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How do I know if my loan has been written off?

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Royal-NCO Quote  Post ReplyReply Direct Link To This Post Posted: 28/June/2017 at 11:59am
Originally posted by Johnny Johnny wrote:

The only reason they would be looking at your credit history is if you owe them money for something, and it is not written off or barred.

I'm sorry, Johnny, but I disagree with this.  I have a creditor ( PRA Group ) that I know with certainty has no legal claim to money from me that continues to make soft enquiries.  
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Post Options Post Options   Thanks (0) Thanks(0)   Quote bladerunner12 Quote  Post ReplyReply Direct Link To This Post Posted: 28/June/2017 at 3:01pm
Thanks for the quick reply, I did not know they could do that. The liberals first budget meeting they said that they are giving them new powers to share information with other branches, and they stated tax information in particular. The article was from Feb 2017.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 28/June/2017 at 4:46pm
Administrator

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Mark O'Meara

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Royal-NCO Quote  Post ReplyReply Direct Link To This Post Posted: 28/June/2017 at 6:26pm
Originally posted by administrator administrator wrote:

PRA Group is a collection agency. They might now be the owners of some old debt...

https://www.bbb.org/western-ontario/business-reviews/financial-services/pra-group-canada-in-london-on-17560/reviews-and-complaints?section=reviews&reviewtype=negative


Yes, exactly.

A couple things happen with collectors

1) Their system is automated, and a refresh of your credit report ( through a soft enquiry ), may be automatically secured, despite debt being long since barred or paid off.  Soft enquiries are harmless, so you can in this case just ignore it.

2) Old statute barred debt may be sold to a company such as PRA Group.  Technically, this debt is still collectable, however not through legal action, and the collector can do a soft enquiry on you.  However, the debt is still statute barred.

My exception to Johnny's comment is only the part about it being still collectable if a Collection agency does a soft enquiry.  Well, maybe and maybe not.  You could fit into 1) or 2) above, and have a debt that is statute barred but still results in a soft enquiry.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 28/June/2017 at 6:37pm
My response to Bladerunner was concerning the government of Canada and no other party. The government of Canada does not view credit reports for debt that is not legally recoverable and written off. As for banks, private agencies, and debt buyers, they don't live by the same rules and code as the federal government does. 

Collection agencies collecting barred loans are not supposed to access though. However, since when do they follow the rules. It is up to the person who they are accessing information on to  file a dispute in the event the access pertains a legally unrecoverable debt. These are not permitted to be reported to a credit bureau. 

 
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 Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 28/June/2017 at 6:38pm
My response to Bladerunner was concerning the government of Canada and no other party. The government of Canada does not view credit reports for debt that is legally recoverable and written off. Error. 
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 Royal-NCO Quote  Post ReplyReply Direct Link To This Post Posted: 28/June/2017 at 6:41pm
Originally posted by Johnny Johnny wrote:

My response to Bladerunner was concerning the government of Canada and no other party. The government of Canada does not view credit reports for debt that is legally recoverable and written off. Error. 

Thanks for the clarification.  I've never seen an enquiry of any kind from either provincial or federal, however I may be an exception.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 28/June/2017 at 6:41pm
Unrecoverable. Legally unrecoverable. Dead Dang it. 

Let' try this again. 

My response to Bladerunner was concerning the government of Canada and no other party. The government of Canada does not view credit reports for debt that is legally unrecoverable and written off. As for banks, private agencies, and debt buyers, they don't live by the same rules and code as the federal government does. 

Collection agencies collecting barred loans are not supposed to access though. However, since when do they follow the rules. It is up to the person who they are accessing information on to  file a dispute in the event the access pertains a legally unrecoverable debt. These are not permitted to be reported to a credit bureau. 

You can't edit posts when you make a boo boo, Mark. lol Jeeziz. 
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 bladerunner12 Quote  Post ReplyReply Direct Link To This Post Posted: 28/June/2017 at 7:48pm
Thanks for the clarification, I guess that confirms my loan is not barred, but it will be in 3 months and I just got a voicemail from Cra to call themCry. Let the good times roll.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 29/June/2017 at 7:06am
CRA is more active now to catch loans before they succumb to a limitation issue.  The massive write-offs each year affect the government pocket, and that is why you hear more in the news now about CRA tax recoveries, and the more stringent rules and policies they are setting. They have to balance somehow, so they go harder and harder after tax debt to compensate. 



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 noneya Quote  Post ReplyReply Direct Link To This Post Posted: 13/July/2017 at 4:43pm
I have found a lot of helpful information on this site. I am hoping you can give me some guidance. I am helping a friend who has a student loan from 1990. She tried to go back to school in 2013 and was told that she didn't qualify for OSAP due to defaulting on a Guaranteed Student Loan. She received the funds through RBC and it was guaranteed by the Federal Government. To the best of her knowledge she did not make an voluntary payments, and the only payments made towards it were income tax and tax credit seizures. It's not on her credit bureau and as the 1995 Canada Student Loans Act is applicable as it was removed from active recovery in 2000. So the response she received back from EDSC under the HRSDC is that she would need to rehabilitate the loan and make 2 monthly payments to bring into good standing. The original outstanding loan was $2300 and in 2013 it was at almost $9000 with the accrued interest. I'm going to assume the interest is still accumulating. My question is that if it's statute barred and non-collectable, how can this just follow her for the rest of her life? There has to be a way to appeal based on financial hardship. I would appreciate any assistance you can offer.

Thank you,


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Post Options Post Options   Thanks (0) Thanks(0)   Quote Justang Quote  Post ReplyReply Direct Link To This Post Posted: 19/July/2017 at 12:44pm
That is my question exactly. I haven't been able to get a firm answer to this question but my feeling is that one would need proper representation in order to make these debts statute barred. The CRA doesn't seem to just make defaulted loans go away without a fight.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Oriromi Quote  Post ReplyReply Direct Link To This Post Posted: 19/February/2018 at 1:15am
Could you please post the jurisprudence that you were talking about? Thank you!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 20/February/2018 at 9:36am
Jurisprudence on what/ 
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 Hangfly Quote  Post ReplyReply Direct Link To This Post Posted: 01/March/2018 at 1:07am
Johnny are you and your crew taking any new client's?

My last student loan was in 2001 in Newfoundland. I worked for a few years small jobs, paid back a bit but then joined the military as reservist got PTSD overseas when back to school but only used the interest relief program up to 2011 while in school, no new loans.

Health matters meant I had to leave school in the winter and my loan went into repayment early without my knowledge after the Canadian student loan centre lost my interest relief form in the Fall.I was in such a mess healthwise that winter and ended up living with my parents had no income except some RRSP I unlocked due to hardship restrictions

While I was out sick and should have had a grace period which would have been fine as I was slated to return to full time studies within the grace period and I would have applied again for interest relief one last time and complete my studies but I was not aware or contacted by Canada Student loans until my loan had gone into default without my knowledge and my loans by that time had been forwarded to the CRA for collections who were the first people I heard from.

I was dealing life threatening mental health issues and this did not help the situation. I wanted to declare bankrupty but was told I could not on student loans because by using interest relief program I had restarted the clock. CRA called collecting on behalf of federal loans. They were actually understanding about not working, being sick and have pretty much nil income. My parents let me stay at home and I lived on less than $5000 a year which I got from unlocking some RRSP from my military service and used that to pay for school because at this point did not qualify for student loans even if i wanted to due to above mess.

I had maybe only $500 coming back to me on tax return from cashing out one small RRSP and was told by CRA person over phone that they would be taking that.That was in 2011 and I haven't filed a tax return since because a. I had nil to low income and b. I didn't want to restart the clock. C. I needed that money to live on and if I couldn't have it the hell I was going to let some bureaucrat take it because of this mess with CSL.

Prior to my illness I was a good debtor and served my country but I feel as if I have gotten the shaft by my government!
I haven't filed a tax return since because I don't want to restart the clock. I have only really gotten better finally this year and getting my life on track but still dealing with my illness. I want to file my back taxes to move forward. I know do not owe taxes to the government as my income was to small for most the years only federal student loan debt. I am hoping that maybe my debt is one that the government has written off by now...

So my question is has mý debt been written off or should I wait one more year before filing taxes to avoid restarting the clock. Is there anyone that can advise or help me with this issue?

Thanks so much Johnny
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 04/March/2018 at 12:01pm
What exactly is t that you want to achieve here? 

If you want to find out if the federal loan is statute barred/written off, or can be written off due to a limitation issue that may be there, then yes, I can. If it is not barred or removable, then what do you want to achieve, if this is the case? 
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 Hangfly Quote  Post ReplyReply Direct Link To This Post Posted: 05/March/2018 at 12:11am
I guess I am worried that if I file my taxes they will take my refund and apply it to the loan and I am not
sure if that will reactivate the loan/acknowledge it and start the whole process all over again. I want to find out if my loan can be written off due to the limitation issue. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 05/March/2018 at 2:59pm
Do you require the tax refund as  part of an income that will prevent losses, eviction/disconnection of any service, or health=related issue? 
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 Littlebear0321111 Quote  Post ReplyReply Direct Link To This Post Posted: 29/March/2018 at 10:56am
My Canada student loan of $40,000 was written off for failure to collect. My provincial student loans however are still being collected by Revenue Canada. They are taking all of my income tax refunds and G St. Why is it that my federal student loans got wiped out yet my provincial ones cannot
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 31/March/2018 at 8:29am
What province is collecting from you? 
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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