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moonlight
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Joined: 01/November/2004
Location: Canada
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Topic: new debt reduction guidelines for income? Posted: 02/November/2004 at 9:47pm |
Hi there,
Now looking at the guidelines i do qualify for debt reduction in terms of the 5 years(this past august) and having used 30mos of interest relief.However, since May I havent made any pmts or paid any interest and my csl has been assigned to allianceone ltd for collection.It is probably in default.Now I would like to apply for debt reduction if possible but what are the guidelines in terms of income?Will I have to pay the pmts from may to now=$3500 since i am (probably)in default? Which kind of defeats the purpose if so. If i can reduce my csl by $10K then I will attempt to pay the remaining$14K...I am hoping that my prvincial st loan will be statute barred next dec at the 6 year mark since I spoke with a collction agency then..IF so this is a reasonable course of action...Being a single mother I have been struggling to figure out what to do with a limited income...I was hoping the bankruptcy legislation would change to 5 years but who knows when this will happen. I would like to resolve this and hopefully rebuild credit in the next few years. I called the AB credit counsellors and they told me with $60k in debt i am not even eligible for any consolidation etc. Is it better for me to send in $25 dollar mo's asap?I do not want them to know where I work and or live. I do not want my livlihood affected by garnishment of wages and the embarassment with that.I do not want my commonlw boyfriend to be harrased and or affected by my debt?If I declare banko I could hope that the legislation changes in the next year or so and I can apply retroactive for student loans but then I have the hardship of 9mos limited income etc and all that goes with that.In addition to no guarantee my loans will come off.I am scared they will find out I am living with someone and demand his income be combined with mine then he will be forced to go into collections because he cant pay his bills!I would move out before that happened.Any help would be greatly appreciated...
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Moonlight
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momof2
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Joined: 15/August/2004
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Posted: 03/November/2004 at 2:57am |
moonlight
if alliance one has your loan then you are in default. peroid. be careful about hoping your provincial loan is about to be stats barred - i think johnny posted something about not all provinces use the same timetable for this - check his postings.
from what i've been told (by my bank) once you default you can't apply for debt reduction. i think if you can pay the arrears they can reinstate your loan and then you can apply but you would have to ask your lender about this - they may require you to make payments for 6 months to show the account is in good standing before considering a debt reducion app. and then they kind of look at you with the - what, you've been making your payments why do you need debt reduction ? attitude.
if you can afford it, keep sending those mo's for 25 bucks. it shows you are trying. remember, banko costs $$ and unless you have other consumer debts is not really worth it for sl's alone.
if you are commonlaw his income is considered when applying for debt relief. this sucks the big one, i know since its your debt and not his, however, that is how the system works at present. remember, they can verify the numbers through ccra and if they find out you told a fib, well, they don't play nice.
good luck and keep us posted.
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professionals built the titanic but amateurs built the ark...
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moonlight
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Posted: 14/November/2004 at 9:08am |
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Thanks for the reply momof2! I am reading all the postings this is the only information that has been relatively helpful out there. I have contacted mla's,credit counsellors,bankruptcy trustees,lawyers etc. trying to find out information since knowledge is power-well they keep that knowledge away from us. I do not think the prime minister nor anyone but us on this site knows the drastic affects of these policies that are supposed to help us but don't.Obviously they don't realize that from keeping us from protecting our credit they are also keeping us from being more of a financial contributor to society. If i had the money for research or could finish my grad studies these would be some good areas to study sociologically! We need a moratorium of the effects of these regulations to our economy.
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Moonlight
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momof2
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Posted: 14/November/2004 at 10:54am |
moonlight
the best way to dig up info is either ask a question here or spend lots of time playing with google.
how's this for a kick in the pants - they changed some of the osap debt reduction procedures and i could qualify if my loan wasn't in default .
they like to keep us in the dark - that way their buddies at the banks and the collection agencies can wring every penny from our hides and they can tax whatever is left. they are counting on some of us to default because they allow too many people to study for those promised jobs that do not exist.
if you are really having a hard time i recommend talking to johnny. if he can help its way more affordable than bankruptcy and the man knows his stuff - check the postings under recommended advocates and counsellors and the info on the main page.
good luck and keep us posted
wish i could offer more help
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professionals built the titanic but amateurs built the ark...
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polyhymnia61
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Posted: 14/November/2004 at 12:44pm |
momof2...I'd venture to say that some of us are pushed into collections...labelled as "lost causes"...our paperwork is "lost" repeatedly...we are given different information each time we talk to a NSLC rep...and so on and so on...
I'm sorry, but I worked at the CIBC for too many years...I can't believe so much incompetence happens by accident. I was such a victim (I squirm to use that word, but I can't think of another one) of repeated mistakes, I can only believe that it was a conscience effort on the part of the NSLC to rid themselves of my "troublesome" file...single mom...making $20,000 a year...owing $60,000...English major...
Yep...I don't think it was an accident. Would anyone want to prove otherwise...that they are that stupid?
Poly
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moonlight
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Posted: 14/November/2004 at 12:59pm |
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momof2,
What are the guidelines for debt reduction,what is the maximum yearly salary? As maybe I should think of trying to do the 6mos pmts and reinstate it maybe you can too?What are you doing with your loans are you making minimum pmts? And can we ever repair our credit? Even if I send in $25 a mos then I will never pay it off and never have credit for the rest of my living years! I owe $60K in student loans alone. My saskatchewan student loan has been in default for about 5 years.
It is ironic when I found myself pregnant I thought a degree would enhance my options for providing for my son and I. I went to school and completed my degree in 3years believing the idea that people with a post-secondary education had a better chance out there in the employment world.Believing that I was bettering my chances and my son's chances in the economy, not the reverse.Since part of my degree was done before my son was born I didn't qualify for 2 years of incentives to help single mothers!
About Johnny I emailed him directly through his website and hope to talk to him.
Thanks Momof2! Have a good week!
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Moonlight
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moonlight
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Posted: 14/November/2004 at 1:06pm |
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Hi polyhymnia61,
From one single mother to another what is your current situation with your student loans,canada and provincial,and your credit? Does anyone know if you make $25 pmts do they still harrass you almost daily with collection calls?
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Moonlight
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Islander
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Posted: 14/November/2004 at 2:54pm |
| All the payments do is defeat that part of their guidelines that says they can't recommend the file for legal action if regular attempts to pay are being made. Can they attempt to collect (harrass by phone) the outstanding balance? You bet. |
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Alfred E Newman
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moonlight
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Posted: 14/November/2004 at 3:56pm |
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Islander
So by legal action that means garnishee of wages,suing etc? Can they get a bailiff to come to your door? I used to work in collections for Ford Credit and if we didn't get the pmt we wanted we would phone every day sometimes and sometimes get a bailiff to go to their homes etc.Also if someone lost their job and had 6mos to go on their lease and decided to drop their car off at the dealership they would be in default of their loan-it was actually better for them to keep the vehicle for the 6mos,pay what they could then drop it off at lease end in terms of their credit. This is why doing the HONORABLE thing isn't always in ones best interest.
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Moonlight
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Islander
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Posted: 14/November/2004 at 5:20pm |
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Unlike in your previous business in which the debt was secured by a vehicle, in the case of SLs, there is no security to repossess, consequently, the ONLY legal action available is a lawsuit. Only after acquiring a judgment is a garnishment or any other LEGAL means of recovery possible. The government guidelines (regulations) say that they are not to file a claim if payments are being made. Therefore, all that is available to them is to harrass you into paying more.
And if the question is, "Will they harrass?" The answer is, Absolutely!...possibly until you kill yourself from the stress."
If the question is "Can they do anything other than harrass?" The answer is, "Not legally".
If the next question is, "Do they operate legally?" the answer is, "Not if it's a day with a Y in it." |
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What? Me, worry?
Alfred E Newman
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momof2
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Posted: 14/November/2004 at 5:30pm |
moonlight
sorry this might be a long one...
guidelines for federal debt reduction are...hard to get on paper. from www.aved.gov.bc.ca/studentservices/student/finish/debt_red/f ed.htm
Federal Debt Reduction
If annual payments, on average, exceed 15 percent of the family's income, the Canada Student Loan principal will be reduced. The maximum amount of assistance is the lesser of up to 50 percent of the loan amount, or up to $10,000. The loan amount includes combined outstanding federal and provincial student loans.
Eligibility Criteria
- The borrower must have exhausted all available interest relief.
- The borrower must have a repayment period of at least 15 years.
- 60 months (five years) must have passed since the borrower's most recent Period of Study End Date (PESD).
- The borrower's loan must be in good standing.
- The borrower must demonstrate that he/she has an income stream to support the post-reduction payment (ability to pay will be based on family income).
Application forms are available to the student through their lender or the National Student Loan Service Centre.
The student/borrower may want to contact federal officials in Ottawa for more information. Phone the Canada Student Loans Program toll free at 1 888-432-7377.
minimum salary ? who knows. apparently anyone who makes over 32K is routinely denied, regardless of family size. they say 15% of your gross on total loans but in reality they go by csl only because i would have qualified otherwise. and some banks will not extend your term to 15 years so they get you there as well.
as for saskatchewan...i live in ontario and we do things differently here. your best bet is probaly to lay low for a few more months and cross your fingers that the loan will be stats barred - johnny can advise you on this better than anyone as he is up to date on the provincial regulations and how they work. alberta is civilised and they do all the work for you automatically. i think you have probably already recieved debt reduction on your provincial loans -check www.sasked.gov.sk.ca/branches/sfa/student_loans/reduce_debt/ reducedebt.shtml#remission
Remission
ƒ{Remission is a non-taxable debt reduction benefit that is available to Special Incentive Students (single parent, Non-Status Indian, Metis or students from Northern Saskatchewan) and is provided to students who are in their first 60 weeks of full-time post-secondary studies. Applications for remission are sent to all eligible students following their study period.
as for me, i can't get my loans current and i can't afford a minimum payment either. my loans are in default, have been for a few months and still no word from a collection agency - i'm hoping the bank lost my file. my credit is shot and i can live with that.
please MAKE SURE YOU SPEAK WITH YOUR BANK AND FIND OUT WHAT THEY REQUIRE FOR YOU TO APPLY FOR DEBT REDUCTION. even though your csl is with alliance the bank should be able to tell you if you can get current whether or not they would process yor debt reduction app. there's no point working your rear end off it in the end they say, no, sweetie, you can't apply for debt reduction regardless because you did default.... .
kind of makes you feel like they've got us in the crosshairs, now doesn't it ? those who really can't afford to pay get no breaks reducing their debts, despite the fact that if the debt was smaller fewer loans would be in default. i smell a conspiracy...because the banks get paid by the government regardless depending on when you received your loans...
sorry to be the bearer of bad news. if anyone can help you its johnny.
good luck.
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professionals built the titanic but amateurs built the ark...
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moonlight
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Posted: 14/November/2004 at 6:05pm |
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Islander
So if you don't make pmts and they take legal action and get an order that they can garnishee etc. and they cannot find you-then what?
What courses of action do they have,can they find you through income taxes?This was student loans through the bank not the gov't.
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Moonlight
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moonlight
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Posted: 14/November/2004 at 6:24pm |
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momof2
So you didn't qualify for debt reduction?was that based on your salary? I just quit a job I was making $30k at and am about to start a new one for $38k,my csl has been in default since may.My csl pmts are set out originally at $487,15% of my salary now would be $475,so technically I would be paying more than the 15%.If i could find out if i pay 6mos of $487 would I get $10k in debt reduction on my csl? If so it may be worth it. But would I get the full $10k?Will I get the answers from the Credit Union without answering all their questions first that they can use against me -like my place of work?Will the very act of paying the pmts update my credit bureau for all to see and for the Sask student loan/collection agency to find me? not to mention any other debt collectors that i owe?
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Moonlight
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momof2
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Posted: 15/November/2004 at 2:40am |
moonlight
i didnt qualify based on my husbands salary(34K). i have two small kids and do not work. (kind of unfair expecting him to pay for my debt without considering our expenses or family size but hey its government policy we are dealing with here so...).
if my loan was current i could apply to have my OSL reduced but i can't afford the payments required to get it current so its a moot point right now. i am writing a letter to OSAP and the government to plead my case and see if they can process my app retroactive and roll the interest into my loan but i am not holding my breath on this one. my loans are guaranteed by the government so the bank has no inscentive to work with me - they get paid when i default so...
when all is said and done i am still unemployed and unable to work and therefore unable to make any payments. my hubby can't afford to pay it - between the mortgage and the vehicle and the other bills we are stretched to the hilt. i am trying to get my medical problems straightened out and possibly recognized by the government as being disabled ( severe fibromyalgia making it difficult to type, hold a toothbrush, drive, anything requiring hands as i also suffer from carpal tunnel and chronic fatigue ). my hope is to have my loans forgiven altogether in the future.
you will have to answer questions at the credit union. alternately you could call the CSLP number and ask them, they would likely require some info from you as well. you are working so they could get the info through ccra regardless. dealing with the bank is ok, just dont give the collection agency any info.
the bank may require you to pay the owing interest or the outstanding balance to make your loan current. DOING THIS DOES NOT MEAN THEY WILL ALLOW YOU TO APPLY FOR DEBT REDUCTION. the bank has the ability to be nice or to screw you over here. this is why you need to talk to them first - give them a hypothetical, tell them you heard it might be possible to have your loan reinstated and subsequently apply for forgiveness after establishing a positive history of repayment - they should be able to provide you with details. ask them what the income levels for debt reduction are - and if you would qualify once your loan is brought current. it all depends how bad the bank wants your money. keep in mind the default will likely stay on your credit history regardless, so no matter how many knots you tie yorself in your credit will still be shot.
check www.aved.gov.bc.ca/studentservices/student/finish/default.ht m they may be able to explain it better than i. when in doubt call your bank. and if possible record the conversation and request the info in writing before you agree to anything.
your payments would likely be altered to reflect your wages - ie reduced to 475. making 38K i doubt you would qualify for debt reduction - you probably would have at 30K though. congrats on the new job !!
hope that helps. keep us posted and good luck
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moonlight
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Posted: 15/November/2004 at 8:31am |
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momof2,
I dont understand how you didnt qualify for debt reduction based on an annual salary of 34k for a family of 4!!!What was you original pmt supposed to be monthly and was it more than the 15% of 34K...if so why were you denied! I feel for you with the health problems and they should definitely take these kind of things into consideration! I would make the pmts for the 6mos to be able to apply for debt reduction but if I would need a guarantee that that would happen and they wouldnt screw me around...
How could you apply to have your outstanding loan reduced if you were current and what does OSAP stand for?Also, are you saying that even if I reinstate my CSL it will stay on my credit bureau as a default and screw my credit...?The whole point of doing this is to reestablish my credit!
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Moonlight
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momof2
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Posted: 15/November/2004 at 10:05am |
moonlight
long story short - the bank screwed me over by counting my cctb money as income, which they are not supposed to do when considering debt reduction. this put me over the income threshold for my loan forgiveness. had i known then what i know now i would have made a big stink. i dont know if i have the energy to go another round with the bank over this after all the missing forms and screwed up interest relief applications and everything else...
my ontario student loan (OSL) has adopted new guidelines for debt reduction as of the end of october which DOES consider the CSL portion as well as my family size. however, as i am curently in default i am unable to apply . i am still going to try and get a retroactive application though. which reminds me i should call the vampires at scotiabank and ask about getting an application faxed to me for this or maybe i can get one online dierct from OSAP...if i can get my OSL reduced i can try and make the payments after the new year.
my hubby wants me to tell them all to get bent, i am in no shape to deal with any of it mentally ( chronic depression, chronic fatigue, carpal tunnel, fibromyalgia, obsessive compulsive...i sound like a walking disaster) and physically i cant get a job and am not yet on disability ( fighting with the docs and the government - sound like fun ?). i also have two small children to look after as well with no daycare in my area.
from what i have read, the default will remain on your record for six years even if you manage to get the loan reinstated. I MAY BE WRONG ON THIS POINT, HOWEVER, so do some research on your own to try and verify this. i am trying to dig up the info but cant spend much time typing at one sitting. i think you can request information that the loan is presently current and in repayment be added to your credit report after 6 months of payments BUT the default will remain and follow you around like toilet paper stuck to the bottom of your shoe. encouraging, no ? i hope i am mistaken and someone please feel free to prove me wrong on this one.
do your homework and talk to your bank or the people at CSLP. make a list of questions you want to ask and make sure to request they send you the info in writing to verify that they will (or will not) reinstate your loan and/or allow you to apply for debt reduction and on what terms. write down names of people you talk to and keep a record of it for later - so if there are problems later you can say so and so said this when i spoke to her on this date. always always always cover your rear. ask about getting the default removed from your credit report. ask about income levels for debt reduction. once you have your answers make an informed decision.
and keep us posted. i wish you luck.
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moonlight
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Posted: 15/November/2004 at 11:30am |
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momof2,
Ok-new information.I called the Saskatoon CreditUnion about my CSL.They said that the portion of my loan before aug of 95 was paid out by the government of $21k and they have $13k outstanding as the unguaranteed portion. I called nat student loan centre and they told me that one of the requirements for Debt reduction is that your term is extended from 114 to 174mos (thereby making it difficult for the 15% of income to apply!)called again to find out about reinstating my defaulted loans to be able to apply for debt reduction- i asked to be transferred to the govt. They told me that now that the 21k went to a collection agency there is NO WAY to reinstate and be able to apply for Debt reduction- the 6mos of pmts only applies to those people who are planning on reattending university and getting more loans...so Debt reduction is not an option for me at all. I am confused as she told me that the 21k went to the collection house(collection agency) and to call the National Collection Services to find out how much I owe....but the letter i received for $21k is at Alliance one and it clearly states i am owing to the crown,govt of canada for the guaranteed portion of my loan...I think moving to another country sounds good right about now!
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Moonlight
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momof2
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Posted: 15/November/2004 at 2:40pm |
moonlight
i hear bali is nice...
at least you were able to get some answers. someone will call eventually trying to collect the 13K unsecured portion of your loan.
if johnny can help you and you can afford it, get him involved. if you have loans prior to 95 there may be statute issues. also he knows more about the guaranteed /unsecured loans, how they work and how to deal with it. he is the expert when it comes to this stuff, i'm just a rookie.
good luck. but if john gets involved you won't need luck.
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professionals built the titanic but amateurs built the ark...
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Islander
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Posted: 15/November/2004 at 6:13pm |
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Bali IS nice. I go there whenever I want a break. Costs less than $80 Cdn for the flight from Jakarta. But there are contless other islands wih the same climate and similar geaography around here.
Wanna split? I can walk you through it.
I did it. Best move I ever made. |
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Alfred E Newman
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danny
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Posted: 15/November/2004 at 11:00pm |
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ok im running out of ir in december
i havent consolidated my loans or made any payments yet
I dont have a job or income since feb 2004
so basically for the fed debt reduction looks like im too poor to qualify: what other remedies are there ?
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Johnny save me!!!!!!!!!!!!!
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