by Raymond » Thu Aug 28, 2008 11:12:12 AM
Option 1: Call them
Option 2: Don't call them and wait for each 6 year limitation period to run out on the federal and provincial portions of the loan.
If you choose option 2, note that The Alberta Limitations Act's 2 year limitation period on the provincial portion of the debt is superceded by the Student Loan Act [of Alberta], Section 12's 6 year exception for student loans. To wit:
12 The Limitations Act applies to claims, within the meaning of that Act, arising under this Act except that, instead of the 2-year period referred to in sections 2(2)(b) and 3(1)(a) of the Limitations Act, a 6-year period applies for the purposes of this Act.
1998 c30 s2 (RSA refers to "Revised Statutes of Alberta")
As well, if you read bill C-28, the Federal Student Loan Act, you will see that student loans can be revived after expiry of the SOL by all sorts of things that you might not even consider to be an acknowledgment. Tread carefully.
Ray