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Kath View Drop Down
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    Posted: 18/January/2005 at 9:22am
Hi!
I have a very complicated story. I'll give you the short version.
I am not writing asking for moral advice because I know what I SHOULD do, but I'd like to know my options. I have a 30K student loan that I haven't paid. Five years ago I moved to France, got married, and am currently supporting my husband's education with my small income.

When I came to France I came to do my Masters programme. I spoke with the OSAP people and told them my situation explaining that I would be a student for the following two years ... after which payments would be difficult as my husband (at the time my future husband) would be a student. They told me that I had no choice I had to pay back the 300.00 per month right away ... bascially it was pay and starve or forget it .... I took the easy route (the only route)!

They sent letters, collection agencies called my parents house, but I never received a letter from any agency. Five years later and I am neck deep! We'd like to move back to Canada in a couple of years and I'd like to know what might happen. I am willing to pay (obivously) as soon as my husband starts working but if I am the only worker for our family (baby included) will they still garnish my wages? Also, I heard that after a certain amount of time it can be "forgotten" is that just stories? I don't even know where to start or where to find my loan (like I said I haven't received any letters).

Thanks for your help,
Kath
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kwelmm View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwelmm Quote  Post ReplyReply Direct Link To This Post Posted: 18/January/2005 at 10:19am

Hi Kath....I promise, no moral advice  

Being the only income for the family can be very difficult...I was in the same situation being the only one working until recently.  You have probably read elsewhere on here regarding "avenues of recovery" when collection agencies decide whether they should suggest a referral for justice--if not, it is well posted on!  There are steps to take before a referral for justice is even suggested. 

After a certain amount of time student loans can be "stats barred"--not forgotten!  You can read about that in the Canada Student Loans Act.

Kath-----WELCOME TO THE SITE--------- 

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Kath View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kath Quote  Post ReplyReply Direct Link To This Post Posted: 19/January/2005 at 2:00am
Thanks for the advice! I forgot to mention, I am still a student. I am finishing up my Masters (in canada it would be considered as part-time but in France that status does not exsist so I am considered as full time). My first year here I was finishing my BA with Canadian overseas credits, and ever since then I have beena student in France ... Do you think that this will change my situation?   

As for the collection agency, I just hink that it is werid that I have NO information. I haven't received a single letter from them. Do you know where I could find more informatio?

Thanks for the welcome, I think this forum is fantastic!
kath
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Kath View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kath Quote  Post ReplyReply Direct Link To This Post Posted: 19/January/2005 at 2:18am
Sorry just a little but more, GREAT ADVICE!

I looke dup the Canada Student Loans Act, and it says that "no action or proceedings shall be taken to recover money owing under a garanteed student loan more than six years after the day on which the mloney beocmes due and payable"

hum.... not too clear, so does "no action" mean that they can't come after me, but I still need to pay? Bizzare!

Thanks again, I've needed advice for a long long time, I am so happy tohave found some support
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momof2 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote momof2 Quote  Post ReplyReply Direct Link To This Post Posted: 19/January/2005 at 7:42am

"no action" means that you are not legally obligated to pay, however, the moral obligation is always there. 

be warned that the six year "stats-barred" thing can be difficult to determine depending on when the loan was considered in default.

OSAP has NO statute of limitations so they will pursue you until you die type of thing if they can find you. 

also a defaulted loan will stay on your credit report for seven years.

did you ever forward any of your overseas info to the CSL/OSL people ?  hard for them to tell you what's going on if they don't know where you are.

professionals built the titanic but amateurs built the ark...
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Kath View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kath Quote  Post ReplyReply Direct Link To This Post Posted: 19/January/2005 at 9:22am
momo,

thanks for your advice. No haven't given any information to the CSL (what is that?) But the bank has an address in Canada for me. If I contact them to find out what is going on, would that "re-start the clock" for the "stats-barred" thing?
I realise what I should do morally, and like I said previously, as soon as we have two incomes and we are both no longer students I will be more than willing to make an arrangement with them ...

I have never signed any agreements for repayments or anything so I assume (and you know what thay means) that it started in the summer of 2001 .. thus I have two more years to "wait". As for the seven year thing, that's pretty much what I had expected, once you get this deep in, your credit is pretty messed anyhow!

Is there any free legal advise aval. through the net that you know of ... could anybody suggest anyone?

Thanks again
Kath
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momof2 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote momof2 Quote  Post ReplyReply Direct Link To This Post Posted: 19/January/2005 at 10:30am

CSL - canada student loan.

have you checked with whoever is collecting your mail to see if there has been any attempt to take you to court or anything ?  they can and will try and get a judgement against you before the 6 year thing, in which case you are pretty well fubar'd.

as for advice, get someone to check the registry office where your mail is being sent and see if there is a judgement against you ( meaning you have been taken to court over your loans).  if this is clear then you're not in the water too deep yet.

you can wait a bit and see if johnny from CFW group answers your post - he knows the ins and outs of the student loan world.  his contact info is on the homepage, you could email him privately and see what he suggests.

professionals built the titanic but amateurs built the ark...
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Johnny View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 19/January/2005 at 1:28pm

 

 Kath,

 I believe you are referring to section 16.1 of the CSLA (Bill C-28).

 Once a CSL has reached a limitaiton period, the debt can no longer be recovered while it is barred. If it is acknowledged after the barred date, then the debt will survie the limitation period. This is the new ammendment passed by the house in August/2003.

 So, if your debt has been barrad AFTER August 1, 2003, then the debt will be removed from active collection until such time when it is acknowledged. If you make a payment, issue a letter, or re-apply for more student loans ... the debt will then return to active status.

 If the debt was barred BEFORE August 1, then the only way that the debt would survive is if you apply for more student loans - and are met with a condition to repay the old loans by rehabilitation, and then determine if more funding should be issued.

 Lastly, if a debt is barred, there can be no legal action taken to recover the money owed. This is standard for ANY debt.

 If you need help, let me know.

 Johnny  

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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Kath View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kath Quote  Post ReplyReply Direct Link To This Post Posted: 20/January/2005 at 5:47am
Wow you guys are fantastic thanks!!!   

I have been check ing my mail in Canada, and I haven't received anything. Actually, my mother told them that I no longer lived with her and since then they just seemed to drop it!

Also I just wanted to know if I'll have a fight if I talk about the fact that I am still a student (considered full time in France)?

Johney, get advice thanks!

I'll look into all this and I'll be in touch.

Once again thanks to everyone, I was feeling a little lost over here and I am so happy to have found a little adivce.

bentt,

Kath
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kath Quote  Post ReplyReply Direct Link To This Post Posted: 20/January/2005 at 6:15am
Hey johnny,

I've just realised that you work for a "legal assistance" company and apparently your fees are pretty good. Do you have a private email address that I could contact you at to discuss my situation in more detial? I'd really like to move back to Canada lastest 2007 and I'd liek to figure things out before ... the best way to fix this impossible mess.

You can reach me at:

kath_can_98@yahoo.com

This forum gives me HOPE!
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momof2 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote momof2 Quote  Post ReplyReply Direct Link To This Post Posted: 20/January/2005 at 7:28am

kath

email john at cfwgroup@tekcity.net

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Kath View Drop Down
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momo,

Thanks!
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Hi!!

I have been living in Europe for the past four years. I too escaped my student loans in desperation. In the next couple of years I would like to return back to Canada. I have 40,000 in federal student loans. The colleting agency has not found me, but I received one letter to my old address. They want 12,000. So what happend to the remaining 28,000??

I have not been able to make a living with my canadian education so I am back at school in Europe where it does not cost money for education. I am now trying to get trained in something that would help me to make a living.

Can somebody help me to understand this Student Loan Act?? Does it mean they really cannot do anything to you after 6 years?? (Limitation Period) and how do I know when exactly this time is up?? In my credit report there is no date of last activity. There is only a date at Prior Paying History (2001-01) is that it??

What would happen if I returned to Canada after the Limitation Period is over?? Could I get a job a would could they do to me?? Would the collecting agency try to get the 12,000?? And what happend to the remaining 28,000?? Should I try to settle?? Wait it out??

Thanks for your help.

S.M.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote polyhymnia61 Quote  Post ReplyReply Direct Link To This Post Posted: 02/March/2005 at 1:42am

Probably only one of your loans, either federal or provincial. The other will probably be with another agency...

Hey, as an aside, SM...how come you have free tuition where you are? Dual citizenship? From my research, non-EU students pay a couple of thousand Euros per year (still cheaper than Canadian tuition, but apparently it's going up, in Holland at least. A group of students at the University of Amsterdam got arrested a couple of days ago for protesting the rise).

Poly

 

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Kath View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kath Quote  Post ReplyReply Direct Link To This Post Posted: 02/March/2005 at 3:46am
Hey Polly,

Just wanted to let you know that in France (I can't speak for the other countries) even non-EU students only pay a small admin fee of about 250 euros.... also they have the right to "CAF" which is a sort of assistance from the gouvernment to pay their rent (max 250 euros/month)and in this admin fee they get a "free" private insurance! Books are almost free (I paid 50 euros for my entire Master year) because it is not monopolised by the universities, all bookstores sell the books you need. I strongly suggest the French route!

Kath
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kath Quote  Post ReplyReply Direct Link To This Post Posted: 02/March/2005 at 3:47am
SM
I suggest you ask Johnny, he always has great advise.
Good luck
Kath
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sexymamma Quote  Post ReplyReply Direct Link To This Post Posted: 04/March/2005 at 2:55pm
well not all education is for free in Europe. I am getting a nursing degree and that is for free. And there is jobs all in Europe and in Canada having that education.

Thanks for your advice Kath. I am new to this website (just discovered it this week), so can you tell me how I can ask Johnny for help??

Thanks. S.M.
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My question is: My Canada student loan is 40,000. NO provincial!! The collecting agency is trying to get 12,000. What happened to the 28,000?? If I come to an agreement with the agency will it be over?? Or will someone else try to contact me again??

Anybody know this??

Thanks. S.M.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote polyhymnia61 Quote  Post ReplyReply Direct Link To This Post Posted: 04/March/2005 at 3:59pm

SM...your loan may be split between the Crown and the bank...I had three (count 'em!) collection agencies after me just because the rules kept changing over the years I was a student.

Odds are (coz it happened to me) if you settle with one, another will appear out of nowhere...

Johnny can be more specific...

Poly

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Post Options Post Options   Thanks (0) Thanks(0)   Quote polyhymnia61 Quote  Post ReplyReply Direct Link To This Post Posted: 04/March/2005 at 4:07pm

Originally posted by Kath Kath wrote:

Hey Polly,

Just wanted to let you know that in France (I can't speak for the other countries) even non-EU students only pay a small admin fee of about 250 euros.... also they have the right to "CAF" which is a sort of assistance from the gouvernment to pay their rent (max 250 euros/month)and in this admin fee they get a "free" private insurance! Books are almost free (I paid 50 euros for my entire Master year) because it is not monopolised by the universities, all bookstores sell the books you need. I strongly suggest the French route!

Kath

Ehrm...if I speak French you mean, lol! Actually, that would be interesting for my son...he's bilingual...hmmmm...

In the Netherlands (probably because they are trying to discourage immigration, hence they are dragging their heels authorizing me to work here), non-EU students and EU students over the age of 30 pay about 1,500 euros per year.

I have to start believing that after two degrees I'm educated enough! Now to convince employers...

Poly

Home is where you are allowed to prosper.
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