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Statute of Limitations & Bank Risk Student Loans

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Forum Name: Collection of Old - Stats Barred - Loans
Forum Description: Post questions about old loans and Statute of Limitations Issues
URL: https://www.canadastudentdebt.ca/forum_posts.asp?TID=6215
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Topic: Statute of Limitations & Bank Risk Student Loans
Posted By: SolveStudentDebt
Subject: Statute of Limitations & Bank Risk Student Loans
Date Posted: 23/September/2011 at 5:38am
I receive a lot of calls from people inquiring about limitation issues. The most popular questions being raised are: "Is my loan statute barred?" or, "Why wouldn't my loan be statute barred?". 
 
First of all, this cannot be answered without examination and analysis of the loan, it's history, and yours as well in respect ways in which you have handled it. Also, the examination and analysis of different legislations to determine if they apply or not in your paticular case, and the examination and analysis of the system's actions behind the scenes.  Age of the debt and whether or not you paid attention to it is only a minor part of the equation.
 
Another question is: "how long does it take to find out?". I do these studies for businesses and indivuduals and somewtimes it takes weeks and other times it could take up to a year or more, depending on the complexity of the case.
 
If you want a limitation study performed then you certainly have to be prepared to be patient. Banks are most resistant with these matters. They are defiant to the VERY end and it is a LOT of work.
 
For people who were involved in the first generation of the student loans program (that being the risk shared program), loans that were taken out between 1996 (and earlier) to 1999 may find a benefit of limitations in cases where the borrower has not engaged in any action or communication for a lengthy period of time. 
 
Borrowers who participated in the 2nd generation (Federal and Provincial Integrated) who have graduated or withdrew from studies before 2004, and entered into default with the Federal guaranteed loan before 2005, and have  not engaged in any action or communication for a lengthy period of time (post default) may also find benefit of a limitation issue.     
 
In closing, I want to discuss a limitation as a benefit is it is beneficial to a student loan borrower who is experiencing hardship with extenuating circumstances, and is unable to repay the student loan, and has not been in a position to repay the student loan demands due to hardship over time. People who have the ability to pay, and have benefitted from the education received, should honor the financial responsibility regardless of a limitation issue. 
 
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



Replies:
Posted By: debtfreeforlife
Date Posted: 23/October/2011 at 5:17pm
Hello, reading some of the old posts about statute of limitation....   I'm looking for further information regarding the limitations on the BC portion of Canada student loans. 

In one of the threads you mentioned doing further research, and I'm curious to know if you found any definitive answers regarding said limitation.

Thank You


Posted By: SolveStudentDebt
Date Posted: 24/October/2011 at 3:20pm
I have all kinds of completed analysis and intelligence in respect to limitation issues. What is it in particular that you want to know?

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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: kadavica
Date Posted: 25/October/2011 at 3:49am
Hello, I was asking elsewhere about what might be the status of my old loans.
I had an OSAP loan sometime in 1988-89 and then provincial Quebec loans to attend university which I left in 1995. I had to move away from Canada and have been back. Due to the comparatively low earnings where I've lived and the scarcity of work in my profession, I couldn't afford to make any payments until I recently started making a little bit of money.
I have no idea where the loans could be now and I wouldn't even know where to start looking. I can't really start calling government offices because the long-distance charges would kill me. Plus, I was hoping that I could negotiate a settlement and don't want to get in trouble by acknowledging the loans in case they have expired.
Where are my loans now? Have they become statute barred (I've never talked to anybody about these loans? How would I find if anybody has sued me or is after me? Who and how could I contact regarding potential repayment/settlement?


Posted By: debtfreeforlife
Date Posted: 25/October/2011 at 8:55am
Hello,

I defaulted on an student loan in the '80, and I'm looking for information of getting it cleaned up so I can go back to school, and hopefully apply for new loans

My old loan was part Canada Student loan, and part BC student loan.

I'd noticed too, that in some provinces there seems to be a statute of limitations on debts owed to the province, and in others not.  So I'm also wondering if interest is still accruing, though they stopped trying to collect years ago.

I was disabled and on welfare for years, though never actually on disbability.


Posted By: SolveStudentDebt
Date Posted: 27/October/2011 at 5:02am
If you have a Canada student loan collecting dust on the back end somewhere then you will have to repay thast before you would be eligible for any new loans. You can rehabilitate the old
loan.
 
If you acknowledge the Canada student loan it will survive the current limitations in place, and all the interest would be retroactivated from the day it was removed.
 
Nova Scotia and Ontario are the two provinces whereas there are no limitations that restrict the provinces from recovering money owed to them.
 
 


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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: violet75
Date Posted: 28/October/2011 at 4:09am
I had a 4000 student loan from BNS in 93. Was very irresponsible and haven't made payments since 2001. Received letters and calls from collections agencies but ignored as I simply couldn't afford to pay :( It was showing on my BNS account and I would like to start making payments but not the 12000 the agencies are asking for. So I thought it would be better to pay directly to BNS, so I made a 100 payment through online banking on my BNS account. It then showed a 100 credit available on the student loan! sometime in the past week, it disappeared frm my BNS online accounts and now the SL is not listed as one of my accounts. Did I make A HORRIBLE mistake in paying the $100? From what I've read here, I'm now afraid I have "acknowledged" the debt :(   I am more than willing to make payment arrangement for 4K or even a portion of the 12K - but not the whole 12K!   I have been with BNS my whole life, and they have never taken money from my other accounts nor have I had any issues with CRA to recover this amount...Would it be better to keep making payments to BNS (I have the account number now in my "paid bills" from the 100 payment a few weeks ago? I thought if I paid off the principal amount to BNS I would have a better chance of the col. agencies dropping the whole issue...
Thanks so much for your time and help! I'm losing sleep :(


Posted By: SolveStudentDebt
Date Posted: 28/October/2011 at 5:49am
If you want me to provide you with a comprehensive analysis and advice concenring this you have to communicate with me privately. That is a service and it cannot be done on a public message board or forum like this.
 
Here is how you go about doing this:
 
http://www.cfwgroup.ca/forum/viewtopic.php?f=32&t=2044" rel="nofollow - http://www.cfwgroup.ca/forum/viewtopic.php?f=32&t=2044
 
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: reg bridger
Date Posted: 01/November/2011 at 2:45am
First, I am very impressed with this site and your advice.
I have fed and prov loans from 2002 that survived a bankruptcy. Now i am discharged and have been contacted once by the collection agency used by the govt. I said I might be able to make token $100 monthly payments, they said they'd send a form immediately, but  that was seven weeks ago. No word since.
I'm also curious what constitutes "acknowledgement", for example they've taken my income tax for the last three years.
Is there any statue or age of debt thing that might be in play here?


Posted By: SolveStudentDebt
Date Posted: 01/November/2011 at 5:17am
Making a payment is acknowledgement. Income tax or GST rebate seizures are not admissions of liability. Submitting their financial forms is acknowledgment, and so is anything issued to them by you in writing, whether it contains a promise to pay or not.  a Bankruptcy assignment is acknowledgment, and so is any communication in writing or through disbursment by the trustee. 
 
An action commenced by the department of justice is a forced acknowledgment and is commenced by the Attorney General's office to prevent a limitation period from disarming the Crown from taking action in the future (providing the action is taken prior to passing of the prescribed limitation period).  
   
 
Limitation periods:
 
Federal: 6 years
 
Provincial guaranteed loans:
 
BC: 6 years
AB: 6 years
Sask: 6 years
Man: 6 years
Ont: No limtations binding the government of Ontario from recovering money owed
Que: 5 Years (10 years if final demand document is signed and issued by representative of the Minister of Finance)
NB: 6 years
PEI: 6 years
Newfoundland: 6 years
NS: No limtations binding the government of Ontario from recovering money owed
NWT: 6 years
Yukon: 6 years
 


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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: mr.o
Date Posted: 01/November/2011 at 8:26am
Johnny, if a loan is statute barred and so the pressure is off to pay the accumulated debt (or is it still accumulating???), can anything be done or can time heal the annual snatching of income rebate cheques? (gst never seized).


Posted By: SolveStudentDebt
Date Posted: 01/November/2011 at 9:51am

Depends on the debt. Traditionally, if a debt has been removed from active recovery or set aside as a result of a limitation issue, interest is retroactive rather than concurrent or per diem after the fact.



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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: SolveStudentDebt
Date Posted: 01/November/2011 at 10:49am
My Typo up there:
 
"NS: No limtations binding the government of Ontario from recovering money owed"
 
Now you all see how reliant I am on "copy" and "paste". LOL
 
Nova Scotia, not Ontario. LOL 


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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: mr.o
Date Posted: 02/November/2011 at 12:27am
Originally posted by Johnny Johnny wrote:

Depends on the debt. Traditionally, if a debt has been removed from active recovery or set aside as a result of a limitation issue, interest is retroactive rather than concurrent or per diem after the fact.

Translated I think, "interest is based on the past, not continuing after the statute of limitations and not per day"


Posted By: SolveStudentDebt
Date Posted: 02/November/2011 at 4:09am

it depends ont he debt though. With certain debt it is extenguished all together so there is nothing for interest to accrue on.

In other cases, the debt is removed from active recovery and interest is not calculated while it is in it's inactive state. However, if one acknowledges the debt in accordance to the legislation that pertains to it, then the debt will become active once again, and all the interest that would have been accruing during the time in which the debt was active would be tallied and added on top of the amount outstanding. It (interest) is a retroactive.  
 
Johnny


-------------
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: mr.o
Date Posted: 05/November/2011 at 5:24am
are there cases (I'm betting there are) where two equal debts are not treated the same and it is just luck of the draw who gets taken to task over a debt? Just wondering...


Posted By: SolveStudentDebt
Date Posted: 05/November/2011 at 11:08am

Given ther way the student loan system and borrower accounts (and relationships) are managed (privately and in government) there si no such thing as equal treatment.

If I understand your question correctly, that is exactly the way it is. Sometimes loans fall through the cracks and others are flagged to prevent it. Each case it totally unique.
 
Johnny


-------------
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: wendieB
Date Posted: 10/November/2011 at 10:07pm
Nice to read your post. It was something to talk about.


Posted By: reg bridger
Date Posted: 10/December/2011 at 2:56am
I have been following the statute debate with great interest as I believe it aplies to me, and I agree each case requires analysis. What annoys me is I have asked this question, in a general sense, to two different trustees and they both told me the six year period doesn't bar recovery.
Like I said, it's complex, but I read the statute and I know it exists. Are these people misinformed or misleading? 




Posted By: SolveStudentDebt
Date Posted: 10/December/2011 at 6:46am
First of all, it's not in a bankrupty trustee's best interest to tell you limitation issues restrict a lender from recovering a debt. I don't know if it is a fact of being misinformed or if they are intentionally misleading you. What I do know is that many the bankruptcy industry see the world and everything in it in a way that supports bankruptcy and nothing else. 
 
My opinion is that the bankruptcy industry has a significant influence on the consumer population in same fashion in which the pharmaceutical industry has  in the health and wellness business. They have the dominant position. Their focus is to maintain their dominance in position. They only work with and network with organizations that are bankruptcy-related, of course (which explains how the non-profit credit counseling organizations are contracted in and involved in their insolvency practices in Canada).
 
Canada needs consumer and economic stability and growth. Canada does not need a bankrupt population, which is the way it is shaping up. What Canada needs is healthy and balanced consumerism, which will increase the economic recovery and growth. NDP, that one's free LOL
 
The truth is this:
 
The statute of limitations, where it applies to an individual and a specific debt, restricts the lender from taking any "actions" and "proceedings"  from recovering the debt.
 
First of all, the definition of action is the act or process of doing something. It is synonomous to "work", activity" or "doing". If the law says "NO ACTIONS" then that means "NO WORK", "NO DOING", and of course "NO ACTIVITY". But not everyone in the financial community follows the law. LOL
 
The CFW Group specializes in helping people with good intentions concenring limitation issues, and ensuring that the financial community does not infringe on them. I had to underline that because of course we do not accept clients with bad intentions and the desire to use limitation issues to cheat the system. We carefully screen potential clients who come to us for services involving limitation studies and associated services.
 


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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: reg bridger
Date Posted: 14/December/2011 at 9:19am
For the record, I would suggest my intentions are good due to ill health, little prospect of increased income, and age. Hope I don't sound defensive. :)


Posted By: SolveStudentDebt
Date Posted: 14/December/2011 at 11:29am
Not at all! If a student loan  is going to survive the borrower than that is a real life problem and a limitation issue is a benefit to someone that feels hopeless becasue of this, and others that you described.


-------------
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: Chetak
Date Posted: 21/December/2011 at 3:09am
I have a royal bank student loan from 1996 from Nova Scotia that I have not acknowledged for over 10 years, and a collections agency just called me about it.  I'm still not acknowledging it.  As there is no statute of limitation on loans from NS, is there any other avenue to pursue inorder to not pay the collectors?


Posted By: SolveStudentDebt
Date Posted: 21/December/2011 at 3:30am

There are no limitations that restrict the province of Nova Scotia from recovering a student loan owed to it. That does not apply to RBC.



-------------
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: JayElEm
Date Posted: 25/February/2013 at 10:35am
I just came across this post by chance and i was wondering if you could help me. I currently reside in Nfld and have been unable to make any payments on my student loan as per i was unable to get a job in which i graduated with.  I just filed for my income tax return only to find out that they have a lien on the money, and they never bothered to contact me for 6 and 1/2 years even though my mailing address was the same. Now my question is that I was told that if I wait the next 6 months statute of limitations would apply to me because it would be more then 7 years when i received the loan and they would take the lien off and thus i could claim my income taxes. Is this true or did I miss something?


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JoshuaL


Posted By: mr.o
Date Posted: 25/February/2013 at 1:22pm
Not an expert but Johnny who does this work for people is. My un-expert answer is that as long as you have not acknowledged the loan in no way for the entire period of the statute in your province, if it (a statute on student loans) does exist, then you would qualify by the law that they cannot sue you to get the money back. However, that does not mean they won't continue to take your tax refunds. The only way out there is perhaps they might write-off your loan -they SAID they were going to write a bunch of really old loans off not long ago. The only other way I think to settle and keep income tax refunds is to pay back thru the RAP program. It will cost less than the full amount of the loan. If my advice is wrong, apologies. Johnny is the guy to get.


Posted By: SolveStudentDebt
Date Posted: 26/February/2013 at 9:09am
If the loan is federal direct or guaranteed under the first generation program, and it is barred, the tax lien is immediately lifted and the file is closed. It cannot be recovered, nor can the government accept any money to be applied to it unless the borrower waivers his or her legal rights to limitations in writing. That is how iron tight this benefit is.
 
The banks (CIBC, RBC, and scotiabank) take the position that they can still communicate with you it even if it is barred. Their perception is of cource that they are "above the law". What they don't take into consideration is the Criminal Code of Canada. So, if you are a borrower who has risk-shared loans that are barred then they can be forced to abide by the laws that govern them - and also protect you.
 
The provincial guaranteed and direct loans issued by the provinces of Nova Scotia and Ontario are not bound by any limitations. So, any liens anchored in on your income tax by these provinces will remain unless you are able to negotiate them out.
 
Here is what everyone needs to know about the system:
 
The governments and banks are pwoerful organizations and will use force at their every disposal to protect their own best interests. Your legal and human rights mean very little simply because it is all about money and not truth. There is a benefit for the system when interest accrues and money is collected, and their is also a financial incentive individually awarded to those who have targets and are in management and team-leading positions.
 
The student loan providers as we know then not only have access to a broad spectrum of powers, they also have an unlimited source of money to use at their disposal to make things VERY difficult for you.
 
The banks and government all work together, including the National Student Loan Service Center (especially Tricura). 
 
The governments and banks will not give you any tools or intelligence that will restrict them from recovering these student loans. The onus is on the borrower in these cases, and that is where things get extremely difficult.
 
Anyone who wants to enjoy the benefit and freedom provided by a limitation issue should never assume anything. It should be examined and documented to ensure one's own protection and future financial and social security. People who are afflicted by the system financially and socially, are in hardship, and are not able to repay the debt in the nearor distance future,  deserve this benefit.
 
People who are gainfully employed, benefitting from the education, are able to pay, and are not willing to pay, well ... it goes without saying.
 
 
 
 


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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: mcjupto
Date Posted: 26/February/2013 at 3:55pm
"Alright so you have CSL1, Ontario guaranteed, and RBC risk shared loans (pre 2000) and you have federal direct post 2000 (CSL4)." -  These are my loan types.

"So, if you are a borrower who has risk-shared loans that are barred then they can be forced to abide by the laws that govern them - and also protect you."

"The provincial guaranteed and direct loans issued by the provinces of Nova Scotia and Ontario are not bound by any limitations. So, any liens anchored in on your income tax by these provinces will remain unless you are able to negotiate them out. "

SO what this all means is that the ONLY LOAN I MAY HAVE IN ACTIVE RECOVERY would be the Ontario guaranteed loan?  The RBC risk shared, CSL1 and CSL4 would fall into an UN-recoverable state until "acknowledged" ?  Am I understanding this right?



Posted By: mcjupto
Date Posted: 26/February/2013 at 4:12pm
Also if I was to start making payments on the Ontario loan, how do I find out the status of the other loans 'risk shared, csl1, csl4'? 
When I do my taxes can I request the lien go towards Ontario student loans?  Or do they apply any liens against your income taxes, and those payments to your loans randomly"  Or do they apply income tax lien payments on a first loan taken out, first loan paid back sort of system?

What I would like to know is, if I can just pay off the loan that is in active collections and leave the others in their catatonic state?  And find out what state they are in?


Posted By: SolveStudentDebt
Date Posted: 27/February/2013 at 3:39am
Originally posted by mcjupto mcjupto wrote:

SO what this all means is that the ONLY LOAN I MAY HAVE IN ACTIVE RECOVERY would be the Ontario guaranteed loan?  The RBC risk shared, CSL1 and CSL4 would fall into an UN-recoverable state until "acknowledged" ?  Am I understanding this right?
If your federal guaranteed, direct, and risk loans are barred then the answer is yes.


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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: SolveStudentDebt
Date Posted: 27/February/2013 at 3:47am
Originally posted by mcjupto mcjupto wrote:

Also if I was to start making payments on the Ontario loan, how do I find out the status of the other loans 'risk shared, csl1, csl4'?
 
If you do not know how to do your own limitation exam and discovery seek professional help. I can walk you through it from start to finish but that is going to take quite a few hours of time. If you want to invest that is your call. If you are looking for something like this for free then I am afraid I can't help you.
 
Liens are applied in accordance to provincial and federal rules. If you owe both federal and provincial then your income tax is applied by whichever division is described in the legislation. If you only have an OSL (and no federal) outstanding then the income tax rebates they seize are applied to the OSL portion.
 
 


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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: mcjupto
Date Posted: 27/February/2013 at 12:27pm
Can someone explain to me the difference between a Canada-Ontario integrated student loans, and a Ontario Student Loan.

Or is it as simple as what the words mean?  Are both of these loans actionable/collectabe indefinitely since they both are provincial in nature?  What legislation would these fall under?


Posted By: mcjupto
Date Posted: 27/February/2013 at 12:59pm
Im trying to connect some dots here.  On my equifax credit file, under the heading " Credit History and/or Banking Information";  there is a couple of loans.

First loan is CDA STUDENT LOANS PR (888) 415 4514 -  It says last activity was 2007/02/00  Highest credit on account was $11594 -  This account was opened in 2004/10/00

Second loan is CDA STUDENT LOANS PR (888) 415 4514 - It says last activity was 2007/02/00  Highest credit on account was $4345 -  This account was opened in 2004/10/00

CLEARY these two loans are Canada student loans/federal loans which are bound by stats barred legislation after 6 years.  Correct me if I'm wrong please.
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The next two loans under the heading "Public Records and Other Information"

These two loan collections were reported by ACCTS RECOVERY CORP. 
Reference: MCTU STUDENT SUPPORT.

Are these two MCTU STUDENT SUPPORT loans, Ontario/provincial loans?  Or am I, identifying them wrongly?



Posted By: upright12
Date Posted: 25/July/2013 at 8:30am
My story is this I had a federal and Ontario student loan from 1996 became a heroin addict while in school. I entered a recovery program 1n 1998 was in a in house treatment program for 10 months got out of program in 1999. Worked until 2001 when doctor put me on long term disability. When I filed my taxes that year was told everything was going to be taken by the CRA because of loans. My doctor filled out the form from CRA saying I had a long term disability and was on ODSP.
I contacted CRA every year regarding my loan and was told it's still under revue and they where still taking any taxes that where owed to me.
In 2007 I was told the loans no longer outstanding and my tax benefits I would be receiving and I did.
Now in 2013 I applied to go back to school through OSAP. I was informed that I could not receive OSAP because of outstanding loans. I contacted CRA and they told me that they could not find any out standing loans.
I then contacted the Provincial Government Central collection unit and was told that my balance was zero on any loan and was sent a letter saying so.
Then I tried to contact CSLC and was told I can't contact them directly you have to go through canlearn and they do an assessment first which I did and was transferred to CSLC. After explaining my story to them they told me that my student loan went into a Indorment file in 2007 and was still having interest put on it from the original loan which was $8,381.78 and now is $21,952.29 not to say this stunned me. I asked why hasn't anyone told me this considering I have been in contact several time with the CRA and was told something different.
I asked to see all records regarding my file and was told that I'm not allowed to have excesses to the file.
My question is this do I have any recourse in any way be it limitations or something else. Any info would be great full Thank-you


Posted By: upright12
Date Posted: 25/July/2013 at 3:36pm
anyone


Posted By: SolveStudentDebt
Date Posted: 26/July/2013 at 11:54am
All they did was take you off a calling list and placed your account in a hold section likely because you had no ability to pay. What you should have done was appealed for loan removal, but they probably didn't offer that as a benefit to you because it is counterproductive for them.
In any event, if you owe money to the Canada Student Loans Program, and the debt is in default, you are restricted from accessing further funding until the old debt is paid. 
 
In a case of limitations the same applies. You cannot borrow more unless they approve it on the condition that you agree to waiver your rights and repay the old debt. The government of Canada can no longer pursue you for money owed after a prescribed period of time expires, however they will not fund you for future studies.
 
If they told you that you are not allowed to have access to the file then that is crazy. However, what they want is for you to write to them with a request in the hopes that it will cause the debt to survive limitations. Be aware and beware is all I can tell you.
 
I wish I could be the one to give you great news but based on your situation and requirements this is the harsh reality. The only other option would be to negotiate somehow to either reduce the debt or a set of terms that works for both sides. That is not something I would recommend you do without professional guidance and some intervention because of the risks involved, such as those I described above. You can consult with and hire The CFW Group Inc or perhaps some other group that specializes in this sort of area.
 
 


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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: upright12
Date Posted: 27/July/2013 at 2:32am
Just as I taught and no they never told me I was able to apply for loan removal.
I was told to pay all the interest which is just over $14,500 + 2 payments of $1 and I receive my loan of $8000. Yea that makes sense. I'm not writing them anything.
I have no other debts. I contacted a Trustee and they want $i800 + one year of my tax returns to file for bankruptcy. The system is crazy.


Posted By: upright12
Date Posted: 27/July/2013 at 2:41am
Sorry just another question. They have told me that they would negotiate. So if I was to hire you to negotiate would this mean the file would survive limitations and what if I don't agree to the number they want those this mean the file is open again.


Posted By: SolveStudentDebt
Date Posted: 27/July/2013 at 5:47pm
It would not survive no.

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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: demakasha
Date Posted: 05/September/2013 at 2:39pm
I have a question, been going through my and my commonlaw husband debt. He has a $6600 CSL4 Student loan from BC that he has never paid anything back to, he got this loan in 1999ish. I pulled up both of our credit reports and his is spotless with no student loan on it, mine has my student loan on it. Has his loan disappeared? I don't want to call and find out incase this is "Acknowledging" the loan.


Posted By: SolveStudentDebt
Date Posted: 06/September/2013 at 8:01am

Just because it is not on a credit report it doesn't mean the debt disappears. It just means that it is not reported on the credit report, that'a all. If he owes a CSL4, and it is in default, then he can call CRA non-tax collections (eityher in Surrey BC or Belleville Ontario) and they will tell him what he owes.  Unfortunately, it is the only way you are going to find out.

If you want me to do it for you it is a client service. There is no risk of what you fear, and it is low cost. Like $99.00.


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

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Posted By: demakasha
Date Posted: 06/September/2013 at 5:16pm
Ah so there is no limitation on the debt after 14 years of no contact? That sucks, since he is still not working on has no way to pay it back currently =(


Posted By: SolveStudentDebt
Date Posted: 07/September/2013 at 12:55pm

This a lot more than "no contact" to determine a positive or negative limitation issue.  There are lots of things that have to be examined.



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

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Posted By: rosiel
Date Posted: 15/September/2017 at 7:24am
so if I have paid back my CSL4 loan and others that were attached to my taxes and I have NCO calling me about the  "risk" loan that I have not paid on in over 14 years... does the statue count then?


Posted By: tlg
Date Posted: 22/December/2017 at 5:23pm
Hi Jonny,

You stated:

"The truth is this:
 
The statute of limitations, where it applies to an individual and a specific debt, restricts the lender from taking any "actions" and "proceedings"  from recovering the debt.
 
First of all, the definition of action is the act or process of doing something. It is synonomous to "work", activity" or "doing". If the law says "NO ACTIONS" then that means "NO WORK", "NO DOING", and of course "NO ACTIVITY". But not everyone in the financial community follows the law. LOL"

So, my question in reply is, does the Canada and/or Saskatchewan Student Loans Act Statute of Limitations apply to ANY collection activity, including CRA tax setoffs to go toward outstanding Sask student loans, meaning after the limitations period, they can/do no longer collect any tax refund setoffs? Or, does the Canada and/or Saskatchewan Student Loans Act Statute of Limitations only apply simply mean that they are prohibited from suing you after the statute expires (ie. after the statute expires, the debt still exists, and can they can still collect it via CRA tax setoffs)?

As well, on Saskatchewan student loans outstanding, is there any provision or protocol to have setoffs collected to be repaid to an indebted by virtue of their being permanently disabled and as such living on provincial assistance (extreme financial hardship)? At least temporarily??

I would have just received $4000 in tax refunds, however, it was just clawed back due to outstanding/defaulted student loan payments I had been unable to make as I have been disabled and unable to sustain employment, and since graduating have never lived above the poverty line. I am not a person who does not pay their bills, but I am a person who could really have used these refunds at this time of year. Thanks in advance.


Posted By: SolveStudentDebt
Date Posted: 31/December/2017 at 7:09am
Seasons greetings. 

The issue here ks that there are 'two' definitions to the term 'action'. The one we all know is as I pointed out. However, interpretation law, and law community makes up their own definitions, which totally conflict with our common dictionary and thesaurus. 

In law, 'action' is interpreted as 'legal proceedings, and action around those processes'. 

The province of Saskatchewan has a limitation or actions and proceedings law yes. However, CRA and CRA legal services are the ones who do the recovery for the Saskatchewan government. So, the test is, does the Saskatchewan limitation act apply.

There are key areas of the provincial law that answer this question. 

 '(4) This Act does not apply to a claim that is subject to a limitation provision in another Act or a regulation if that Act or regulation states that the limitation provision applies notwithstanding this Act.'

and, of course; 

'Conflict of laws 27 The limitations laws of Saskatchewan shall be applied to any proceeding commenced or sought to be commenced in Saskatchewan notwithstanding that, in accordance with conflict of law rules, the claim is to be adjudicated pursuant to the substantive law of another jurisdiction.'

The student loan is governed under a different act. Traditionally, the standard rule is that all provinces with the exception of Ontario and Nova Scotia, carry the 6-year limitation period. Ontario and Nova Scotia are not bound by any limitations that would prevent them from recovery. 

If you have not acknowledged the student loan in accordance to what the provincial and federal law prescribes as an act by you that will reset the limitation period's clock, then you have a good argument to make. 

Acknowledgments and part payments 

11 (1) If a person acknowledges the existence of a claim for payment of a debt, for the recovery of property, for the enforcement of a charge on property or for relief from enforcement of a charge on property, the act or omission on which the claim is based is deemed to have taken place on the day on which the acknowledgment was made. 

(2) For the purposes of subsection (1), an acknowledgment: 

(a) subject to subsections (3), (7) and (8), must be in writing and must be signed by the person making it or the person’s agent; and 

(b) must be made, before the expiry of the limitation period applicable to the claim, to the claimant, the claimant’s agent, a receiver, a receiver-manager or an official receiver or trustee acting pursuant to the Bankruptcy and Insolvency Act (Canada).

(3) In the case of a claim for payment of a debt, part payment of the debt by the person against whom the claim is made or by the person’s agent is deemed for the purposes of subsection (1) to be an acknowledgment. 

(4) Subsection (1) applies to an acknowledgment of the existence of a claim for payment of a debt even though the person making the acknowledgment refuses or does not promise to pay the debt or the balance of the debt still owing. 

(5) An acknowledgment of the existence of a claim for interest is deemed for the purposes of subsection (1) to be an acknowledgment of a claim for the principal and for interest falling due after the acknowledgment is made. 

(6) An acknowledgment of the existence of a claim to realize on or redeem collateral pursuant to a security agreement or to recover money with respect to the collateral is deemed for the purposes of subsection (1) to be an acknowledgment by any other person who later comes into possession of the collateral. 

(7) A debtor’s performance of an obligation pursuant to a security agreement is deemed for the purposes of subsection (1) to be an acknowledgment by the debtor of the existence of a claim by the creditor for realization on the collateral pursuant to the agreement.

 (8) A creditor’s acceptance of a debtor’s payment or performance of an obligation pursuant to a security agreement is deemed for the purposes of subsection (1) to be an acknowledgment by the creditor of the existence of a claim by the debtor for redemption of the collateral pursuant to the agreement. 

(9) An acknowledgment by a trustee is deemed for the purposes of subsection (1) to be an acknowledgment by any other person who is or who later becomes a trustee of the same trust. 

(10) An acknowledgment of the existence of a claim to recover or enforce an equitable interest in property by a person in possession of it is deemed for the purposes of subsection (1) to be an acknowledgment by any other person who later comes into possession of it.

If the loan 'is' statute barred then the onus is always on the person to prove it if there is an argument and difference of opinion on it. The gaffing of your income tax and/or GST rebates will continue as long as the debt is circulating in an active recovery status. 




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

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Posted By: tlg
Date Posted: 31/December/2017 at 10:44am
Hi Johnny,

Thank-you for your reply, this is helpful to my original question. In the meantime however, I have had the opportunity to speak with the Assistant Director of SK student loans and inquired as to my eligibility for my outstanding amounts to be recalled from the active CRA RSO program, per the Can-Sask Integrated Student Loan Program Guidelines 2016-2017 on the basis of being in receipt of Saskatchewan Government Assistance and inability to repay. The guidlelines ( http://www.publications.gov.sk.ca/rediret.cfm?p=71363&i=79345" rel="nofollow - www.publications.gov.sk.ca/rediret.cfm?p=71363&i=79345 ) respecting this consideration on page 94 of that document state:

"Canada Revenue Agency Refund Set-Off Program
     Date Approved: July 31, 2006

The Canada Revenue Agency Refund Set-off (RSO) Program allows the Student Aid Fund to collect on defaulted accounts through income tax set-off. The Program automatically sets off income tax for individuals including any Goods and Services Tax Credits (GSTC) to pay the borrower’s defaulted account.

A borrower’s account that has been referred to the RSO program for collection will remain there until the account is paid in full.

A borrower whose account is referred to the RSO program and who is receiving Saskatchewan Social Assistance Plan (SAP) benefits may request to have his or her account recalled from the RSO Program until the borrower is employed or in a financial position to repay his or her loan. Advanced Education must receive written confirmation from Saskatchewan Social Services that the borrower is receiving SAP benefits.

A borrower who has demonstrated his or her inability to meet repayment obligations due to financial hardship may not have his or her account referred to the RSO Program."

The Assistant Director replied that typically this is only for borrowers whose loans are not in default - however I pointed out that the above-noted text seems to include defaulted borrowers, and also by virtue of the fact that their loans are even under RSO to begin with.

She then stated she would consider an "appeal" based on my medical circumstances, and if I "send her a letter" outlining my income history and dates together with a paystub from my Provincial government benefit deposit, she would look at it as soon as she could. I also asked whether if that were approved she would consider repayment to me of the $2500 of my tax refunds which werre just collected and paid to them on December 18th, and she said that that was also a possibility to be considered.

Since I am smart and read your blog, it occurred to me that this could be a trap to get me to acknowledge the debt - if doing so would re-open an expired limitations period.

So, my new question is: assuming any statute of limitation HAS expired (at least with respect to their ability to sue), is writing her this letter and sending in the document going to re-open/re-set the statute of limitation for them to then have the opportunity to sue? Is it worth it for me to write this letter to ask for tax recall to be suspended and to get the $2500 back? Because if in doing so this re-sets the ability to be sued, they could seize my government benefits - and I would be on the street.

Should I call her back and ask her when the statute expired and whether applying for this reprieve would reset any limitation for them to come after me under legal process? And/or ask her to first email me with a statement saying the statute expired on a certain date and that any application for relief would not constitute an acknowledgement that would re-set the limitation period?

Thanks ever so much, Johnny, and Happy New Year.


Posted By: SolveStudentDebt
Date Posted: 01/January/2018 at 2:09pm
You Wrote; 

'So, my new question is: assuming any statute of limitation HAS expired (at least with respect to their ability to sue), is writing her this letter and sending in the document going to re-open/re-set the statute of limitation for them to then have the opportunity to sue?' 

Well, the Sask law reads; 


(2) For the purposes of subsection (1), an acknowledgment: 

(a) subject to subsections (3), (7) and (8), must be in writing and must be signed by the person making it or the person’s agent; and 

(b) must be made, before the expiry of the limitation period applicable to the claim, to the claimant, the claimant’s agent, a receiver, a receiver-manager or an official receiver or trustee acting pursuant to the Bankruptcy and Insolvency Act (Canada).

I wouldn't take any chances though despite the above reading. The federal government is charged with collecting Sask loans these days. It is always better to be safe and not run the gambit. You can certainly 'without prejudice' the document or letter though. Talk to them to remain safe and secure. 

The danger for anyone doing this by themselves is that 1. They can tell you anything and play you, 2. They can refuse to supply you with ammunition that would cause such restriction on them. They are there to collect money and not help you find ways to get from underneath of it on a limitation technicality. I have coached people on doing this and there has been success, but it depends on you and your ability to push through. 

If you can demonstrate that the seizure of the income tax money placed you in further financial hardship, and that it would considered money that you 'needed' for survival or to keep a roof over your head, then you can appeal it. You can also appeal to have the loan removed from active recovery if your hardship is serious enough and passes their tests. Ultimately, the minister can be prompted to review in cases whereas there is suspicion of bias or lack of review on their part. 

now you see how hard my job is. LOL

Happy new year to you and all here 

 




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

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Posted By: bladerunner
Date Posted: 04/January/2018 at 9:38am
The cra-rso collection of your income tax or get refund will stop after 6 years of no payments or written acknowledgment, this however only applies to student loans that have been sent to the cra-rso program not other government debt like social assistance or EI overpayments which will stay on long after.  The reason being is the student loan act states that absolutely no collection activity is to proceed after the 6 year SOL has commenced.  The act overrides the offset program where the other government programs do not.  Legally they should not be able to collect after the statute of limitations on any government but the Cra-rso program is done through administrative means instead of through the courts, they are trying to collect money through the back door when enough time has passed and they can no longer collect legally through the front door. Wait out the SOL and this will be removed as far as the refund you lost, you probably won't get it back, and if you have future refunds coming hold of on filing till the SOL expires.


Posted By: tlg
Date Posted: 05/January/2018 at 4:49am
The SOL expired in 2011. The legislation in Saskatchewan is different and they can collect via RSO for the rest of my life if they want to.


Posted By: SolveStudentDebt
Date Posted: 06/January/2018 at 8:50am
Federal is different than the provinces yes, 

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

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Posted By: SolveStudentDebt
Date Posted: 06/January/2018 at 8:52am
One day someone will file  suit challenging that to set new jurisprudence perhaps. 

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

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Posted By: bladerunner
Date Posted: 07/January/2018 at 6:50am
The Saskatchewan Financial administrative act 1993 section 42 states Notwithstanding another act the government has the right of set off, the other act is the student loan act which says they can no longer collect on that debt after SOL has passed.


Posted By: SolveStudentDebt
Date Posted: 08/January/2018 at 9:33am
If this is happening it is up to the borrower to press them to stop. 

-------------
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: bladerunner
Date Posted: 08/January/2018 at 10:07am
The Ombudsman of Saskatchewan wrote a great article on the CRA_RSO program and he states there is a legal question on the fairness on the program going on indefinitely after the SOL has passed. Its titled A QUESTION OF FAIRNESS.  Give it a read as this program affects not just student loans but overpayments by EI, social assistance, Grant programs, Provincial training allowance and others.


Posted By: tlg
Date Posted: 08/January/2018 at 10:33am
I have spoken with two solicitors who have both advised me that any acknowledgement of a defaulted, stat barred SK student loan would re-start the 6-year limitation period, thereby reopening the potential for them to undertake other legal action (in addition to CRA setoffs) to enforce and collect the debt.

All of this conflicting information is certainly not making the issue easier.


Posted By: SolveStudentDebt
Date Posted: 09/January/2018 at 4:20am
Acknowledgment, in a form that fits what i copied right out of the legislation is cause for a limitation period to be reset. 

Here it is again; 

Acknowledgments and part payments 

11 (1) If a person acknowledges the existence of a claim for payment of a debt, for the recovery of property, for the enforcement of a charge on property or for relief from enforcement of a charge on property, the act or omission on which the claim is based is deemed to have taken place on the day on which the acknowledgment was made. 

(2) For the purposes of subsection (1), an acknowledgment: 

(a) subject to subsections (3), (7) and (8), must be in writing and must be signed by the person making it or the person’s agent; and 

(b) must be made, before the expiry of the limitation period applicable to the claim, to the claimant, the claimant’s agent, a receiver, a receiver-manager or an official receiver or trustee acting pursuant to the Bankruptcy and Insolvency Act (Canada).

(3) In the case of a claim for payment of a debt, part payment of the debt by the person against whom the claim is made or by the person’s agent is deemed for the purposes of subsection (1) to be an acknowledgment. 

(4) Subsection (1) applies to an acknowledgment of the existence of a claim for payment of a debt even though the person making the acknowledgment refuses or does not promise to pay the debt or the balance of the debt still owing. 

(5) An acknowledgment of the existence of a claim for interest is deemed for the purposes of subsection (1) to be an acknowledgment of a claim for the principal and for interest falling due after the acknowledgment is made. 

(6) An acknowledgment of the existence of a claim to realize on or redeem collateral pursuant to a security agreement or to recover money with respect to the collateral is deemed for the purposes of subsection (1) to be an acknowledgment by any other person who later comes into possession of the collateral. 

(7) A debtor’s performance of an obligation pursuant to a security agreement is deemed for the purposes of subsection (1) to be an acknowledgment by the debtor of the existence of a claim by the creditor for realization on the collateral pursuant to the agreement.

 (8) A creditor’s acceptance of a debtor’s payment or performance of an obligation pursuant to a security agreement is deemed for the purposes of subsection (1) to be an acknowledgment by the creditor of the existence of a claim by the debtor for redemption of the collateral pursuant to the agreement. 

(9) An acknowledgment by a trustee is deemed for the purposes of subsection (1) to be an acknowledgment by any other person who is or who later becomes a trustee of the same trust. 

(10) An acknowledgment of the existence of a claim to recover or enforce an equitable interest in property by a person in possession of it is deemed for the purposes of subsection (1) to be an acknowledgment by any other person who later comes into possession of it.

So, if you acknowledge it in accordance to what is described above, you risk undermining any case you have in respect of a limitation issue. This is what a lawyer will tell you. i am surrounded by them day to day so I know. 

As for set-off of income tax and-or GST rebates, the question of fairness is certainly one to be raised in a case whereas a provincial government continues to gaff these rebates after a limitation issue presents itself. The BC government has found a loophole, for one. If it is happening with SK provincial loans and other debt owed to it, then it is up to the person who is losing this money to file an action and see what comes of it. 

When a federal student loan is statute barred liens on tax and GST rebates is immediately lifted. 

In the federal government does not take the same position on the matter as the province or provinces that simply continue to collect rebates long after a limitation issue comes. It is their policy and procedure to remove. a barred debt is considered closed and no longer recoverable by any forcible means. 

Both creditor's rights and internal legal agents that work in-house with government are in the business of finding loopholes and ways of undermining what benefits you as the one who owes this money, and take away any advantage of safeguard and protection in your favor. Manipulating the law and stretching it to show that it is unfair to the system is what they do best.

The system also knows that the average student loan borrower, especially who is in crisis and unable to pay it, does not have the financial resources to combat it legally. The result of this is clear. Those who are unable to fight it legally ate stuck with having to suffer the losses. 

One example I will give you is how a provincial government has allegedly been able to combat set-off removal and continue to collect. 

BC government has been able to secure it's best interest somehow by securing an acknowledgement or admission of liability through CRA set-off, 

Governments care about money and recovering it by whatever means they can. The system of law and justice is freaky in this country. 









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

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Posted By: SolveStudentDebt
Date Posted: 09/January/2018 at 6:40am
Continued ... 

So, TLG, 

In one post you wrote; 

'I would have just received $4000 in tax refunds, however, it was just clawed back due to outstanding/defaulted student loan payments I had been unable to make as I have been disabled and unable to sustain employment, and since graduating have never lived above the poverty line. I am not a person who does not pay their bills, but I am a person who could really have used these refunds at this time of year. Thanks in advance.'

and, shortly after this, you posted; 

'The SOL expired in 2011. The legislation in Saskatchewan is different and they can collect via RSO for the rest of my life if they want to.'

Since you claim it is statute barred, and certain of it, and they continue to take your income tax rebates, what you need to establish is this - 

1. Is their position that the seizure of these rebates is considered to be an admission of liability, thus striking out any limitations, and,  

2. Is their definition of the act of set-off considered to be that of what defines 'garnishment', and; 

3. Does this mean that there are no limitations now that bind the province of SK 

5. Are they basing all of this on any other jurisprudence in Canada, case in point - Burbank vs Garbutt, 2012 Supreme court of BC. 

http://www.courts.gov.bc.ca/jdb-txt/SC/12/01/2012BCSC0190.htm" rel="nofollow - http://www.courts.gov.bc.ca/jdb-txt/SC/12/01/2012BCSC0190.htm

Paragraph 17 in Burbank v. Garbutt speaks to payments made as the result of garnishment proceedings orchestrated through third parties, who in effect act as the agent of the creditor, have been held to constitute payments for the purposes of s. 5(2)(a)(ii) [of BC's former Limitation
Act], having the effect of confirming the cause of action.

Also, the case in Toronto tax court, Simone vs Canada 

https://decision.tcc-cci.gc.ca/tcc-cci/decisions/en/item/26006/index.do" rel="nofollow - https://decision.tcc-cci.gc.ca/tcc-cci/decisions/en/item/26006/index.do

Paragraph 36 in Simone v. Canada found that the set-off of a federal Income Tax Act refund under S164(2) of that Act renewed a limitation period. 


 


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

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Posted By: bladerunner
Date Posted: 13/January/2018 at 8:32pm
The student loan is covered under the student loan act, so only what is in the act applys to student loans no other act trumps that act. The act states only a payment or a written letter can restart the SOL on student loans and that after the SOL is done they cannot sue you or try to collect using the CRA_RSO refund or get offset program. Read the act for yourself, I hope this clears things up for you.


Posted By: bladerunner
Date Posted: 13/January/2018 at 8:33pm
And just to add A refund seizure will restart the SOL for money owing for income taxes but not for student loans it has to be a voluntary payment.


Posted By: bladerunner
Date Posted: 13/January/2018 at 8:40pm
The cra-rso for most provincial debts owed to the crown can be collected using that program indefinitely, but not for federal student loans it ends after 6 years.  I think like you said in another post a while back that someone will have to challenge that in court to set a precedent and get it changed. Only bankruptcy or a consumer proposal can stop the offset of refunds at this time I believe.


Posted By: iihonest
Date Posted: 25/January/2018 at 10:41am
Hi, I have a 10 year old student loan from bc and Canadian govt. I have no way of paying the loan back. I have considered bankruptcy since my credit rating is so low due to the loan. Its not the option I would like to go I had to do that years ago and with my financial situation looking grim in the future I contacted both the cbv collections for provincial loan and the Canadian govt. They are both sending me forms to fill out one for hardship (Canadian) the other from CBV is financial report. If I fill them out and return them then I am claiming and restarting the 6yrs from what I am understanding.  If I dont do anything about these loans my credit score will always stay horrible :S suggestions pls. I acknowledged a payment in 2012 on the bc loan however this is year 6 in may if that makes a difference. I am at a loss at what to do I am in such a bad spot and would just like to clear this up to get a little bit of credit and maybe reducate myself with the potential to actually work;S suggestions welcome. thank you in advance


Posted By: tlg
Date Posted: 26/January/2018 at 2:37pm
Bladerunner: the article you refer to entitled "A Question of Fairness" written by the Saskatchewan Ombudsman refers to overpayments collected by the Ministry of Social Services from Income Assistance clients. It has nothing to do with Student loans let alone RSO, and that link is https://www.ombudsman.sk.ca/uploads/document/files/a-question-of-fairness-en.pdf" rel="nofollow - https://www.ombudsman.sk.ca/uploads/document/files/a-question-of-fairness-en.pdf . Please try to post accurate information and if there is a direct link to an article, share it in your post. There is too much confusing information for overburdened people out there already. Thanks.


Posted By: bladerunner
Date Posted: 29/January/2018 at 2:19pm
If you read what I wrote, you would see that I stand it was a article that was written about social services by the Saskatchewan ombudsman, as it had to do with the car-rso program also.  As we are talking about the Car-rso program which applies to all crown debt, but each department has different rules and acts regulating them.  As far as the student loan program goes the Cra-rso program cannot be used after the SOL has expired, but not so for other crown debt, I hope that clears thing up for you.


Posted By: bladerunner
Date Posted: 29/January/2018 at 2:26pm
Also a large portion of the article is about the Car-rso program the ombudsman even states that he finds the legality of using the Car-rso program after the sol expired as questionable and says its trying to collect debt through the back door when it can't through the front.  Thats why I brought up the article, because the ombudsman has the power to give advice to change legislation to law makers, which it does at the end of the article whether they heed that advice is up to the government.


Posted By: bladerunner
Date Posted: 29/January/2018 at 2:27pm
CRA_RSO I don't know why it keeps changing to car-rso sorry.


Posted By: westcoastdee
Date Posted: 18/April/2019 at 9:04pm
Hi!
Just found this site and I was hoping I could get some clarification.
After checking my credit on credit karma I saw a $20,000 debt which looks like a student loan that went to collections in 2017. I havent been to school since the late 90's and from the looks of things I stopped paying in 2004. 
Am I correct to assume that any ontario student loan can be collected at any time no matter how old and even though I have had no communication with any collectors?
Is it a good or bad Idea to get an equifax credit check??
Thanks!



Posted By: SolveStudentDebt
Date Posted: 26/April/2019 at 3:39pm
There are exceptions for Ontario student loans, and limitation issues are quite complex. Assuming anything is never a good idea when it involves Ontario student loans - or federal for that matter. 

If you are looking for coaching and advice about how you should approach this situation it is not something that can be done on a public forum. If you want to book 30 minutes ($30.00 CAD) or an hour ($60.00 CAD) to speak with someone, you can send an email to admin@solvestudentdebt.com to book an appointment for a time that works for 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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Posted By: LisaSSD
Date Posted: 28/May/2019 at 9:41pm
NEW!!!! Solve Student Debt now offers Statute of Limitations testing and analysis modules for Canada Student Loans and Ontario Student Loans (OSAP).

For a limited time, modules are available for as low as $39.95!! Register now!

http://www.solvestudentdebt.com/our-services/tools-and-learning-modules" rel="nofollow - www.solvestudentdebt.com/our-services/tools-and-learning-modules

Lisa
Client support
Solvestudentdebt.com


Posted By: pseast
Date Posted: 31/July/2019 at 4:02pm
Hi there,

Federal statute of limitations on student loans: 6 years

I am curious about the limitations on Federal student loans. If I have been out of school for 7 years does that mean it is past the statute of limitations?

I hear I can now apply for bankruptcy or file a consumer proposal now that I am 7 years out of school. But do I need to wait another 6 years for it to be past the statute of limitations?

"Income tax or GST rebate seizures are not admissions of liability." In other words not considered acknowledgment, right?

Thanks for the help.



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