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EOS Canada coming after a loan that was Discharged

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URL: https://www.canadastudentdebt.ca/forum_posts.asp?TID=7374
Printed Date: 29/March/2024 at 4:36am
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Topic: EOS Canada coming after a loan that was Discharged
Posted By: nainai0585
Subject: EOS Canada coming after a loan that was Discharged
Date Posted: 02/February/2019 at 1:38pm
I was discharged from Bankruptcy on Jan. 1, 2009 and in 2013 I went to court with my Trustee to have my OSAP loan discharged, which it was with the Superior Court of Justice in Bankruptcy. My discharge states that Subsection 178(1) does not apply to the loan debt owing and relieving me of all debt and applicable interest.
Since 2013 I have received numerous phone calls from OSAP demanding this court order, which I have complied with well over 10x. Skip forward to October 2018, I receive a letter from CRA stating they will take all my income tax and refunds to pay off this student loan, and that my loan has been sent to EOS Canada for collections. I contact EOS and state everything I have already told OSAP. EOS informs me that my Court Order isn't "good enough" and that they planned on going ahead with taking my tax return.
They can't ignore a court order can they? If they take my tax return, they'll be taking my childrens disability tax credits, and we desperately need that to help our kids!!! I've contacted CRA, they told me its "not their department". I'm about to get in touch with an Ontario Lawyer about this, but have been told I can only deal with Ontario Lawyers bc my loan is in Ontario, even though I've resided in Alberta for the past 6 yrs.



Replies:
Posted By: SolveStudentDebt
Date Posted: 03/February/2019 at 10:57pm
The province of Ontario can enforce their right of offset in the case of Ontario student loans in default, yes. The only way you will get your tax rebate back is if you can prove hardship with extenuating circumstances and appeal o have the lien lifted.

Bankruptcy is a risky move when you have student loans. Most caes, there are not discharged.  


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