy for the government to break us one by one.  It is only a matter of time.

I was thinking about writing to my MP¡Kbut I was told that MP would probably think this is not a worthwhile matter.  If we can work together, sign a petition form or something, our MPs might take us more seriously.  With more of us, we can also write to the media and get the whole scandal exposed.  What does everybody think?

 



Edited by khsu
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Post Options Post Options   Thanks (0) Thanks(0)   Quote leezer Quote  Post ReplyReply Direct Link To This Post Posted: 26/August/2004 at 7:23pm
I wrote my MP and he took the matter seriously and responded
on my behalf with a letter to OSAP telling them to back off.

He supported my claim that after 16 years I have no
documentation to prove my full payment (they dispute a
missing partial payment) and I am not legally obligated to have
kept such records after this length of time and I still maintain
that there is no claim against me.

So it is definately worth contacting your MP khsu!
good luck
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Guests Quote  Post ReplyReply Direct Link To This Post Posted: 26/August/2004 at 9:00pm

Leezer, It's so unusual to get help from a politician that I think you ought to post his name! We ought to acknowledge it every time somebody steps into the ring for us. Positive feedback can only help.

I'd go farther and suggest that everybody send him an email or a letter thanking him.

In fact, Moderator? maybe we could set up a forum for just that...a place to thank and publicise those public servants who show any interest in these issues. As it stands, it will take up very little space...

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