Date Received: 2023-08-23
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX, IL XXXX Navient Accord & Satisfaction XXXX XXXX XXXX XXXXXXXX PA XXXX Account Number : XXXX Dear Sir or Madam, Please review and respond to each consumer violation listed below. This letter is in reference to two late payments remarks.. The account number is Loan Account Number : XXXX, loan number XXXX Notice was received less that's 21 days before due date the loan was NOT processed correctly in accordance to Credt LAW 15USC 1666b. Notice was not properly delivered within the proper timeframe. A RETRACTION IS REQUIRED IN ACCORDANCE TO THE LAW. A creditor may not treat payment on a credit card account under an open 317 end consumer credit plan 15 USC 1666B ( a ) A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose.15 USC 1666Bla ) 156 A creditor may not treat payment on a credit card account under an opens end consumer credit plan Your company is in clear Violation of the law. Under 15 USCI16846 - permissible purpose of cont reports, THE LAW CLEARLY STATES : ( a ) IN GENERAL Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report und following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Did I give you written instructions to furnish this on my credit report? Furthermore, the FAIR CREDIT REPORTING ACT 15 USC 1681 ( 2 ) ( a ) ( i ) Exclusions fre- con credit report clearly states : AVC ( 2 ) EXCLUSIONS. -Except as provided in paragraph ( 3 ), the term " consume include- ( A ) Subject to section 1681s-3 of this title, any- ( i ) report containing information solely as to transactions or experiences between the con and the person making the report. XXXX Delete the above late payments from my consumer report, this agency is in violation o f 15 USC 16 CONSUMER LAW 15 USC 6802B.THE OPTION TO OPT OUT FROM from credit option was not presented this another violation that warrant retraction ( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties no- tified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dis- pute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dis- pute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency. ( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolu- tion of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delin- quencies were initially reported. ( Pub. L. 90321, title I, 162, as added Pub. L. 93495, title III, 306, XXXX XXXX XXXX 88 Stat. 1513. ) 1666b. Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a cred- it card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures de- signed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the pay- ment due date. ( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without in- curring an additional finance charge, such addi- tional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. A response and correction are required within 10days, XXXX XXXX
Company Response:
State: IL
Zip: 60610
Submitted Via: Web
Date Sent: 2023-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-23
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: For over XXXX months I have tried to change my direct debit bank and it keeps getting messed up. They keep tacking on late fees and pushing payments onto the end of my loan which accrues more interest for them.
Company Response:
State: TN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-23
Issue: Dealing with your lender or servicer
Subissue: Keep getting calls about your loan
Consumer Complaint: I am XXXX and my loans have been discharged but the problem is that this particular loan is consolidated with my husband and my portion is paid off. However, Navient has still continued to send the statements in my name and rack up fees, and I have called them and told them the situation. I can not take my name off the account. I have contacted Federal Student loans and they have ignored me ; I have contacted XXXX. My credit is tanking. I have tried to set up a payment plan to pay it but I need my husband 's cooperation and we need to be on the call at the same time. Please help me get Navient to stop sending me bills in my Name. My husband is in deferment so we should not be getting a bill anyway
Company Response:
State: WA
Zip: 991XX
Submitted Via: Web
Date Sent: 2023-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-22
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: I keep getting billed while I was in attendance and before my 6 months grace period of repayment. I also graduated and I have a 6 months grace period before paying off any student loans and I am getting billed. I got billed before I even walked at graduation. I am now getting a bill that I am 60 days delinquent. My school XXXX XXXX contacted Navient during the semester and after graduation, they send a letter and updates the clearing house information to reflect my graduation date. They also offered me a deferment which will add as interest is applied instead of honoring my 6 months grace period. The companies are Navient and their guarantors XXXX. I am on a 6 months grace period, repayment begins in XX/XX/2023. I am getting harassed by their guarantor credit debt collector agency XXXX and Navient. There was a news briefing about Navient in a lawsuit settlement for using sneaking tactics like offering deferments instead of reasonable and legal options for students. Please resolve this issue as I didnt even walk to graduation and receive a diploma yet and they started billing me. I called the guarantor and they stated they are not responsible for input of status that Navient is responsible to apply the status to the account. I called Navient and they did not apply my current status to the account however on the phone which is quality control and recorded the representative did say she sees my information updated by XXXX XXXX on the clearing house database. Phone calls were made to Navient in XXXX and XXXX and phone calls to the guarantor was made in XX/XX/2023.
Company Response:
State: CT
Zip: 069XX
Submitted Via: Web
Date Sent: 2023-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting Act this creditor has violated my rights. Under 15 usc 1681 section 602 states I have a right to privacy. 15 usc 1681 section 604a section 2 it also states a consumer reporting agency can not furnish an account without my written instruction. Under 15 usc 1666b a creditor may treat a payment on a credit card account under an open and consumer credit plan as late for any purpose.
Company Response:
State: SC
Zip: 29063
Submitted Via: Web
Date Sent: 2023-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-21
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: Primary borrower filed bankruptcy in XXXX for the loan. The company has recently gone through a lawsuit, and they have finally discharged the loan. But they are now saying they can remove the primary 's name off the loan and make me as the co-signer responsible for the loan now. I have researched and I don't see anywhere that this is what they can do. Also, the amount of the loans they are collecting for is not coinciding with the amount they are asking for the loans to payoff these loans.
Company Response:
State: GA
Zip: 31313
Submitted Via: Web
Date Sent: 2023-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-21
Issue: Dealing with your lender or servicer
Subissue: Don't agree with the fees charged
Consumer Complaint: Navient failed to inform me when the pandemic payment pause was ending and subsequently started charging me late fees totaling over {$1500.00} before I became aware of it. I called and complained about it and they reduced the amount owed but it was only about {$400.00}. It doesnt make any sense that they would only eliminate only a portion of the late fees. It was their fault for not communicating when the pause was ending. I never chose to have navient be my loan servicer. My XXXX loans were passed off to them without my consent. Ive been making loan payments for almost 2 years as required by navient. Somehow, these federal loans were not eligible for the loan pause that is ending this month for others.
Company Response:
State: IL
Zip: 612XX
Submitted Via: Web
Date Sent: 2023-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-22
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Hello, Last year I filed a complaint using Dept. of education and CFPB about this exact issue and while it seems that Dept. of Education 's explanation of COVID federal student aid relief was incorrect ( as was my own state Senator 's ) the combined complaints got NAVIENT to actually pay attention to my current IDR and got off my back and stopped falsely reporting missed payments ( considering you can't miss a payment if your payment is $ XXXX ). It's just frustrating that my IDR was good till around XXXX or so and I just recertified yet NAVIENT started asking for repayment before that and ignored my contact attempts to remind them that I'm up to date. And I just submitted my new one with the paperwork for my income- I'm literally making about $ XXXX currently and that barely covers my {$800.00} in rent and I did have food stamps but currently Oregon has a massive backlog on recertifying so I don't even have that right now. Like do I have to go down in person and submit this income verification!? And why did they just stop at a random date on my IDR? On my end I show a completed IDR done end of XX/XX/2022 and I started getting payment requests in XXXX. They are super difficult to deal with and seemingly just ignore or my verification stuff just " vanishes ''. The worst part too is that their negligence resulted in a massive ding to my credit which ended up costing me a really good place to live! I'm currently staying friends who are getting a divorce and will likely sell the house in XXXX and while I'm working on job certifications and training to move into better paying jobs I need around another half year of studying and training but now I have to worry more about finding suitable living arrangements by XXXX and that puts me in a really bad position now. Had my credit score not dropped by XXXX points I would've been in a home with a better rent situation for myself, closer to work and on an actual 1 year lease with agreements not to raise rent ( the homeowner was actually very kind ).
Company Response:
State: OR
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit Reporting act XXXX Account # XXXX, has violated my rights. 15 USC 1681 Section 602 States I have the right to privacy. 15 USC 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. 15 USC 1666B : A creditor may not treat a payment on a credit card account under a147.2K open end consumer credit plan as late for any purpose.
Company Response:
State: CA
Zip: 94561
Submitted Via: Web
Date Sent: 2023-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-20
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: 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. '' 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. '' ( Furnisher of information to credit agencies ) is a financial institution 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. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies 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, ( Furnisher of information to credit agencies ) 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. '' ( Furnisher of information to credit agencies ) 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 168is 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 and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. 20 USC 1232g ( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; record keeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein other than directory information, as defined in paragraph ( 5 ) of subsection ( a ) ) of students without the written consent of their parents to any individual, agency, or organization, other than to the following
Company Response:
State: FL
Zip: 32792
Submitted Via: Web
Date Sent: 2023-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A