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Moving back to Canada

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Topic: Moving back to Canada
Posted By: Kath
Subject: Moving back to Canada
Date Posted: 18/January/2005 at 5:22am
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



Replies:
Posted By: kwelmm
Date Posted: 18/January/2005 at 6:19am

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--------- 



Posted By: Kath
Date Posted: 18/January/2005 at 10:00pm
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


Posted By: Kath
Date Posted: 18/January/2005 at 10:18pm
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


Posted By: momof2
Date Posted: 19/January/2005 at 3:42am

"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.



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professionals built the titanic but amateurs built the ark...


Posted By: Kath
Date Posted: 19/January/2005 at 5:22am
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


Posted By: momof2
Date Posted: 19/January/2005 at 6:30am

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.



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professionals built the titanic but amateurs built the ark...


Posted By: SolveStudentDebt
Date Posted: 19/January/2005 at 9:28am

 

 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  



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

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: Kath
Date Posted: 20/January/2005 at 1:47am
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.

à bîentôt,

Kath


Posted By: Kath
Date Posted: 20/January/2005 at 2:15am
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!


Posted By: momof2
Date Posted: 20/January/2005 at 3:28am

kath

email john at mailto:cfwgroup@tekcity.net - cfwgroup@tekcity.net



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professionals built the titanic but amateurs built the ark...


Posted By: Kath
Date Posted: 20/January/2005 at 4:45am
momo,

Thanks!


Posted By: sexymamma
Date Posted: 01/March/2005 at 9:46am
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.


Posted By: polyhymnia61
Date Posted: 01/March/2005 at 9:42pm

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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Home is where you are allowed to prosper.


Posted By: Kath
Date Posted: 01/March/2005 at 11:46pm
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


Posted By: Kath
Date Posted: 01/March/2005 at 11:47pm
SM
I suggest you ask Johnny, he always has great advise.
Good luck
Kath


Posted By: sexymamma
Date Posted: 04/March/2005 at 10:55am
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.


Posted By: sexymamma
Date Posted: 04/March/2005 at 11:15am
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.


Posted By: polyhymnia61
Date Posted: 04/March/2005 at 11:59am

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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Home is where you are allowed to prosper.


Posted By: polyhymnia61
Date Posted: 04/March/2005 at 12:07pm

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



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Home is where you are allowed to prosper.


Posted By: sexymamma
Date Posted: 04/March/2005 at 12:46pm
Thanks Poly!! I kind of thought that ohers may appear. So what do you suggest to me?? What are you doing about your loans??


Posted By: SolveStudentDebt
Date Posted: 04/March/2005 at 4:41pm

 

 Sexy,

 From what you are describing, you have Federal guaranteed and bank risk or risk-shared loans.

 You wrote:

 "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??"

 I am assuming you are referring to the CSLA and CSLFA (Canada student loans acts (program and financial assistance).

 For the federal government, there is a 6 year limitation period that restricts the government from collecting ther student loan. They cannot sue you after this limitation period which is 6 years.

 The statutes of limitation begin on the date that the government subrogates the student loan. This means that from the date that the government reimburses the bank for the guaranteed portion, the loan is officially in default and the limitation period commences. 

 It sounds to me like you need to know ALL who you owe, and what position these debts are in to determine what risks you may or may not be facing.

 If you want help and protection, let me know. It is part of what I do.

  

John LeBlanc
The Canadian Financial Wellness Group
 
Tel: (902) 464-8727
 
http://www.cfwgroup.ca - http://www.cfwgroup.ca

  



Posted By: sexymamma
Date Posted: 04/March/2005 at 6:51pm
Thanks Johnny!!!

this all is not easy to understand. So is there a way to find out when exatly this 6-year period started??

Is that part of your services?? What exactly do you do??

S.M>



Posted By: SolveStudentDebt
Date Posted: 04/March/2005 at 8:10pm

 

 Sexy,

 The limitation period starts at the date of subrogation for government guaranteed loans. For the bank risk loans, the limitation period starts on the date of actual default.  

 Look me up. I will explain all this in due process, and what I do.

 

John LeBlanc
The Canadian Financial Wellness Group
 
Tel: (902) 464-8727
 
http://www.cfwgroup.ca - http://www.cfwgroup.ca


Posted By: polyhymnia61
Date Posted: 04/March/2005 at 11:10pm

Originally posted by sexymamma sexymamma wrote:

Thanks Poly!! I kind of thought that ohers may appear. So what do you suggest to me?? What are you doing about your loans??

Weeeeelll...not much at the moment, lol!

Prior to discovering this forum, and subsequently receiving a letter of apology from the CIBC for screwing up my interest relief, I got a consumer proposal because I didn't think I had any other options...Kept the wolves from the door temporarily, but then I was laid off from my job last January and on EI...Still made payments, but got a month or two behind.

Then I made a crazy decision to get a life and moved to Holland to be with my fiance...I had nothing to lose and everything to gain: love, better job opportunities, and breathing space away from the collectors that would enable me to hold a job and not request stress leave due to the harassment...But as the Dutch Immigration Gods expect you to wait at least six months before they decide whether to allow you to stay and work, I had to default on the consumer proposal.

So I called Johnny, and he's helping me through all this until I'm back on my feet.

Poly



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Home is where you are allowed to prosper.


Posted By: sexymamma
Date Posted: 25/March/2005 at 10:32am
Hi Johnny,

I looked up your website....Since collecting agencies have not been able to find me, I do not really have any problems with them, but I would be interested to find out how and when it would be best for me to return to Canada. When did my limitation period start? Who and how much do I actually owe? What would happen if I got a job in Canada? etc.... Do your services include that kind of advising???

Thanks. S.


Posted By: sexymamma
Date Posted: 25/March/2005 at 10:41am
Hi Poly,

I do not think your decision to move to Holland was crazy at all. I think it was very brave. Certainly hope that you can get your immigration stuff figured out.

Are you planning to return to Canada at all?? Eventhough I like Europe (I was born here), I really miss Canada and would like to return to live there if I can find a way to figure out a way out of my mess.

Just this month I was back in B.C. for a visit. It was really nice.

How are things working out with Johnny's help for you??
Write soon.

S.


Posted By: SolveStudentDebt
Date Posted: 25/March/2005 at 2:56pm

 

 Sexy,

 Your problems are really not with any third-party sector. They are with the direct lender - and you need to know (if it interests you, of course) what the risks are associated with your indebtedness.

 In these types of cases, the last thing you want to think is "what I don't know won't hurt me".  If there are risks, you need protection - and a way to build a relationship with your lenders so the risks, fear, potential stress, and all of many other taxing psychotoxic occurences come into play.

 If you are able to repay your loans, you should. If youa re unable to pay your loans, then you need that protection, and ability to excercise your rights to be stress-free, safe, and happy. So, as long as your intentions are good, this is exactly what you will get from doing business with me.

 Lastly, Yes. My services include the counsel and advice you require. The services I offer are not just for student loan crisis, collection agency interventions, or consumer debt crisis intervention. Stress management and over-all wellness is what it is all about.

  

John LeBlanc
The Canadian Financial Wellness Group
 
Tel: (902) 464-8727
 
http://www.cfwgroup.ca - http://www.cfwgroup.ca


Posted By: SolveStudentDebt
Date Posted: 25/March/2005 at 2:58pm

 

 Sexy,

 Your problems are really not with any third-party sector. They are with the direct lender - and you need to know (if it interests you, of course) what the risks are associated with your indebtedness.

 In these types of cases, the last thing you want to think is "what I don't know won't hurt me".  If there are risks, you need protection - and a way to build a relationship with your lenders so the risks, fear, potential stress, and all of many other taxing psychotoxic occurences will not come into play.

 If you are able to repay your loans, you should. If youa re unable to pay your loans, then you need that protection, and ability to excercise your rights to be stress-free, safe, and happy. So, as long as your intentions are good, this is exactly what you will get from doing business with me.

 Lastly, Yes. My services include the counsel and advice you require. The services I offer are not just for student loan crisis, collection agency interventions, or consumer debt crisis intervention. Stress management and over-all wellness is what it is all about. 

 Sorry, I had to post this again because a word was left out.   

John LeBlanc
The Canadian Financial Wellness Group
 
Tel: (902) 464-8727
 
http://www.cfwgroup.ca/ - http://www.cfwgroup.ca


Posted By: WantOut
Date Posted: 25/March/2005 at 4:28pm

Sexymamma:  All I can say is, call Johnny.  He's got me feeling like there IS light at the end of the tunnel, and like a ton is off my shoulders, and we just started on my problems about a week and a half ago.  Do yourself a favor and at least call to see if he can help you (and he can in most cases ..... ).

Good luck with all this!  We're all behind you!



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In order to discover new lands, one must be willing to lose sight of the shore for a very long time.


Posted By: Kath
Date Posted: 28/March/2005 at 10:23pm
I just wanted to say thanks, you guys are great!

Johnny, I'll be in touch very soon. Polly, good luck! I too would like to move back to Canada ...

Take care
Kath


Posted By: polyhymnia61
Date Posted: 29/March/2005 at 9:08am

Originally posted by sexymamma sexymamma wrote:

Hi Poly,

I do not think your decision to move to Holland was crazy at all. I think it was very brave. Certainly hope that you can get your immigration stuff figured out.

Are you planning to return to Canada at all?? Eventhough I like Europe (I was born here), I really miss Canada and would like to return to live there if I can find a way to figure out a way out of my mess.

Just this month I was back in B.C. for a visit. It was really nice.

How are things working out with Johnny's help for you??
Write soon.

S.

Hey, SM...Sorry I haven't replied until now...I was laid up with a bout of food poisoning for a few days (self-inflicted...what a bonehead )...

Thanks for the support! As for returning to Canada, my fiance and I decided to give it five years here before we decide to jump the pond or not...Not here Holland, necessarily -- we filed a formal complaint with the IND because they haven't even STARTED working on my application for my work permit yet after six freaking months, and don't get me started on the other new anti-immigration regulations they've passed in the last year to discourage people moving to Holland for relationships  -- we're looking into relocating to the UK. I have an ancestry visa, he is an EU citizen and we have friends in Northumberland and Scotland. My son wants to move to Europe too after he finishes CEGEP, so I may be here for good.

Never been west of Winterpeg myself...My family is spread out from Toronto to Montreal...The east coast intrigues me the most because of its cultural similarities with Scotland and Ireland I think...My fiance is a musician with a deep love of traditional music, so I think we'd fit there nicely...My parents have offered to sponsor him if I can't because of these stoopid loans, so we'll see...

Poly



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Home is where you are allowed to prosper.



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