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I am living in Australia but I am a nz citizen I had a

Customer Question
I am living in...

I am living in Australia but I am a nz citizen I had a student loan 20 years ago for approximately 5000.00 they want me to pay them 19000.00 as the arrears have accrued. They never contacted me in all that time

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Queensland

Lawyer's Assistant: Has anything been filed or reported?

They have given the bill to baycorp

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

Submitted: 8 months ago.Category: New Zealand Law
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Answered in 6 minutes by:
11/22/2017
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,776
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today.

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Customer reply replied 8 months ago
Thank you
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

There is no limitation period for collection of a student loan debt, and this is why they are able to require you to pay. I would suggest your best approach is to consider your ability to pay, and reach some agreement. The student loan does unfortunately attract interest and penalties, but sometimes you can negotiate to make a lump sum payment to clear the debt. If you cannot clear the debt like that, then you can make payment by instalments and you would need to make some disclosure of your income, assets and liabilities

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Customer reply replied 8 months ago
No thank you I just want help with this problem I do not object to paying the original loan but the arrears are exorbitant
Customer reply replied 8 months ago
What do I do about the baycorp
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

The legislation which sets out student loan terms gives the power to charge penalties and interest. So while I am sympathetic to your view that the arrears comprising the penalties and interest are substantial, Inland Revenue have the right to charge these. The best I can suggest is to negotiate with Baycorp to see if they would accept a deal

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Customer reply replied 8 months ago
Ok but IR have known where I have lived the whole time I have been here and never contacted me regarding payment of this loan until recently
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

It will not be any comfort for you to know that you are one of many in the same position. It is only relatively recently that Inland Revenue have started to chase down student debt in Australia, because there are agreements between the two countries about enforcement. Ordinary contracts have a limitation period of six years, but under the student loan legislation there is no limitation period

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Customer reply replied 8 months ago
Ok thank you for your time I will contact baycorp to see what can be done
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.

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