I had an OSAP loan back in 1996.
This was back when the bank would take the loan and it was funded through the government (two parts to loan, federal part and provincial part).
Long story short, I defaulted on about 7k owing for the federal portion of the loan. For several years collection agencies called me. After awhile the calls stopped. I called one of the collection agencies around 98 - 99 and they said that the loan had been recalled by the bank.
Around 2005 I tried to track down who I needed to pay spending hours on the phone. Nobody could find any record of the loan. Not on my credit bureau, not through National Student Loan Centre, various government departments, I even called ScotiaBank with the loan number and they couldn't find it (I think that I got the loan in the year just before they changed the whole OSAP system to one integrated loan done through the government instead of the banks.)
Finally I gave up and figured as long as it's not hurting my credit score who cares.
Has the statute of limitations passed on this debt? I know 10 years needs to go by from when you were last in school, however I returned to college in 2005 for one year.
Just worried that one day in the future I'm going to get a call "You owe us the original 7k + god knows how much interest".
Canada Student loans granted under the Canada Student Loan Act and the Canada Student Financial Assistance Act have a six year limitation with exceptions as outlined in the Acts. Read them as they can be read online. Ontario has no limitation period for student loans. The new Limitations Act which has a basic limitation period of two years specifically notes that such limitation period does not relate to student loans. See also Interpretations Act in Ontario re crown debt.
If you have gone bankrupt prior to the expiration of the 10 year limitation period set out in s. 178 1g of the Bankruptcy and Insolvency Act, you may apply to the bankruptcy court after the expiration of the 10 yr period for an order including the loans in your earlier bankruptcy provided you have acted in good faith regarding payment of the loan and the debt continues to be an ongoing burden. See s. 178 1,1 of the BIA. I have made over 70 such applications for clients all of which have been successful.
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