Collection of Old - Stats Barred - Loans - Statute Of Limitation News

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Statute Of Limitation News

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Category: Immediate Attention and Info!
Forum Name: Collection of Old - Stats Barred - Loans
Forum Description: Post questions about old loans and Statute of Limitations Issues
URL: https://www.canadastudentdebt.ca/forum_posts.asp?TID=5861
Printed Date: 27/March/2026 at 12:33am
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Topic: Statute Of Limitation News

Posted By: SolveStudentDebt
Subject: Statute Of Limitation News
Date Posted: 27/July/2010 at 3:26am

I have news for BC and Newfoundland student loan borrowers. If you reside or resided in either of these provinces when you took out private student loans (CIBC, Scotia, RBC, etc); or any debt (other than Federal or Provincial) that is statute barred, then the debt can no longer be "pursued". Being pursued means being confronted or contacted by the lender or any third-party collection agent for the purpose of collecting the debt.

If you are a student loan borrower who is being contacted by a collection agency (or loan provider) to pay a statute barred account that was originally taken out in Newfoundland or British Columbia, then you should be aware. It is unlawful for any loan provider or third-party to attempt to collect a debt in any province whose laws prohibit communication and action or proceedings from being taken after the prescribed limitation period expires.

The CFW Group does research through various law groups, firms, provincial government justice departments, and ministries. I am very pleased to provide this information to you. It is important that you know your rights and where your safeguards are when you are in financial crisis and feel that you have no way to protect yourself. I will be posting more finding pertaining to other provinces as the information becomes available. This information is free to all, courtesy of The CFW Group. I would like to ask that you post any questions pertaining to this rather than phoning me. I am very busy and cannot always take calls. If you are a client, or wish to become one and you would like us to open a file, then please call toll free, 866-239-7889, or local 902-876-3814.

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

Replies:

Posted By: mr.o
Date Posted: 27/July/2010 at 7:02am

Thank you for continuing to provide some clarity where so many mixed messages seem to be the norm. You are doing a job that is honorable in kind.

Posted By: 9877654
Date Posted: 28/July/2010 at 11:19am

Hi Johnny, ditto from me, you're being honourable and thanks.

I'm new. Forgive me if this has been asked but I've found conflicting info. My OSL and CSL were consolidated in 1990. Are they stats-barred? What should I do? They weren't huge but interest was/is. I've been unemployed and minimally self-employed for years. I'd not mind contacting and making payments when I can afford it to the govt to eventually clear my name if feasible in my lifetime, but in these straits I hestitate to track loans collection agencies down and say "Here I am, you've been looking for me."

Johnny / anyone? Advice welcomed with gratitude.

Posted By: peachmouse
Date Posted: 28/August/2010 at 6:09pm

What is the statute of Limitation time frame in BC? Is it 10 years? or less? Is it different than other debts than student loans?

It doesn't apply for National SL though right?

Posted By: SolveStudentDebt
Date Posted: 29/August/2010 at 2:05am

BC limitation statutes do not apply to Federal loans. They have their own statute. All other debt carries a 6-year limitation period. I am still studying as to whether or not there is a limitation period for debt owed to the province though.

I hope this helps.

Posted By: tincup0
Date Posted: 30/August/2010 at 3:12pm

Hi Johnny, You helped me out some time ago and things were great. We seemed to have lost contact as time went on and i did not receive any information from you as to what to do about my loans. As far as i remember you wanted me to wait and you would contact me but never did. I have left many messages and emails. The reason i am mentioning this is that the collectors are calling again and need your help once more. You can call me if you like or i can call you. It does not really matter to me.
Thanks

PS..your site is down BTW

Posted By: SolveStudentDebt
Date Posted: 05/September/2010 at 12:56pm

Hey tin - If you are who I think youy are, I wrote to you in February tellign you to hook up wiuth me in August. Call me on Tueaday, early though. I am in meetings all aftertnoon. Call me or Julie (my assistant) @ 866-239-7889. Always remember to call Julie if you can't get hold of me. Leave a message with her and I will get bacl to you. If you email me, make sure that that ypou put your name and/or file # that I gave youy a while back. It is on page 1 of the scope of work and agreement.

Hope you are having a great long weekend!

Posted By: Blue_Thunder
Date Posted: 17/February/2011 at 3:22am

I have three Student Loans all taken out in Newfoundland between 1991 - 1998 ....

Canada Student Loan - Federal (Pre-1995)
Canada Student Loan - ScotiaBank (Post 1995)
CIBC Newfoundland Student Loan (1991 - 1999)

Regarding Newfoundland Statute of Limitations, I think it is 6 years for Student Loans.
Regarding Canada (Federal) Student Loans, I think it is 6 years.

If I am wrong about any of these, I would like feedback. My CIBC Newfoundland Student Loan is statutes barred. That much I am pretty certain of. The Scotia Bank part of my Canada Student Loan is potentially set to become Statutes Barred sometime before March 31st assuming it is 6 years. Last acknowledgement of any form was in Feb- Mar 1995.

What I want to know is if there are confirmed set limitations both Federally and Provincially (Newfoundland) respectively ???

Thanks!

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The greater access to higher education, as a result of student loans, has flooded the job market. Therefore, supply exceeds demand. Thus our credentials are not as valuable as, say, 30 years ago.

Posted By: SolveStudentDebt
Date Posted: 17/February/2011 at 3:41am

It is 6 years. The student loans fall under the CSLA so those limitation laws apply. For the province of Newfoundland, they have a 6-year limitation law as well that pertains to anything that is provincially regulated.

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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: SolveStudentDebt
Date Posted: 17/February/2011 at 3:44am

I am going to be writing a lot of material for people concerning limitations and putting together workshops to help people with this stuff. You can visit The CFW Group page on Facebook as well because I am putting stuff in there for clients and others. So if you have any questions or need information you can go there as well.

http://www.facebook.com/topic.php?topic=295&uid=122160921144125#!/pages/The-CFW-Group-Inc/122160921144125 - http://www.facebook.com/topic.php?topic=295&uid=122160921144125#!/pages/The-CFW-Group-Inc/122160921144125

Posted By: jamienfld
Date Posted: 20/February/2011 at 3:12pm

I have a question. I had cibc student loan from 1999 i never finished school after i got the loan. I never payed on the loans because was not making enough at the time. Anyway i never ever made a payment and in 2009 cibc took $800 from my cibc bank account with out telling me. Are they allowed to do that after 10 years?

Posted By: SolveStudentDebt
Date Posted: 21/February/2011 at 2:53am

CIBC (as with any bank) will do whatever they can to recover money. You have to challenge them on the matter and investigate whether or not the debt is statute barred. If it is then you have a case to have your money returned. If you want help with it let me know.

Johnny

Posted By: jamienfld
Date Posted: 21/February/2011 at 3:53am

How do I know if its statute barred? I know its on my credit file its the only thing stopping me from getting mortgage $12000 is what is showing.

Posted By: SolveStudentDebt
Date Posted: 22/February/2011 at 3:59am

It has to be studied to determine that. Assuming it is barred because of one or two factors that may suggest it is not something that you should go on.

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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: brooktrout
Date Posted: 15/April/2011 at 2:07am

I was in university in Ontario from 92-96 and received both Ontario and Canada student loans. The last payment I made or acknowledgement towards any of them was in 2000. ARC is on me now with calls to me and letters to my parents about an old Scotiabank student loan, before them it was Natale Law Office. ARC has my phone number but won't send me any information, saying they need me to verbally confirm my address with them. I refuse to because it's in the book and easy to find, it must be because they started calling the second I got a listed land line again. How do I find out if this loan is Canada or Ontario, or even valid after all these years? I find the stats barred section in The Ontario Act 2004 very confusing and I have no surviving documentation of my own about any loans I incurred at that time. Cross country moves and a messy breakup where I only escaped with my clothes, everything else was destroyed have eliminated all my pre 2000 records. I don't want to write anybody about it for fear of acknowledgement but how can I learn anything, and it seemed fishy that ARC needed me to verbally confirm my present address. The Natale letters also looked like fishing expeditions and I did read somewhere that they like to buy defunct loans from creditors for pennies on the dollar and try to collect on them. Any comments or help would be greatly appreciated.

Posted By: SolveStudentDebt
Date Posted: 22/April/2011 at 2:54am

If Deanna Natale ever worked this account for a collection agency it would not be a guaranteed loan. It would be either a bank risk provincial or federal loan. Scotiabank or CIBC. There is the potential for a limitation issue there as well. ARC and Global (who Deanna Natale was inhouse council for) are handed large batches of aged student loan accounts by CIBC and Scotiabank. ARC has more though because they are the agency that generates the most revenueapparently.

If you want professional help with this give me a holler.

Johnny

Posted By: old hippy
Date Posted: 27/April/2011 at 9:27am

OMIGOD! Does it never end? Just a few questions please - possibly hypothetical or not. A form letter arrives from the City Welfare office, asking me to please submit 31K for an overpayment or my tax returns will be taken. They are referring to claims made 10 - 15 yrs. ago, while I was a student. There is no way on earth that I rec'd this amount of money on welfare - that would be about 4 yrs. worth of cheques - not a chance. I know I had a quasi-argument with the worker because she wanted to take my student loan in exchange for welfare cheques and I may possibly have overlapped a few months, but not to this extent. I've had these notices a few times, but didn't want to open that can of worms. Is the statute of limitations in effect? And if so, can they just go ahead and take my tax returns? Is this something you can help with?