Hi johnny hope things are going well for you,

I read somewhere back were someone said something about s/l being passed the sol and that they were at this point able to be closed.

questions,

1. is this true

2. is this something a person can do for themself

3. if not, do you offer this service?

4.if someone were to attempt this on their own would it not re start the clock.

any info would be appreciated

cargo1        

just to add to my above questions if you mind,

if it is possible to close a stat barred loan would at this time the collectors stop calling or would they just keep on calling??

my ca smells blood i think, he is calling every day 3-5 times a day(work,home,cell,email)

come to think of it I wish i culd get my guys at work work to do follow calls half as well as this guy...lol

cargo

 Hi Cargo,

 1. Yes, this is true. If a CSL, or any student debt is statute barred, then it can be closed based ont he fact that debt becomes no longer legally collectible under the criteria within the act.

 2. Unfortunately, it is not really someone can do for themself without some form of intervention. I find that when individuals begin to investigate and determine that their loan is stats barred, they will get the run around by whichever student loan body it pertains to. Is it impossible for people to do it on their own? No, not at all, but it would require an education in law I would think. The general population of individuals would find it rather impossible due to the sensitivities of the "acknowledgment" issues. This means that sending in written statements to the effect may cause problems if it not approached properly. Remember, EACH case is different from the next.

 3. Yes, I offer this as a service to the student loan indebted. Most certainly. It doesn't take a lawyer to do this, rather someone who is intimately familiar with the entire program and how it works. This is part of my advocacy service.

 4. Again, due to the sensitivity of the barred issue - and acknowlegment, if people do the slightest thing wrong, it can cause major problems, yes. You see, to make a case to have the loan dismissed as statute barred, the government will want something in writing outlining the claim from the borrower. They will require the borrower to substantiate their claim and it is usually in writing. It is really a sensitive matter , especially to the HRDC or Provincial governments. It is imperative to have all the facts first, then build the case.

It must be done in a certain way and each situation is different from person to person. 

 5. If the loan is classified stats barred, and the HRDC acknowledges it, then the account would be closed from the colelctiona gency and remanded to the HRDC. The account will remain there but not on active collection status.

 6. The collector is not allowed by directive and law to call that frequently. He would have to smell blood to be doing this.

 Johnny

johnny,

in the event that a sats barred loan is remanded back to hrdc would hrdc not then begin the collection process or initate set off on i-tax and gst, Or would this not be allowed because of stats barred????  

cargo 

 Hi Cargo,

 Once a CSL has been classed as ststute barred, the government must recall the loan if it is assigned to a 3rd party PCA. Then, it will be deactivated from that point. The loan will still be on record within the HRDC's database but no collection activity can take place under the statutes of limitations.

 Traditionally, once a CSL is technically closed statute barred, the liens on I tax and GST are to be removed. There are cases whereas some individuals claim that their CSL is statute barred and are still having Income tax rebates liened off. This would indicate to me that the loan is actually not statute barred.

 The regulations in place for HRDC's movements in this regard are pretty clear. Based on the fact that when a student loan becomes statute barred, the loan is no longer "legally" collectable therefore it is to be removed from the 3rd party PCA and closed. The HRDC will still have record of the loan in their database, however. The income tax and GST liens ARE to be removed in these cases because of the statute barred description outlined in Bill C-28 and the standard regulations that govern the HRDC's collection services.

 Now, if a CSL borrower is stats barred, and acknowledges the debt "after the fact".. then problems like this may arise, you see.

 It all boils down to an individual's "awareness". The 4 questions and answers that support this element of awareness are:

 1. When did the HRDC reimburse the bank for the guaranteed CSL?

 2. When was the last payment received BY the CSLP/HRDC?

 3. When was the last written acknowledgment receved by the CSLP/HRDC/?

 4. Has a judgement been awarded in favor of the CSLP/HRDC?