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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Forum LockedReally old CIBC Student Loan & credit report HELP!

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awilliams123 View Drop Down
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    Posted: 15/September/2013 at 8:11am

This is a long one....but thank you to anyone who gets to the end....

I had a student loan with CIBC which started in 1997.  Finished school in 2002, and my mother offered to pay for my loan upfront as a graduation gift.  She paid off Canada Student Loan for me.  Anyway, long story short here, she was unaware that back then student loans in Ontariio came in 2 chunks, the Canada Student Loan portion and then the Ontario Student Loan portion.  So when she started getting calls for me regarding the Ontario Student Loan portion, she kept telling them that my student loan was paid off and to stop calling.  I'd moved out of the house by this time and eventually, about a year and a half later, had also left the country to work abroad.  The calls to my mother eventually stopped.

I know, you could argue that maybe we/she was being a little naive about what was going one, but it's in the past now....at least 12 years in the past as far as my calculations can estimate.

So, I spent 8 years in England and came back last year with husband and son, and soon after we'd open a new jointbank account in Canada and started depositing money into it, we one day found that the account had been emptied down to the last penny.  A few thousand dollars.  In a panic we started the investigation to find out what on earth had happened to our money. Checked my credit report to see what it said and there were no delinquent accounts on it.  In fact I had no credit history on report at all because I'd been gone for so long.  Eventually, it was brought to light that the money I owed to CIBC for the Ontario Student Loan was taken from our account by a collection agency.  We'd opened our new joint account with CIBC as well and the funny thing is that when we were opening it, the guy who did all of our personal checks even said to us that all dealings with CIBC and myself in the past were all good, he even mentioned the Canada Student Loan that had been paid in full...and proceeded to open our new account.  It turns out that due to the fact that it was a student loan, the statute of limitions does not apply, and they basically rinsed out account as soon as it had money in it. We ended up getting it back by proving that the money was not mine and was entirely my husbands.  I have since been paying off the student loan through the collection agency on a monthly basis and as it stand the collection account is in good standing.  It was a real kick in the arse to come back to Canada and come back to this, as I was unaware of the debt, stupidly, I know.

Here is my problem though now.  When we checked my credit report last year, there was nothing on it.  Now, in Sept 2013, the CIBC student loan has magically reappeared, with a date of last activity as May of 2009. It should actually be sometime in 2002, and would have long dropped off my report, and considering that in June/July of 2012 it was not on my report, I'm assuming it would have been deleted if it had ever been there.  I've had no financial activity at all in Canada since 2004.  I have a print out of a credit report from April of this year (2013) with nothing but a FIDO account on it, in good standing.  Now the report as of AUG 2013 has the CIBC student account on it.  How can this be?  Especially when all this confusion with our account being emptied happend in June of 2012.  Why over a year later is this showing up on my report?

Has this debt been re-aged illegally?  And/or by whom?

Advice would be appreciated as my credit score with Equifax is ridiculously low now because of this. It was very good at the beginning of the year.  All other accounts are in perfect standing.  Really upset about this, we are trying to buy a house.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 15/September/2013 at 12:15pm
The banks will do anything they can get away with to get your money. It is what banks do, either through effective marketing for your business or force when they ve used you up and are done with you.
 
Whoever told you that there is no limitation period in respect of risk loans that is completely incorrect.  It was negotiated under the Canada Student Loans Program, and is a debt owed to CIBC. If it were an Ontario guaranteed loan then there may not be a limitation issue, depending on when it became due and payable.
 
If the debt is statute barred then CIBC is not permitted to take any action or proceedings (legal) to recover the money owed. A bank account seizure is an action to recover money, but the question of fact is does it violate your legal rights in respect of a limitation issue, and the protection that it provides you?
 
Banks will do the boldest things as a flexing of their dominant position, and the fact that they have all the money in the world at their disposal to hire $1000 per hour lawyers who are so well versed and influential in this country at manipulating law to protect the banking and government empires. Governments beave exactly the same way as the government does in any financial environment, and they do so as if they have that same power. In fact, they have more. Canada Revenue Agency doesn;t even have the power that banks do and they are Canada's underground government.
 
The best way to handle this is to determine if the loan is barred. Then, take an approach that may have money returned to you if that is the case. Also, take measures to have any information reported purged because of a limitation issue. It is something that you can do or find a professional to do for you. We are a group that provides this service but it is not free. The most expensive option would be to hire an attorney who specializes in litigation of this and have an affidavit presented and threat of a claim being filed if they do not comply. The liklihood is that the bank would deliberatley not respond and then force your hand. However, if it lands into a court room for a judicial review and interpretation, as well as a class action suit, CIBC would certainly begin to back peddle out.
 
This is something that does happen to people whose loans are statute barred. I have a few clients with this conundrum, and it takes forever to sift through and get any result.  In my professional opinion, it would be a really good class action suit against CIBC if a group of people who this has happened to would put their feet down and legally challenge it. David vs Goliath yes, but all it took was a smaller stone.
 
Good Luck!
 
Good luck!
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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Well, we did get the money back that was taken from our account, but not because of any limitation issue.  We managed to prove that the money they took was my husband's and not mine.  Whether or not they could legally pursue this debt is another issue entirely, and I'm already paying it off now anyway.  My concern right now is what is on my credit report. As I mentioned in my original post, this debt debt was not listed on my report last year, and now it is.  It would have become delinquent in late 2002 and from my understanding, should have been removed from my report in 2009.  Instead, it is now listed on my report with a date of last activity in 2009.  I'm no expert of course, but something doesn't pan out here.  Can a report printed out earlier this year (which showed no defaulted cibc loan) compared with one printed out today (now showing the cibc loan, with a date of last activity iin 2009) be proof that someone has purposely reinstated this account on my credit report even though it is past its time frame to be allowed to be reported?  Can an old debt that has left your credit report be out back on?  Surely not, right?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 16/September/2013 at 4:17pm
Well, in your case it did get reported again. So it certainly does happen. I have seen this before too.  Like I said, CIBC is one bank that does this soot rt of thing.  RBC and Scotiabank do not do the things that CIBC is willing to go to great lengths to do.  A number of their manaer of their collection management team doesn't appear to like student loan borrowers because, in my experience with them, they get very personal with them and insert their own personal agendas in the way they handle individual cases.  At the end of the day they only care about winning and money.  They have the tradional collection agency attitude and world view.
 
If you want to challenge the reporting of this then you have to take it to the individual who is reporting it. That would be Equifax or Trans Union.
 
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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