Good tiding to all,
Here are some information you might find useful for your dispute against the Federal Government regarding your CSLs.
a) The 7-year limitation: cannot stand in a Court of Law because,
usually, the bank claims for loans’ losses before the 7-year. When the government turns to you, it has been more than 7 years, time with the bank included.
b) When the bank claims a loan loss, the rights of the government become subrogated to the rights of lenders according to s.19. However, to be legal, a contract should be signed between two parties: the borrower and the lender or the subrogated party. I have never heard of a contract being signed between the government and the borrower. When the bank request a payment for loss with the government, the contract between the bank and the borrower is broken. There is no more contract, netheir with the bank nor the government.
Although it is common for the government to take the student loan over, an anomaly in the law (as explained above) may serve you well if you want to fight.
c) Furthermore, if the government lever against you is your signing of Schedule(s) 8, Special Interests Free Loans, at least one judge found that, I quote:
In my view, none of the defendant’s applications for interest relief constitute an acknowledgment of debt within the meaning of the law.
d) The same thing will hold true for payments you might have made. The contract ended when the bank got the money from the government.
I went through some other Court Cases very briefly and I found all to be useful to win your case. I have not looked at the Bankrupted students. Please, to find out by yourself, go to http://www.canlii.org/en/on/onsc/ - http://www.canlii.org/en/on/onsc/ and type Canadian Student Loan at 1. There are many Court Cases that can help you win yours. These are precedents you can use.
As for me, some of you have requested a follow-up. My case is not over yet the Defense Lawyer being always “out of town or out of the office; unavailable, etc”. My case is simple: my loans were paid in full before the bank made a fake Consolidation. I never signed the document. I got my two diplomas before the bank made its attempt: one in 1992 from UBC with a diploma in Translation and the other in 1994 from SFU with a Degree for my two majors, French and Archaeology, both universities in BC. (you might also want to investigate the laws in the province where you studied and received your diploma and/or degree and compare with the Federal Laws and/or the province where you are suing the government. This too could win your case.)
In addition to having paid my loans and, this time, being able to prove it, I will raise some of the examples I just gave you. The federal government seized my wages and now my pension in addition to set off my refunds, under false pretenses. CRA Collection Agents have the nerve to breach their own rules and to add to the government rules. Example, they cannot seize anyone's wages, or pension, "except and only to Civil Servants". Government employees, I know you are many out there, you do not have to accept what is done to you.
There is no way the government can get away with all these illegalities, breach of laws. Not a chance. It will take as long as they will, this case will have a happy ending – for me.
Cheers. Hope this above will help. I am will all of you with all my heart.
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Has a class action been started? Where? How can I join?