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Forum LockedPassport and loan default??

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Alissy View Drop Down
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    Posted: 30/October/2007 at 1:54pm
Hi everyone,
 
Im hoping someone can provide me with some answers to my questions as it seems that there are many people on here that are very knowledgeable in the area of student loans.
 
The summary of my student loan dilemma is as follows:
 
I was a young, single mother who used OSAP in order to better myself and obtain my B.A. I finished classin August of 2002 and due to personal reasons I decided (after racking my brain like crazy) to move down to south america (my mom is from here) with my daughter and start fresh. Staying in Ontario with all that was going on in my life was not in my or my daughters best interest, never mind the fact that I would not have been able to make ends meet by paying off my loan and raising my daughter.
 
Well, I am now married and have another daughter. I am working and so does my husband but we do not make a lot of money asides from the fact that the money we make is in a different currency. These two factors still make it impossible for uso pay back my loan right now (especially with two kids - school here (elementary) is not free as is in Canada). I really wish I could. You dont know how much I would love to come into money so that I could pay it off (it would be the first thing I would do).
 
With moral aspect of this to one side, I would like to get my passport (my passport expired last year) as my moms health is not too good (would like to have it just in case something were to happen, hope that is not the case). Im scared that I will have my passport denied as they do with fathers that do not pay child support. Can they do this? Also, by applying for a passport, can the collection agencies not find me through my passport application? Could they not start hounding me down here or even take some type of action? Im scared that my employer would find out and that I would lose my job (cannot afford that at all). Things here are a lot more different than in Canada.
 
If anyone has any info I would very much appreciate it....I really feel that this is going to drive me insane....Im so scared of so many things and feel that I cannot do anything right now as I have no way of paying off my debt. My mental state is going into over  drive and what freaks me out is that depression and anxiety have been frequent visitors in my lifetime. Gosh, I wish I could win the lottery and pay this off and have that burden off of my chest....as Im sure many of you wish as well.
 
Thank you in advance.
 
 
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administrator View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 30/October/2007 at 2:56pm
They will not deny you a passport due to a student loan. I have not heard of passport application info being passed on... it would violate privacy laws..

MOBILITY RIGHTS OF CITIZENS / Right to move and gain livelihood / Limitation / Affirmative action programs.
6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

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Alissy View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Alissy Quote  Post ReplyReply Direct Link To This Post Posted: 31/October/2007 at 7:06am
Thank you Mark. Can goverment entities not pass information on to other government entities? I thought that the collection agency that is probably looking for me with regard to the federal part of my loan, would probably be able to locate me through the information placed in my passport application as this is also a federal entity.
 
I do not like knowing that I owe money and cant pay if back yet....I hope to some day make enough to be able to pay it back and live at the same time.
 
Thank you once again
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Alissy Quote  Post ReplyReply Direct Link To This Post Posted: 31/October/2007 at 7:44am
Just thought I would check out the Privacy Act and this is what I found with relation to the disclosure of personal information:
 

8. (1) Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be disclosed by the institution except in accordance with this section.

(l) to any government institution for the purpose of locating an individual in order to collect a debt owing to Her Majesty in right of Canada by that individual or make a payment owing to that individual by Her Majesty in right of Canada;

Does the above not mean that the passport office can give my personal information to others in order them to try and collect my debt?

Sorry for so many questions.
Thanks
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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 31/October/2007 at 11:10am
This isnt something I could answer... you'd need to check with an authority on the matter.

Do you owe the money to the governement, or to a bank?
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Alissy View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Alissy Quote  Post ReplyReply Direct Link To This Post Posted: 31/October/2007 at 11:41am
I had applied for OSAP. A part of it was with the federal/provincial government and another part with RBC.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Alissy Quote  Post ReplyReply Direct Link To This Post Posted: 31/October/2007 at 11:56am
One other question Mark, hope you dont mind.
 
If for whatever reason, they are able to locate me here in south america, is there any way they can garnish my wages down here? Not much to garnish from but still wondering whether it would be possible.
 
Thanks
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Post Options Post Options   Thanks (0) Thanks(0)   Quote administrator Quote  Post ReplyReply Direct Link To This Post Posted: 31/October/2007 at 6:25pm
I have no idea.... any one else have any ideas?
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frustrated-guy View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote frustrated-guy Quote  Post ReplyReply Direct Link To This Post Posted: 31/October/2007 at 7:00pm
It is my understanding that the Canadian Government would have to go to court down there (ie get a lawyer down there to go to that country's court) to garnish your wages in that country.
   
Given that it would cost the Canadian Gov considerable amount of money to do this I think that this would not likely occur but who knows. 
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Alissy View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Alissy Quote  Post ReplyReply Direct Link To This Post Posted: 01/November/2007 at 9:26am
Thanks!
 
Anybody have any idea about the passing on of information from one govenrment body to the other? This in relation to the above section from the Privacy Act that I posted.
 
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote frustrated-guy Quote  Post ReplyReply Direct Link To This Post Posted: 01/November/2007 at 10:55am
I think your fears are justified, for provincial student loans I am aware of provincial government's getting contact information from crown corporations
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 01/November/2007 at 4:14pm
Absolutely. Who is to stop them, really.
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Alissy View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Alissy Quote  Post ReplyReply Direct Link To This Post Posted: 01/November/2007 at 6:17pm
Guess my fears are true then; by applying for my passport it is very likely that the collection agencies will be able to locate me. That would be the last thing I need down here is to have them hounding me when I know for a fact that there is no way I can begin to pay off my loans.
 
What`s my best bet then? Not apply for a new passport until I am sure that I really need to travel and then just risk it?
 
Honestly, I never thought that getting a higher education would become this complicated and stressful for me down the road.
 
 
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Buff View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Buff Quote  Post ReplyReply Direct Link To This Post Posted: 03/November/2007 at 10:43am
The address that the collection agency and Revenue Canada have for me is a PO box in Montreal. I got a passport in August using my Halifax address, phone # and ID. My current EI claim is also here (after 5+ weeks without payments to transfer it from Chicoutimi, but that's another story). Nobody has started bugging me in Halifax about my loans yet. I know it could happen, but it hasn't so far.
 
Buff
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Alissy Quote  Post ReplyReply Direct Link To This Post Posted: 04/November/2007 at 12:44pm
Thanks Buff for sharing you story. If you don`t mind me asking, how long have you been in default? Do you have a CSL?
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Ottawa Gal Quote  Post ReplyReply Direct Link To This Post Posted: 05/November/2007 at 12:23pm

Originally posted by Alissy Alissy wrote:

Just thought I would check out the Privacy Act and this is what I found with relation to the disclosure of personal information:

<p style="margin: 8.4pt 0in auto;"><a name="codese:8"></a><span style=""><span style="font-size: 9pt; color: green; font-family: Arial;">8.</span></span><span style=""></span><span style=""></span><font face="Times New Roman" size="3"> <a name="anchorse:8-ss:_1_"></a><font face="Times New Roman" size="3">(1) Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be disclosed by the institution except in accordance with this section.


<p style="margin: 8.4pt 0in auto;"><font face="Times New Roman" size="3">(<span><span style="font-size: 9pt; font-family: Arial;">l</span></span><font face="Times New Roman">) to any government institution for the purpose of locating an individual in order to collect a debt owing to Her Majesty in right of Canada by that individual or make a payment owing to that individual by Her Majesty in right of Canada;



<font face="Times New Roman">Does the above not mean that the passport office can give my personal information to others in order them to try and collect my debt?



<font face="Times New Roman">Sorry for so many questions.

<font face="Times New Roman">Thanks
i'll share what i knowmost of the time, the answer for these types of questions is: it depends the facts and circumstances usually vary for each situation and the privacy commissioner makes one-of decisions, depending on the facts and circumstances of a case..........and there is no stare decisis on her decisions (meaning she does not have to have the same outcome even with the same set of facts)WHO is trying to get your personal information is important.........as is whycollection agencies, for example, fall outside the purview of the federal legislastion - BUT they have their own - its called PIPEDA for short (you can look it up on www.privcom.gc.ca ) and the ONLY time no consent is required for them to pass your personal information around is to bona fida collect a debt you owe to them - they can contact third parties, etc......... if the debt has been "sold" to a collection agency, the ownership of the debt is now to a private organization covered by PIPEDA....... it is complicated.......when you signed up for your student loan, i believe you gave your consent to have your personal information used for the purposes of recovering the amount you owe - however, it is unlikely that the feds are after you.........and if they are, they canits more likely a third party (collection agency) is looking for you, depending on how long you've been in default mode........if you go the formal complaint route, you will need reasonable grounds for believing it is Passport Canada who divulged your personal information, though if its with a collective agency, they have the right to it........and you likely have no casei also used to work for income security .and i know that garnishees can be made on $ owed to the government if you are getting income from canadian coffers, i.e., canada pension plan - but i never heard of student loans - i was told this is still possible... if it is a government of canada debt, it will be recoverable - they have a prioritization schedule - depending on which agency/department is trying to collect (or child support payments - no way to avoid those forever)in your case, it would depend on whether there are reciprocal agreements in the country you work within and whether the country chooses to honour it........i personally think it would be a heck of a stretch to expect some foreign government to agree to do this, but you never know........'cause i can see it being to their benefit to agree, since canada would also garnishee foreigners' incomes - never heard of it, but you never know!) i think your best bet would be to contact your employer's human resources section and ask them straight out whether it can be doneas far as a breach to the Privacy Act goes, i don't see one, but i would encourage you to contact the enquiries unit at the office of the privacy commissioner and ask to speak to an enquiries officer who can go ask the manager of investigations if they don't knowgood luck!
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Buff View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Buff Quote  Post ReplyReply Direct Link To This Post Posted: 05/November/2007 at 4:04pm
My loans have been in collection for just over 3 years. It was originally 1 federal, 1 Ontario and 1 combined loan totalling about $11,000. The student loan program changed again between my 2 years of school, so I got a nice mix of crap. I've paid off the first 2 (fall 2004 and spring 2007), but still owe about $5000 on the Can-Ont loan. I also have another provincial loan at CIBC, but it's always been in good standing.
 
I've made fairly regular payments since they went to collection. There have been missed payments each summer while waiting for EI. I also didn't pay for several months in 2005-2006 when the government pulled my loans from one agency and gave them to another. They couldn't and/or wouldn't tell me who the new agency was, so I said I wasn't paying anyone until they got that sorted out. After several fights with the current agency and their "managers", I've been paying the government directly and skipping the collection agency gong show entirely.
 
Buff
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