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You can assume or discover. It is always best to discover because what most people assume may not always be the case.
Waking up a loan is what happens when a borrower contacts the lender out of the blue when it is not statute barred and still legally recoverable. In a case like this - when you call, they smell money.
Before August 2004 limitation disruption was not an issue. Basically, the Crown was of the position that they could not resurrect the dead student loans by any means. However, when the legislation changed in 2004, the law made it so a borrower can cause a debt to rise from the dead if they do or act in some way that breathes life back into it.
I have been working with people on limitation issues now for 17 years. The number of calls and online service requests we get from people who undermined their own cases are plenty. This is what happens when you go staggering in on a sleeping lion's den unarmed.
As for credit reporting - if a debt is statute barred then it cannot be reported. But - if one is reported then the onus is on the one who it is reported on to prove otherwise.
This is something else for EVERYONE to take in to consideration nowadays. The financial and lending communities are heavily reliant on creditor's rights advocates in law. Lawyers are VERY crafty in their work to undermine you if it means loss to the institution they represent. In some cases, these lawyers go out of their way to do things that are questionable and stand arrogant knowing that people cannot afford to hire attorneys to fight them. This forum and one of my companies (The CFW Group Inc) fight for student loan borrower's and consumer's rights to fairness and safety. Enemies are many but that is expected when something good does battle with something very bad.
The system can be very bad - but so can some people the system is pursuing. The system tries to attack us when an upper hand is gained, and sometimes people attack us when we refuse to help them cheat and deceive the system. It is a vicious circle.
------------- Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.
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