This website is a testimony to the problems Canadian Student Loan borrowers experienced from approximately 1996 to 2008 and until their loans were paid off.

The privatization of the Student Loans system by the Chretien and Martin Liberal governments broke the system and defaulted thousands of borrowers who were trying to pay their loans. There were even stories of suicide due to the harassment of borrowers.

Read the report that I prepared back in 2007 here. Canada Student Loans-The Need for Change Fortunately the new Conservative government at the time revamped the program and fixed the system for new borrowers, but borrowers under the previous program were left with ruined credit and continued harassment from debt collectors.

I call on the Canadian Government to apologize to the borrowers affected by this fiasco and make amends.

Unfortunately the Liberal government is again clobbering the Education system with their changes to International Student Visas. Yes, there's a problem, but instead of a well thought out plan, they have pulled the emergency brake on the train causing a derailment. This has introduced unprecedented instability for both private and public education institutions who serve both international and local students.

Universities have been forced to cancel programs and layoff hundreds if not thousands of full-time and contract instructors.

Again, the Liberal government has messed up the education environment.


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supermod View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote supermod Quote  Post ReplyReply Direct Link To This Post Topic: stats. barred; out of country; etc.
    Posted: 13/November/2004 at 11:14pm
Hello everyone!  Wow it sure seems like a lot of people are struggling with loan problems.  I am not surprised, however!

Anyways I have a few questions that need to be answered about my student loans...

A bit of background info first: Currently I reside outside the country in Europe.  I am a dual-citizen.  My last address in Canada was in BC at my parents place. I have student loans and credit card debt.  However, I cannot pay my debts because my living expenses in my new country take all my money and I cannot put forward any more money to my debts in Canada.  I go into repayment of student loans at the end of this November 2004.  I barely make ends meet in my new home as it is and cannot afford to pay a cent anymore to my Canadian debts.  I feel very bad about this but that is my financial situation.

Now the questions:
1.  if i go into default on my student loans or credit card debt, can the collection agencies call my family or friends to determine where I am?  Is my family or friends obligated BY LAW to provide them with my new phone number and address? How many times can they call my family before it is considered harressment?  I do not want to have my family go through dealing with collections all the time!!

2. from what i understand about stats. barred, after the six year period of no payment, acknowledgment of loans etc.  my loans are not dissolved but rather "set aside".  Okay, so the feds can take away future GST rebates, income tax refunds. But can they garnish CPP or OAS to pay for loans (or any other govt program) if I was to move back to Canada at some later point in time?

3. i was reading on the BC Attorney Gen. website that the province can take you to court for defaulted loans. If collections takes legal action against me to collect my debts, how can they collect if I am not living in the country?  From what I understand a Warrent for Arrest can be issued if I fail to show for a court summons: is that a criminal matter now and am I a fugitive with a criminal record?? If I come back to Canada to visit, will I be arrested at the border for a no-show and am I able to travel freely in and out of the country as the Charter of Rights says?? Is my arrrest warrant on INTERPOL, CSIS, FBI, RCMP, etc.? There is a 12 month limitation period for the arrest warrant: after that period can the court issue another warrant for me and so on and so on??

4. Lets say after several years I move back to Canada. I make make money and have an income tax refund coming to me but I am in stats barred status: if the feds put my tax refund towards the default loan is that considered acknowledgment of payment and a new cycle of 6 year statute of limitations takes affect with collections harressing me  once again?

5. is it best to claim bankruptcy first then not pay a penny for anything? 

6. are there any international treaties whereby a collections agency or fed/prov dept can contact my new home country demanding repayment or extradition in the case of an arrest warrant?  Can my Canadian bank demand money from my European bank?  Can I have my wages garnished in Europe for debts that arose in Canada?

I really need some info on these questions.  Please post a response for me as soon as possible.  Thank you all for the great insite I have gained thus far!  I know some of these questions may sound ridiculous but debt and warrants for arrest etc. are a very serious matter and I do not want to jeopordize myself.

Sincerely,
Dually - living across the big pond.
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BigFatherA View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BigFatherA Quote  Post ReplyReply Direct Link To This Post Posted: 14/November/2004 at 1:46pm
Some answers:

1.  Yes they can.  You're relatives are not required to tell them anything regardless of the lies the collection agents spew.  If they have a good spinal column and a gift for sarcasm, your relatives could get some entertainment value out of it as well!

2.  As far as I know they can't take any further legal action, and Johnny could stop any current action fro continuing.  Trying to wait out a statute of limitations is a moral dilemma that I will leave to each person's own conscience - based upon reflection of their own circumstances.

3.  There is a difference between a summons for a criminal case and a supoena for civil litigation.  If they sue you and you don't show up . .  they automatically win and get a judgement against you.  This defeats the statutes (from question 2), and allows them to take action against your assets, and income.  If both are out of country, I haven't a clue how it affects you.

4.  If there is a judgement against you they can get your tax refunds and more (guarnishments etc)   If they missed the date and you are "stat barred", you need the services of Johnny.

5.  Bankruptcy doesn't eliminate student loans.  Trust me in this one.

6.  IANAL  (you really need expert advice inb this!!)
BigFatherA
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