Date Received: 2023-04-20
Issue: Incorrect information on your report
Subissue: Personal information incorrect
Consumer Complaint: I received a notification from my credit monitoring service on approximately XX/XX/XXXX that I received a 60 day late payment status from American Education Services. For context, this loan was established in and has always remained in a positive status with on time payments. In XXXX, XXXX a family member made a large payment that placed the loan into a paid good standing status through what Ive now learned to be XX/XX/XXXX. Between the periods of XXXX through XXXX my contact information changed and my e-mail was compromised. Unknowing to me, my account went back into repayment status early this year. AES did not contact me at any point to inform me there was a delinquency on the account. Upon discovering the delinquency through my credit monitoring service, I contacted the company and immediately corrected the delinquency and updated all contact information. I explained my contact information changed and they unfairly reported me to the credit bureau. The representative told me I agreed to electronic delivery years ago which meant AES will never contact me by postal service mail. They had incorrect telephone numbers, email address, etc. They had my current mailing address but never sent a letter through post. As it turns out, the agent gave me incorrect information when informing me AES would not mail me a notice because I received a letter of delinquency on XX/XX/XXXX and another on XX/XX/XXXX. This is proven by my USPS informed delivery service ( attached ). The letter was dated XX/XX/XXXX. It has been widely reported on that the U.S. postal service is underfunded and has significantly slowed. Had I received some indication there was a delinquency in a timely manner, this would have been remedied immediately as shown by my immediate response after discovering the delinquency on my credit report. I do not believe this is a fair as I made every good faith effort to correct a communication mistake from AES. They had at least one accurate piece of contact information to reach me but failed to do so in a timely manner. Further, I do not agree with the idea that electronic delivery means a financial institution do not have make good faith attempts to reach you prior to administering punitive actions. Lastly, it should also be noted I suffered a medical emergency during the period of time my account entered repayment. Attachments demonstrate I was in recovery during XXXX. I have begged them to consider the nearly 9 years of time between required payments coupled with the lack of communication and incorrect information provided by customer service representatives to remove the derogatory remark on my credit. It is clear that I take my credit very seriously and acted within 24 hours of receiving notice. Please assist me with this. I am an XXXX XXXX XXXX in a high level role with the United State military and I would never operate in manner to hold clients or stakeholders accountable after a 9 year period without making every good faith effort to contact them. I hope the same from a financial institution.
Company Response:
State: CA
Zip: 945XX
Submitted Via: Web
Date Sent: 2023-04-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-18
Issue: Dealing with your lender or servicer
Subissue: Don't agree with the fees charged
Consumer Complaint: My private student loan with AES has been traumatic experience in my early adult years where this company worked against my best interest to incur interest while I was still in school and strong armed me while I was struggling to refinance this loan at a XXXX % variable interest rate for 30 years. Resulting in my already paying XXXX XXXX XXXX XXXX dollars over the original amount. Once I pushed my career to a point that I could get a handle on this loan I was able to refinance I did so with a company I trusted and for years actually paid down the principal of this loan. Then I found out that AES bought that company and I'm stuck with them again. It is not even the full first day that AES owns this loan AGAIN that they are already spamming my email saying I'm delinquent without even first sending notice that they have this loan.
Company Response:
State: AK
Zip: 995XX
Submitted Via: Web
Date Sent: 2023-04-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-18
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I owe XXXX with interest in student loans, XXXX has a duplicate loan reporting on my credit report. The total of the duplicate loan is XXXX, this total is listed for both XXXX and FedLoan. Fedloan transferred all of my current loans to XXXX and the actual balance I owe without interest is {$9100.00} and with interest the total is {$10000.00} as previously stated. XXXX has stated they've confirmed their information is accurate when it is CLEARLY in accurate in black & white. The total amount in Student Loans XXXX is reporting reflects {$13000.00}. The correct account reporting under XXXX should remain and the Fedloan account should be removed ASAP. ALL Fedloans were transferred to XXXX and it is attached to this dispute with the actual Fedloan notice!
Company Response:
State: TX
Zip: 77045
Submitted Via: Web
Date Sent: 2023-04-18
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-17
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: AES has consistently misapplied interest payments on private student loan to previously serviced, but consolidated federal student loans. They paid XXXX XXXX {$9.00} on an account that was already consolidated ( two payments on two previous loans ), and refused the refund, and instead assessed a balance on my private student loan. I have full documentation of every on-time full payment made.
Company Response:
State: FL
Zip: 336XX
Submitted Via: Web
Date Sent: 2023-04-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-17
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: My student loan accounts were paid for and the others are closed account
Company Response:
State: NY
Zip: 11224
Submitted Via: Web
Date Sent: 2023-04-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-17
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: AES/PHEAA just increased the interest rate on a loan where they are the guarantor. Because I feel this was unjustly raised, I have to make a complaint so the Federal Government can make a determination on whether or not this was done in retaliation due to me instantiating complaints against the Agency on a regular basis for valid concerns. The Agency a ) does not respond timely to complaints b ) fails to respond accurately c ) retaliates against me for holding their agency accountable by either increasing interest rates or having their customer service staff argue or behave inappropriately during phone conversations The loan details of the interest rate adjustment are as follows : Owner : PHEAA Guarantor : XXXXAES/PHEAA School XXXX XXXX XXXX XXXX LOAN VARIABLE RATE XXXX 8 % Reason suspected for PHEAA raising the interest : Retaliation for borrower making complaints. Just because the interest rate is variable doesn't mean the Guarantor can raise it because they get annoyed with borrowers making complaints. If PHEAA claims they raised it due to other reasons, they are not telling the truth.
Company Response:
State: PA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-04-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-15
Issue: Dealing with your lender or servicer
Subissue: Keep getting calls about your loan
Consumer Complaint: Loan servicer AES continues to call me by telephone from their telephone number ( XXXX ) XXXX. I notified them twice by letter that they can contact me only by USPS letter and by email. First notification on XX/XX/XXXX ( see attached ). Followup letter on XX/XX/XXXX after recent phone calls from them ( see attached ). They acknowledged my XX/XX/XXXX letter by email on XX/XX/XXXX ( see attached ). However they continue to call me from phone number ( XXXX ) XXXX. Calls received on : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I am NOT in default with my loan.
Company Response:
State: KY
Zip: 41011
Submitted Via: Web
Date Sent: 2023-04-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-14
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: AES is reporting my five loans under sequence numbers XXXX as being closed with XXXX, XXXX, and XXXX when the accounts are actually open and active. I contacted the creditor and received a letter from them supporting my claims that these accounts are actually active and open accounts ; however they continue to report these accounts as closed with no balance to XXXX, XXXX, and XXXX. This erroneous reporting has greatly impacted my credit score and is preventing me from retaining new lines of credit from other creditors and also preventing me from being able to retain a lease for an apartment.
Company Response:
State: GA
Zip: 30019
Submitted Via: Web
Date Sent: 2023-04-14
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-13
Issue: Struggling to repay your loan
Subissue: Can't get other flexible options for repaying your loan
Consumer Complaint: From XXXX to XXXX my Co-borrower and I repeatedly made inquiries regarding payment arrangement options as well as requests to have two of my private student loans that I was unable to afford the payments on declared in default. Of the 5 student loans AES services, two have already been defaulted, one is in repayment, and the remaining two are showing as delinquent. The last payment made on either remaining " delinquent '' loan is from XXXX of XXXX. Prior to that, and since that time, no payments had been made in excess of 6 months. Delinquency exceeding 6 months meets the terms of default under the original loan agreements, however neither loan has been deemed " defaulted '' by AES. As a result of this, neither has been turned over for collections or to another agency for repayment. I have repeatedly requested these two loans be marked as defaulted so that I may make settlement or other payment arrangements on them with servicers who will accept less than the full monthly or past due amounts. AES has repeatedly not done so and has provided inaccurate information regarding the status of these loans.
Company Response:
State: NE
Zip: 68135
Submitted Via: Web
Date Sent: 2023-04-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-12
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in 1974 that protects the privacy of student education records. FERPA applies to any public or private elementary, secondary, or post-secondary school. 20 USC 1232g ( b ) According to the Fair Credit Reporting Act 15 USC 1681 section 602 ( a ) states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' 12 CFR 1022.3 states Anything added to your report without your written consent could be considered Identity theft. 15 U.S. Code 1681n ( a ) ( b ) states Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater. 12 CFR 1016.1 Purpose and Scope states ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15. Every company owes you a privacy notice before they furnish any information to our consumer report. 12 CFR 1016.4 Initial privacy notice to consumers required states ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party. XXXX, XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' Fed Loan Servicing and XXXX XXXX XXXX are financial institutions by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' Fed Loan Servicing and XXXX XXXX XXXX the financial institutions and the Consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, and XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' Fed Loan Servicing and XXXX XXXX XXXX never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also XXXX XXXX XXXX states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.
Company Response:
State: TX
Zip: 75287
Submitted Via: Web
Date Sent: 2023-04-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A