Archived Urgent Help Needed Posts - Child needs your help

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Child needs your help

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Forum Name: Archived Urgent Help Needed Posts
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URL: https://www.canadastudentdebt.ca/forum_posts.asp?TID=1864
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Topic: Child needs your help

Posted By: janet604
Subject: Child needs your help
Date Posted: 26/November/2004 at 9:43pm

My husband and I have been offered a special needs child to adopt.......this is relevant to this forum because...

I was student and collected BC and Canada student loans from 1989-1994. I studied humanities........dumb move. Well, I have not paid or been in contact with student loans for about 7 years now......they have not made any contact either. With interst I figure I owe about 50K.

I have been home caring for my son for 6 years now. My husband has been the "bread winner", and makes about 40K. I have worked part time last year for the first time in 7 years and made 8K.

The point...........we can not afford to take this child if I will have to return to work to make loan payments.

By the way, my husband and I had declared bankruptcy in 1999 (we could not include student loans in bankruptcy). So, I can not go bankrupt again.

Also, we have nothing to "take"....we rent our home and have basically nothing.

Can we take in this little boy?

Replies:

Posted By: Islander
Date Posted: 26/November/2004 at 9:58pm

The debt is almost certainly statute barred unless you have acknowledged or paid on it. Tell them to get bent if they contact you.

Don't let a debt that no longer exists interfere with your providing a life for a human being.

Enjoy your child and your lives together. He is lucky to have you and you will find joy in him.

The system is indeed f**ked up it were to interfere with this. Go for it ; we'll be here. Keep us posted; we'll all be his godparents!

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What? Me, worry?
Alfred E Newman

Posted By: janet604
Date Posted: 26/November/2004 at 10:00pm

I don't know what "statute barred" means. Also, thank you for your kind words.

Posted By: Islander
Date Posted: 26/November/2004 at 10:36pm

Statute barred simply means that the statute of limitations on that debt has come into effect.

By that I mean that the law provides that if a debt has neither been acknowledged nor prosecuted through legal means within a prescribed period of time, the alleged creditor has no more recourse for recovery.

I'm pretty sure, from what you've told us, that your debt has not only been sent to the showers, but has had its jersey and number retired.

To be sure, check with someone (God, I hate lawyers) who can give you a definitive answer, but it looks good from here.

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What? Me, worry?
Alfred E Newman

Posted By: administrator
Date Posted: 27/November/2004 at 3:28am

Best bet is to contact Johhny atCFW Group... he can advise you on this. What ever you do, dont call HRDC as this will acknowedge the debt...

Mark

Posted By: janet604
Date Posted: 27/November/2004 at 3:30pm

Thank you Islander and Administrator!

Posted By: SolveStudentDebt
Date Posted: 27/November/2004 at 6:46pm

Janet,

The statutes for Federal loans are 6 years fromt he date of "subrogation". This means form the date that the government(s) issued the payment for the loan back to the lending institution per the guaranteed student loans program (if it actually applies to you).

Now, the statutes for BC loans would be 10 years.

There are some serious issues encompassing your predicament. Islander has the right though based on what you are describing. The timeline seems to fit the equation, however, there are some things that are working against you.

Here is what you are up against:

The CSLFA and CSLA (Acts governing the Canada student Loans Program - Bill C28) stipulate the new ammendments to the old. So, there are 4 types of acknowledgment that will cause the debt to survive any statutes. Now, the new ammendment passed (Bill C28) is complicated for those who do not understand the rules.

Explanation:

Before August 1 -2003, if a loan has been barred, it will not survive the statutes unless you re-apply for more student loans. That is the only way. IF a CSL is callsified as statute barred AFTER August 1, 2003, you have to watch your every step, basically.

In your case from what you have described, may cause the statutes to reset because the act states that, and I quote "any acknowledgment of the money owing made by the borrower, his or her agent or other representative, or the trustee, or administrator in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts.

So, if your loan is actually barred, and was barred before August 1, 2003, then this would not apply to you. If the debt has been barred AFTER August 1, 2004, then your bankruptcy will reverse the status frombarred to active under the acknowlegment descriptive described earlier (see Bill C28, Section 16.4 Item d.)

Here is the link:

http://www.parl.gc.ca/37/2/parlbus/chambus/house/bills/government/C-28/C-28_3/90218b-2E.html#19 - http://www.parl.gc.ca/37/2/parlbus/chambus/house/bills/gover nment/C-28/C-28_3/90218b-2E.html#19

I will help you if need be. Contaxct me in the event you do need representation or counsel.

Johnny

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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com

Posted By: janet604
Date Posted: 27/November/2004 at 10:23pm

Darn it......10 years for BC? Other places on this site say 6 for BC. But, it's 10?

Yes, the Bankruptcy did acknowledge the CSL and BCSL debt......but 6 years will have passed at some point in 2005 (I don't want to say exactly when........maybe they're watching and I don't want to give them hints and finding me

)

I am hoping that my file was "lost".......as they have made no attempt to collect my tax refund.

I saw on the news that the BC overnment has just handed over a bunch of old debt to a private collection agency...........(though student loans were not specifically mentioned in the news report). The thought of taking in a new soul, when the wolf is going to be on our doorstep and minute is daunting.

Posted By: janet604
Date Posted: 27/November/2004 at 10:27pm

Re: Last post.

Make that "wolf at my doorstepANY minute.

Posted By: SolveStudentDebt
Date Posted: 28/November/2004 at 12:17pm

janet,

The only way to know is to go ahead and find out.

Posted By: janet604
Date Posted: 28/November/2004 at 1:20pm

Well, if the only way to know is to sit and wait like a duck in hunting season.........my husband will never agree to the adoption.

Ulcers, you know.

Posted By: Islander
Date Posted: 28/November/2004 at 1:53pm

You'll be a family. You face difficulties together.

Do you see the position you're in? If you choose not to adopt the child now, because of the possibility that this old nightmare might kick up a last gasp, when you are convinced that it is all in the past and nothing happened, you'll regret for the rest of your lives not having taken that child in!

I'd go for it; you're entitled to happiness and a family.

-------------
What? Me, worry?
Alfred E Newman

Posted By: SolveStudentDebt
Date Posted: 28/November/2004 at 3:11pm

Best of luck, Janet. I sincerely hope it all works out for you and your husband. If you need help, you can contact me or write.

Johnny