Date Received: 2021-07-21
Issue: Struggling to repay your loan
Subissue: Can't get other flexible options for repaying your loan
Consumer Complaint: My loans are serviced by Navient. They contact me relentlessly, and in a harassing manner on a daily basis. I have asked repeatedly about the CARES act and forbearance due to same. I am told that it does not apply to me, and put on a regular forbearance instead. My loan was " prior to 2010, so it isn't owned by the Department of Education. '' I don't understand that, and she couldn't explain it to where I could. She threatened me with credit reporting and ongoing late fees, etc. She talked me into another forbearance, because I wouldn't qualify for any " forgiveness '' that may happen. I don't understand why, if my loans are not owned by the Department of Education, they were not discharged in my bankruptcy i. I don't understand why they call me several times a day! It is frustrating and I am not sure what else to do.
Company Response:
State: OK
Zip: 740XX
Submitted Via: Web
Date Sent: 2021-07-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-20
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I am a victim of identity theft and I have submitted a notarized affidavit which serves as a legal document to my identity theft. I am also a victim of the XXXX breach and opted out of the settlement because I have suffered extreme losses due to the breach and the identity theft. I need the fraud accounts that are in my letter that is attached removed permanently from my file as I have also contacted the creditors as well. This is extreme in violation of my fair credit reporting act rights and I will seek legal recourse. I have also attached the printout of me being affected by the XXXX breach as well.
Company Response:
State: SC
Zip: 29073
Submitted Via: Web
Date Sent: 2021-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-20
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I entered a consumer credit transaction with this organization and extended them my credit and as a result they used my credit card ( as described in 15 USC 1602 ) and was extended credit in a consumer credit sale. they are now claiming that they originated the credit I extended to them, in which constitutes fraud, the alleged interest not included in the finance charge ( sum of all charges ) Pursuant to federal law They have committed fraud and several violations of the FDCPA and TILA. They are now threatening me for an alleged debt that they claim I owe. I never received a Material Disclosure of any of the information that was supposed to be provided to me. they have taken an unfair advantage of me as a consumer, and they should be held accountable for deceiving me and not validating the debt. They have not validated anything ; they have ruined my character and general reputation by reporting erroneous information on my consumer report and included a symbol on the contents of the envelope for the mail carrier or any person affiliated with the mail service or comes in contact with the envelope thats alleging I owe a debt. Theyve act as if they are unaware of what I am requesting or that the law does not apply to them and I've included evidence and proof, pursuant to federal law with facts that prove that the law does apply to them and that they must adhere to them. They have not provided me with any original documents, and they have disregarded the law by saying, they do not have to provide me with anything except billing statements or applications, which is not proof of validation or proof that I owe anything. They are also claiming that they must report information to the credit bureaus, however cfpb handbook 3.1.1 furnishers incentives and decentives states- reporting to credit bureaus and other consumer agencies by creditors is voluntary and historically has been. Furnishers have multiple incentives to contribute data to NCRA one of which is for borrowers to make timely repayments. Their willful non-compliance has damaged my reputation as well as my credit file.
Company Response:
State: FL
Zip: 347XX
Submitted Via: Web
Date Sent: 2021-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-20
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 was not working during XX/XX/XXXX until end of year. I didnt receive unemployment. I never received information about my student loan payment being due. My Navient student loan went into 90 days past due. Per the government, government owned student loans were suppose to automatically been Suspended from XX/XX/XXXX until XX/XX/XXXX. I was recently already in forbearance but navient put be past due when payments where supposed to been suspended. My XXXX XXXX student loans were suspended during this time period. Why was I charged and put into default ( late ) when the government postponed payments during this time! Even though my loan was in forbearance it didnt automatically go into administrative Forbearance that is mentioned on Navient website.
Company Response:
State: MS
Zip: 397XX
Submitted Via: Web
Date Sent: 2021-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-20
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: This account is involved in litigation for fraudulent practices according to my FCRA rights. I have not supplied proof under the doctrine of estoppel by silence, Engelhardt v. Gravens ( Mo ) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. Note that the collector has to stop all collection activities until it can provide all the evidence. Under the FDCPA Section 809, Validation of debts [ 15 USC 1692g ] I have the right to verify any alleged debt on my credit report and if the alleged debt is being disputed, the debt collector shall cease.
Company Response:
State: TX
Zip: 76051
Submitted Via: Web
Date Sent: 2021-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-20
Issue: Dealing with your lender or servicer
Subissue: Problem with customer service
Consumer Complaint: Navient calls every night. I have never had a student loan. I need them to quit calling. When you try to speak to them they hang up.
Company Response:
State: MO
Zip: 63376
Submitted Via: Web
Date Sent: 2021-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-20
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: I am a victim of Identity theft. Please delete or remove this item on my behalf. This item is not mine and this is greatly affecting me and my personal life. I request that you block the following information and Please let me know if you need any other information from me to block this information from my credit report. Thank you
Company Response:
State: GA
Zip: 30294
Submitted Via: Web
Date Sent: 2021-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-20
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Due to a misunderstanding regarding the CARES Act, I was unaware that my federal student loans were not included and therefore did not make payments on them from XX/XX/2020-XX/XX/2020. On the last day of each of these months, my student loan serviced, Navient, submitted inaccurate/incomplete information to the CRAs by continuing to report each of my four loans as current and with no past due balance indicated although they were actually 30 delinquent in XX/XX/2020 and 60 days delinquent in XX/XX/2020. This inaccurate reporting mislead me to believe that my loan payments were indeed suspended as per the CARES Act. As a result, I continued to skip my monthly payments until receiving a notification in XX/XX/2020 from the CRAs indicating that each of my four Navient accounts were being reported as being at least 90 days delinquent. I immediately contacted Navient and submitted complete payment including interest and late fees. I also requested that the negative reporting on these accounts be removed due to Navients previous failure to comply with the FCRA and their obligation to report accurate, up to date, and complete information ( including delinquent account statuses ) each time information is furnished to a CRAs. I was informed by Navient that my request was denied due to the FCRA did not allow them to make such an adjustment because the accounts were indeed 90 days delinquent. I explained to multiple representatives that Navients direct violation and failure to comply with the provisions of the FCRA in the preceding months were unlaw and misleading to me as a consumer and that had Navient complied with their credit reporting obligations, I could have taken care of the situation in XX/XX/2020 when the loans were only 30 days delinquent. Navients intentional withholding/misreporting of the status of each of my accounts caused a much more significant and unnecessary impact on my credit profile. Navient dismissed my inquiries regarding the inaccurate reportings prior to XX/XX/2020 and informed me that Navients policy is to not report delinquencies until 90 days. I requested a copy of this policy ( as The Furnishers Rule requires that written policies regarding credit reporting practices be maintained. ) I was told that a copy was not available online and that I would receive a written copy by mail, which I never did. I did, however, later receive and email instructing me to refer to the Department of Educations Common Manual as Navients reporting practices align with the referenced publication. Upon referencing the Common Manual, I discovered the following : *The guidelines published are merely recommendations by the Department of Education , and not a written policy maintained by Navient as I had requested. *The manual clearly states that information reported by lenders, including repayment statuses of loans, is NOT to affect the provisions of the FCRA. *Lenders are only required to provide information to the CRAs quarterly and are ENCOURAGED to wait until a borrower is at least 60 days delinquent before reporting the delinquency. Therefore, Navient is not required to provide monthly reportings to the CRAs as they do, but they ARE still obligated to comply with the provisions of the FCRA when they do provide information to the CRAs. Navient is also not REQUIRED to wait until loans are at least 60days before disclosing the delinquent status of a loan as they informed me that they were. If Navient wished to wait until my accounts were at least 60 days delinquent as recommended by the Department of Education, then they should not have continued to submit monthly reportings to the CRAs regarding my accounts. Instead, they should have chosen to not provide reportings until XX/XX/2020. Once again, the fraudulent reportings made in XX/XX/2020 and XX/XX/2020 caused unnecessary confusion as well as unfair and significant damage to my credit profile. As you are aware, this damage will affect my credit worthiness to lenders for the next 7 years and can cause me extreme financial hardship. I have submitted multiple complaints to Navient as well as disputes to the CRAs regarding this matter, but they have all fallen upon deaf ears and the negative reportings remain in place. I beg of your assistance with resolving this matter. Lenders such as Navient need to recognize the importance of their responsibilities to provide accurate information to CRAs ( even if the information is negative ) and to maintain clear reporting policies/practices to prevent future unnecessary harm to the credit profiles of consumers such as myself. Thank you for your time and consideration in this matter and I look forward to hearing from you soon!
Company Response:
State: LA
Zip: 710XX
Submitted Via: Web
Date Sent: 2021-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-19
Issue: Dealing with your lender or servicer
Subissue: Don't agree with the fees charged
Consumer Complaint: I was a student at XXXX XXXX from XXXX - XXXX, while applying for financial aid the financial advisor at this campus never went over interest rates, early payment options or any financial statements other than approval for the loan or not. 90 % of my loans were not applied to federal aid, forcing them to privet companies, Sallie Mae in this instance. Being a financial advisor at a for profit school and having young people not knowing any better couldn't have been easier. I have been trying to work with now Navient ( was Sallie Mae ) on getting this loan refinance or discharged for at least 10 years now. I've been outright told at least a dozen times that I do not qualify for a lower interest rate or refinance option because I make my payments on time. Navient has declined my attempts to refinance these loans. I asked how much I have paid towards the principle and was told around {$12000.00} over the past 14 YEARS. When I asked how much I've paid in interest they hit me with {$70000.00}. The original loan amount was around {$48000.00}. Today, there isn't a student loan refi company that will entertain my loans being refinanced for a lower rate because I attended XXXX XXXX from XXXX. Navient continues to refuse refinancing my loan and refuses to lower my interest rate so that I can pay them off. Fortunately, I have been been able to may my payments on time, but at what cost? I have been unable to purchase a house, car, certain jobs or get other loads due to the burden of these loans. They have taken their toll on me mentally and financially.
Company Response:
State: MD
Zip: 21702
Submitted Via: Web
Date Sent: 2021-07-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-19
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I currently have four federal student loans serviced by Navient / Dept of Education. These loans have been in forbearance since the beginning of the initial repayment period. My credit reports four late payments on four each of these loans, totaling 16 late payments in my credit history ; a very damaging number. Forbearance was granted retroactively to cover the dates of these late payments, however in educating myself on the subject, I have found that Navient 's refusal to update the reported payments as " no payment due '' and remove these derogatory marks from my record in conjunction with their willingness to extend the forbearance for that period, in clear violation of the FCRA Notice to Furnishers of Information : Obligations of the Furnishers Under the FCRA. I find this also to be in violation of the Higher Education Act which dictates : " as required by Sec. 464 ( h ) of the HEA, as well as correcting a reported delinquency to reflect the application of a backdated deferment and forbearance that converted the original period of delinquency into a period where no payment was due ( Sec. 463 ( c ) ( 4 ) ( A ) of the HEA states that an institution " shall disclose promptly to such credit bureau organization any changes to the information previously disclosed ''. I am a hardworking individual who attempts to make responsible choices, and my creditworthiness is not reflected accurately as a result of this error in reporting. This unfairly affects my ability to obtain credit, housing, and even employment.
Company Response:
State: IL
Zip: 606XX
Submitted Via: Web
Date Sent: 2021-07-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A