Date Received: 2020-11-17
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: As it is written in federal law for electronic signatures, Navient is not following the rules. Under the Electronic Signatures in Global and National Commerce Act ( E-Sign ) established by Congress on XX/XX/XXXX ( Pub.L. 106229, 114 Stat. 464, enacted XX/XX/XXXX, 15 U.S.C. ch. 96 ) it also states : if the consumer consents electronically, or confirms his or her consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information ( section 106 defines information as : The term " information '' means data, text, images, sounds, codes, computer programs, software, data-bases, or the like. ) that is the subject of the consent ; and ( D ) after the consent of a consumer in accordance with subparagraph ( A ), if a change in the hardware or software requirements needed to access or retain electronic records creates a material risk that the consumer will not be able to access or retain a subsequent electronic record that was the subject of the consent, the person providing the electronic record ( i ) provides the consumer with a statement of ( I ) the revised hardware and software requirements for access to and retention of the electronic records, and ( II ) the right to withdraw consent without the imposition of any fees for such withdrawal and without the imposition of any condition or consequence that was not disclosed under subparagraph ( B ) ( i ). e ) ACCURACY AND ABILITY TO RETAIN CONTRACTS AND OTHER RECORDS.Notwithstanding subsection ( a ), if a statute, regulation, or other rule of law requires that a contract or other record relating to a transaction in or affecting interstate or foreign commerce be in writing, the legal effect, validity, or enforceability of an electronic record of such contract or other record may be denied if such electronic record is not in a form that is capable of being retained and accurately reproduced for later reference by all parties or persons who are entitled to retain the contract or other record. You named a company called " XXXX '' and there is no company with that name currently that handles contracts that are signed electronically. So if this is a real company, they would have access to the electronic record on a hard drive or software such as the audit trail and IP address for digital date security. I have repeatedly requested those records and you refuse to provide them even though legally I should have access to them. Who is the contact for XXXX? I should be able to contact them directly and get the audit trail, digital date certificate, and IP address for the supposed electronic signatures. The name alone implies there would be an electronic record of this transaction. If you can pull up the document ( even though I can not pull up the document on my own ) then it should be just as easy to pull up the audit trail and digital data certificates!!!!! Every company that has electronic accessible accounts or documentation has an electronic audit trail that tracks login information for digital data security purposes such as IP addresses ( which would provide my exact location if I in fact signed electronically as you claim ) used when account was accessed, date, time of login etc? I have asked for this multiple times via email for everything that I supposed signed online and Navient refuses to acknowledge it or provide it. XXXX Said via email : " you also requested the plan online in XX/XX/XXXX ( application attached ). Since this request was also completed online, it was electronically signed '' I asked for and never received : It is funny how now XXXX now claims I requested it online ( XXXX XXXX made no mention of how it was requested in her previous responses which is why I asked for proof of how I " contacted '' Navient to ask for it ) and then signed it electronically even though the form clearly states in BOLD : " To enroll in a repayment plan identified below, sign and fax this form to us at XXXX, or mail it to : Sallie Mae, Inc XXXX. XXXX XXXX XXXX, PA XXXX '' It clearly states that can ONLY be faxed or mailed in which you refuse to acknowledge that there is no mention of an electronic option. So I supposed requested it " online '' and " electronically signed '' it the same day but then also previously requested in XXXX on the forged by Navient promissory note in Section E on page 3. ( 1 ) So 7 years apart I made the same request for a 2 year graduated plan on the promissory note in XXXX on section 3 page 3 and separately on a Sallie Mae repayment option request form online in XX/XX/XXXX? ( 2 ) When I asked how I requested it, now Navient claim I requested online but provided no proof that I repeatedly requested of when, where, electronic record of my login,? ( 3 ) It is easy to claim everything was done online when you can not provide proof of the request such as audit trail, IP info, email confirmation, etc. ( 4 ) Somehow I managed to electronically " x '' a tiny box in XXXX ( even though everything before that promissory note was handwritten ) but in XXXX I supposedly put an " 8 '' instead of an " x '' on a form that clearly states it has to be faxed or mailed only. No mention of electronic signature or electronic filing anywhere on the page. XXXX said via email : " Additionally, we spoke with you on numerous occasions, without you mentioning fraud, '' I have repeated asked for proof of that which Navient refuses to provide : WHEN DID NAVIENT " SPEAK TO ME '' ON NUMEROUS OCCASIONS? Navient records ALL calls for quality assurance right? Where are all the call recordings of me calling Navient and dates and times did I call and what number did I call from since Navient claims that I have spoken with them numerous times. Why is that so hard to provide if Navient " spoke '' with me numerous times? XXXX Said : Fraud If you feel this loan was disbursed fraudulently, we encourage you to complete the attached Fraud packet and return it to us for review. Please note, a police report may also be required. However, we can not further review your fraud allegations without this completed packet. You also sent : LOAN DISCHARGE APPLICATION : FORGERY However, the application clearly frames all questions as geared towards a school or individual committing the fraud when I am clearly accusing Navient because Navient have failed to provide the proof that I have reasonably requested multiple times and should be easy to obtain. Other questions as what I did with the funds even though I never physically received the funds. It also states that 3 months must have of lapsed since I found out about the forgery and it hasn't. It also clearly states : " You can use this form to apply for discharge of a FFEL Program or Perkins Loan Program loan only if the loan is held by the U.S. Department of Education ''. Navient clearly stated that these loans serviced by Navient are NOT held by the US Department of Education. So wouldn't that disqualify me? Also my local police department will NOT file a report because of the statue of limitations ( XXXX and XXXX ) and because I say it Navient that did it not an individual nor school. They said it is a civil matter not a criminal one. So they gave me a form that I CAN NOT use and knew it! I hate liars and Navient has lied since Day 1 and won't provide audio calls since they claim they have " spoken '' with me numerous times, nor audit trails for electronic signatures, or digital data certificates which would produce IP address details and more for all electronic signatures, logins, etc.
Company Response:
State: TX
Zip: 770XX
Submitted Via: Web
Date Sent: 2020-11-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-17
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: Hi, After downloading an XXXX file showing all of the transactions for payments made on our student loan, it was revealed that all payments made during the five year period of XXXX - XX/XX/XXXX were only allocated towards the loan interest. This left us with {$290.00} total paid on the principal and {$5000.00} paid towards the interest. We always went with what the phone advisor suggested for repayment plans for this loan and for our XXXX XXXX. Our XXXX XXXX, which started at a similar amount, has been paid off in full since last year. Navient clearly set us on the worst possible path towards paying into their profit and never paying off the loan. Keep in mind that this is a FFELP loan, the interest rate is set by Congress, and we were given this based on our FAFSFA paperwork as part of our need-based student aid package, so we had no reason to believe that this low interest, need-based loan would be employing tactics to extend the amount of time we would be in repayment or keep us stuck for years only paying interest. The first few years of payments were confusing. Over the phone we would be told to make a double payment, then we wouldn't receive a bill for the next month. Instead, we would receive a late fee notice for the following month. This is shown with double payments on XX/XX/XXXX, XXXX, XX/XX/XXXX, XX/XX/XXXX. Each of these payments are followed by a month with no payment and a subsequent month with a late fee. When we started trying to get set up on direct deposit to qualify for the .25 % interest reduction rate, the online portal would do the same thing. This is shown with double payments on XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. Each of these payments is followed by a month with no payment, and then a subsequent month with a late fee. We were told the direct deposit system had bugs and sometimes just didn't take the money out of your account, so we needed to start checking with the bank each month. Each time the system failed to take money out of your account, we were told it would self-disconnect, so we would have to go through the set up process again to keep using it. All of this was irritating, but it kept us focused on trying to get the payments straight and distracted us from the real issue, which was that the money we were paying was only going towards interest. At no point did anyone bring up the fact that making the double payment they continued to suggest ( to make up for the month that was suddenly " late '' and the next month ) was most likely putting the account into overpayment and that was the reason they were not billing us or running the direct deposit for the month after the double payment. We complained that nothing like this had ever happened on any account we had ever paid before and they acted dumbfounded. At no point did anyone ever ask if we would like overpayments to go towards the principal or offer us any options to have the account set up in such a way that monthly withdrawls would continue in the case of overpayment, even though it was clear that this was what we wanted. Once the direct deposit was working consistently on the loan, we increased the monthly payment, first to {$200.00} in XXXX XXXX more than double the payment Navient had suggested XXXX, then to {$350.00} once the other student loan was paid off. Since XXXX we have paid {$5500.00} on our principal and {$2200.00} on our interest, so Navient is still making a significant amount of money off this loan. Looking back at the first five years that we spent paying {$290.00} on the principal and {$5000.00} on interest just isn't right. That leaves us at a total of {$5800.00} paid on the principal and {$7300.00} paid in interest. Together that's {$13000.00} paid to Navient. However, we still owe {$13000.00} on this {$19000.00} loan. Navient has been caught encouraging its staff to lead people to make poor repayment choices for its own benefit, and we are clearly a victim of these practices. Upon contacting Navient about this issue, they replied with a letter stating that if we're having trouble making payments ( we're not ) we may qualify to make interest-only payments! This is exactly the thing we wrote to them to complain about. It is sickening that they can operate on this level of arrogance and continue to deceive people who were given loans as government aid.
Company Response:
State: NJ
Zip: 07076
Submitted Via: Web
Date Sent: 2020-11-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-17
Issue: Struggling to repay your loan
Subissue: Problem lowering your monthly payments
Consumer Complaint: To whom it may concern : Thank you for taking the time to look over my complaint concerning Navient. For years I have been a prisoner to Navient. When I decided to take out a private student loan with Navient ( formally Sallie Mae XXXX, I intended to make enough money to repay my loan. Unfortunately, I was not able to pay due to my low income. I asked for forbearance and a deferment with Navient. Yes, I received both, but I was still not able to pay. Years later, I applied to a program from Navient called Rate Reduction Program with Extended Repayment. I thought the program would suit my needs due to my low pay. Unbeknownst to me, the payments go up every six months. For last six years, I've been making on-time payments because I was able to be in a position where I was making a little more money than before. I was still struggling a little bit because I also have a hefty federal student loan to pay for and other bills. Now, my payments with Navient are {$480.00} and will go up again in XX/XX/2021. I do not have a problem paying the bill, but I do have a problem with the payment going up every six months. I can NOT afford the payment going up because I have other bills to pay. What I am enduring is an unfair situation for me. I tried to get my loan refinanced with Navient ; the application I applied to was denied. I tried talking to a manager, but I will get the same story : " the payment can not be lowered ''. One day, I was disrespected by a representative stating : I should've thought about paying loans before I started school. Navient is practicing unfair treatment concerning their consumers. Every-time, I try to take a step forward, Navient is holding me back. I feel like Navient does not care about their customers and what they go through in life. I would love to have my bill lowered and at a fixed rate ( not ) variable. If someone can please help me with this situation, I would greatly appreciate it. I have attached documents showing that I have been making payments and the payment going up. Also, where the loan started at {$18000.00} to now {$61000.00} due to interest rates.
Company Response:
State: MD
Zip: 20744
Submitted Via: Web
Date Sent: 2020-11-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-17
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: This complaint is against Navient, the company that services my daughter 's student loans and for which I have Power of Attorney. Despite having my phone number, Navient calls other members of my family and acquaintances of my daughter. I have a robo-call blocker on my phone number and they insist on using a robo-call dialer in attempting to reach me. When those calls are blocked they resort to calling others. Yesterday they even called a children 's dance studio where my daughter took dance lessons 15 years ago! This is unethical and should be illegal.
Company Response:
State: FL
Zip: 32779
Submitted Via: Web
Date Sent: 2020-11-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-17
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: Navient continues to erroneously report old student loan accounts that I consolidated with them, paid every month on time until it has finally been paid in full. The four loans they consolidated first went into default in 2009 and for whatever reason, they simply refuse to remove it off my credit reports. I have tried to dispute it with them. I have tried to dispute it with the credit bureaus to which they specifically told me NAVIENT is reporting the items as accurate. I even filed a complaint here ( XXXX ). They replied that they have nothing to do with the reporting of those extremely old accounts that should of aged off years ago and to contact XXXX. I contacted the original lender XXXX and they told me they are not reporting anything to the bureaus about me and no longer even have records of me having had loans with them - that is how old these loans are. I am enclosing proof that it is in fact NAVIENT that is reporting these old student loans as recently delinquent. I spoke to representatives both at XXXX XXXX and XXXX and they both confirmed that it is NAVIENT who continues to report these accounts to my credit report. Please see contact information at the end of each report. This is affecting my credit greatly. And during this pandemic and all the lawsuits against Navient I would of guessed theyd take closer look into my complaint and see where they erred as this is costing my such financial and emotional burden.
Company Response:
State: CT
Zip: 064XX
Submitted Via: Web
Date Sent: 2020-11-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-16
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: I have been making payments totalling {$56000.00} on and off since 1993 on the original federal student loan amount of {$19000.00} with a 9 % interest rate. As of today my principal loan amount shows a balance of {$21000.00}. I have printed out my payment history and adding in all the capitalized interested, fees and other questionable maneuvers on top of the original principal with interests I show I have over paid my loan by {$14000.00} yet they show I still owe {$21000.00}!? When I speak with them they just offer a large monthly payment, nearly the size of my mortgage, that I can't afford, a income sensitive payment option which doesn't change the principal or a forbearance but they can't explain why I can't make any headway. I feel I will never get out of this loan. Please help!
Company Response:
State: MI
Zip: 48085
Submitted Via: Web
Date Sent: 2020-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-16
Issue: Dealing with your lender or servicer
Subissue: Keep getting calls about your loan
Consumer Complaint: Am being called several times a day from the same number. No messages are left they call and hang up!!
Company Response:
State: IL
Zip: 60438
Submitted Via: Web
Date Sent: 2020-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-15
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: Navient charged off two federal loans XX/XX/2005. One for {$11000.00} and the other one for {$30000.00}, which appears on my credit report. However, I settled both accounts for {$6000.00} and was informed by XXXX XXXX, third party debt collection agency, that the account on my credit will change from charge off to settled which should reflect on my credit report.
Company Response:
State: MI
Zip: 48174
Submitted Via: Web
Date Sent: 2020-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-14
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: I previously opened a case with Navient on this website in XXXX case number XXXX which mentioned the unfair automatic capitalization of interest after I enrolled in a graduate program. As a resolution they stated they reversed the capitalization that occurred in XXXX, which was great, but it appears that they have undone this resolution in my Navient account after my case was closed with CFPB. This is a dishonest resolution to that case and I am reporting it here.
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2020-11-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-11-14
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have filed a dispute in regards to the incorrect items on my credit report. It was been well over 30 days and I haven't received my investigation results.
Company Response:
State: GA
Zip: 30294
Submitted Via: Web
Date Sent: 2020-11-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A