Collection of Old - Stats Barred - Loans

Crown Debt/Stats Barred

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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=6742
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Topic: Crown Debt/Stats Barred

Posted By: justyce_cl
Subject: Crown Debt/Stats Barred
Date Posted: 05/September/2013 at 6:02pm

The provincial part of my loan mysteriously popped up on my credit bureau after 17yrs. When I contacted them to inform them that if I had a loan that it was stats barred 6 yrs after I defaulted that it was a crown debt & had no limitation. They told me that they were contacting me on behalf of the Ontario Ministry of Finance. Bill C28, Section 29 a-d clearly explains this. Other than income tax & gst that have been involunarily taken, I have made no payments or given them a written acknowlegment. I left school early in 1997. I went bankrupt in 1999 and discharged in 2006. They were not part of the bankruptsy. Is my understanding of the statute of limitations correct & what can I arm myself with in order to make the collection agency go away & remove the hit on my bureau?

Replies:

Posted By: SolveStudentDebt
Date Posted: 06/September/2013 at 7:54am

ANY unsecured debt that you have is part of your bankruptcy once you file. Bill C-28 is the federal act that applies to Canada student loans. Ontario legislation applies to Ontario loans.

The Ontario government asserts that if your loan was not barred before April 2004 then they are exempt from any limitations. This is their position and what they go by. However, you would think that legislation ammendments are not retroactive. It is an argument to be made really.

If the trustee became aware of the Ontario loan through some other source then a statement of affairs would have been issued. This does require a very comprehensive examination to detemrine a positive or negative outcome for you.

I can figure it out for you if you would like but that is a client-related service and cost would depend on the overall scope of work you require. The gov ernments and banks don;t want you armed with intelligence that would otherwise restrict them from pursuing you, you see. The Canada and provincial student loans programs are for-profit business afterall. Especially yhe risk-shared program.

What other loans do you potentially owe as well? Perhaps Federal and bank-risk as well, since you were attending during those risk-shared and first generation loans program years right.

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