| Author |
Topic Search Topic Options
|
Prime
Newbie
Joined: 19/March/2011
Points: 26
|
Post Options
Thanks(0)
Quote Reply
Topic: Old Ontario Loans Getting Limitations Recognized Posted: 04/September/2012 at 11:31am |
|
OLD Ontario Student Loans 1990-1997 (graduation May 1997)
Within a year of graduation I was not working and defaulted on Canada & Ontario student loans, and I have not made any payment or had contact with any representatives since Sept 1st 2001 (you can guess why that date sticks). Nor have I received any letters signed by a person.
I have not made payment of any kind on any student loans since 2001 (might actually be earlier but I can't remember). I believe my Ontario Student Loans are statute barred per Limitations Acts Under the Ontario Limitation Act 1998 and Not the Limitations Act 2002 (in force 2004).
My question is this:
Is it worth writing a letter to either 1) Debt Collector 2) Gov't of Ontario (Minister responsible), stating that any legal action is barred by limitations period, and refuse to recognize the debt?
Or will both Debt Collector and Govt merely deny this keep carrying on, even if I request the matter be settled in court?
ps I have kept the details simple and I'm aware of the technical issues.
|
 |
|
Sponsored Links
|
|
 |
administrator
Admin Group
Joined: 25/January/2003
Points: 1798
|
Post Options
Thanks(1)
Quote Reply
Posted: 04/September/2012 at 2:06pm |
|
Catch 22. Write a letter, and if not carefully worded, it might be construed as acknowledging the debt, which would remove the limitations. You may just have to live with the debt being stats barred without any legal notification of such...
|
|
Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
|
 |
Prime
Newbie
Joined: 19/March/2011
Points: 26
|
Post Options
Thanks(0)
Quote Reply
Posted: 05/September/2012 at 2:12am |
|
Thanks for responding. I know what you mean about catch 22 and "acknowledging the debt". So basically better off doing nothing, and wait till they take real action, as in court.
"Stay calm and play solid defense"
Would there be a way to force the gov't of Ontario to officially recognize that defaulted loans pre 1998 are bound by earlier limitations act (6 years) and not the Limitations Act 2002 (in force 2004) via a third party. Just seems there's a strong civil rights case, and Charter case for both the lack of clarity and complete vagueness and the total lack of any limitations whatsoever.
Again thanks for replying.
|
 |
Prime
Newbie
Joined: 19/March/2011
Points: 26
|
Post Options
Thanks(0)
Quote Reply
Posted: 05/September/2012 at 2:15am |
|
Follow Up Question;
Do debt collectors knowingly try to collect debts that are statute barred? With the knowledge and consent of the Government?
|
 |
administrator
Admin Group
Joined: 25/January/2003
Points: 1798
|
Post Options
Thanks(0)
Quote Reply
Posted: 05/September/2012 at 4:04am |
|
Do they try to collect loans that are stats barred. Yes. Does the government know? I dont have an answer for that.... I'd recommend you talk to John Leblanc at CFW Group about your situation. He does charge fees but he can guide you better than I can.
|
|
Administrator Mark OMeara Author of Let Go and Heal: Recovery from Emotional Pain https://LaughSingWrite.com - http://bit.ly/heal2024
|
 |
SolveStudentDebt
Moderator Group
Joined: 05/November/2003
Location: Canada
Points: 5996
|
Post Options
Thanks(0)
Quote Reply
Posted: 12/September/2012 at 6:02am |
|
Banks yes. Ontario government, yes. BC Government, no. Newfoundland government, sometimes. Quebec government, yes. New Brunswick government, yes. Nova Scotia, there are no limitations at any time. Federal government, yes, until they are "corrected" concerning the issue. PEI - too few loans to even try to chart it. Manitoba, Sask, no. Alberta, all the time.
|
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. solvestudentdebt.com
|
 |