Date Received: 2023-08-28
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I contacted Firstmark by e-mail on XXXX XX/XX/2023 regarding outsanding balance and payment history they were reporting for my privae student loan. I explained they'd been reporting incohate payment history, ie payment history for a future month, and a balance history that was ten ( 10 ) times what it should be. The representative, XXXX XXXX respnded via e-mail on XXXX XX/XX/2023 and acknowledged the incorrect payment history. She and performed an off-cycle update for the account on XXXX XX/XX/2023. XXXX received the update for the FM/Firstmark Serviced Trust account/tradeline on XXXX XX/XX/2023. XXXX notified me of the off-cucle update on XXXX XX/XX/2023. According to the data transmitted, the account is now allegedly ninety ( 90 ) days past-due from the off-cycle update on XXXX XX/XX/2023. Although Firstmark has consistently mailed my statements to addresses that I do not live at, and that change form every two months ( see CFPB complaint XXXX ), Firstmark 's own system alleges payments on the account have been made through XXXX XX/XX/2023. The due-date established under CFPB interpretation of TILA/Regulation Z appears to be the XXXX ( XXXX ) day of each month. In examining the statement generated on or around XXXX XX/XX/2023, the alleged statement due date is XXXX XX/XX/2023. Thus, the payment history furnished is false/misleading/inaccurate because it implies a delinquency history that would not have occured by the due date of the statement. This seems to occur each time I file a dispute with the CRAs regarding the account.
Company Response:
State: MI
Zip: 48103
Submitted Via: Web
Date Sent: 2023-08-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-28
Issue: Dealing with your lender or servicer
Subissue: Problem with customer service
Consumer Complaint: Nelnet is my student loan servicer. I have recently called twice and asked to speak to a supervisor. The representative usually put me on a hold for about 10 minutes and comes back saying there is nobody available and will receive a call back. I have not received the two call back request Some of my student loans were discharged recently, however, the interest for those loans were not discharged. Nelnelt added approximately {$28000.00} to my loans whiles in COVID 19 forbearance with zero interest.
Company Response:
State: UT
Zip: 84047
Submitted Via: Web
Date Sent: 2023-08-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-28
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Under 15 USC 1681, 15 USC 6801, and 15 USC 6802, student loans should not be on my credit report. These need to be removed from my credit report as there was no authorization, substantiation, written verbal or oral communication for the information to be reported, and is illegal to be on there according to the consumer laws. This information is to be deleted immediately as it is effecting my personal life and credit worthiness, and causing adverse actions.
Company Response:
State: TX
Zip: 76502
Submitted Via: Web
Date Sent: 2023-10-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-28
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: On Thursday XX/XX/XXXX, I called Nelnet to end my XXXX forbearance early and to converge all my loan payments to XX/XX/XXXX as the first payment and subsequently every XXXX of the month. The agent I spoke to with the last name XXXX said I was approved for the SAVE plan and my payments should have been around {$820.00} a month and that she was submitting a form to begin my payments on XX/XX/XXXX. On Friday XX/XX/XXXX, my account reflected this information as my monthly payment and I set up auto-debit for ease of payment and a reduction in interest by 0.25 %. On Saturday XX/XX/XXXX, I received a message from Nelnet saying that I had a payment due on Monday XX/XX/XXXX for {$2700.00}. This was neither the right date or amount of money that was agreed upon. I had no way of contacting Nelnet because they do not provide weekend hours of assistance. On Sunday XX/XX/XXXX, I cancelled my auto-debit on my Nelnet account but knew they have a 3 day cancel policy so I was going to have to call and speak to somebody. On Monday XX/XX/XXXX, I called Nelnet at XXXX XXXX to cancel this auto-debit. They said that since it was not less than 3 days, there was nothing they could do and I needed to contact my bank. Agent XXXX XXXX said he would try to contact the processing center and also start to file a complaint for me but there was no guarantee that the money was not going to be auto-debited. Nelnet should not be trusted to do auto-debits since I agreed upon the SAVE amount and they charged me more than double that amount and they trapped me by only giving me 2 days notice on the weekend which is predatory and criminal.
Company Response:
State: MD
Zip: 212XX
Submitted Via: Web
Date Sent: 2023-08-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Family Educational Rights and Privacy Act ( FERPA ) 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 ) Postsecondary is any education option after high school. Options may include two-year College, four- year College or university, independent private career schools, the military, or apprenticeships ( on-the- job training ). 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates. They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act P.L 90-321 ( 82 Stat. 146 ) which is law law that backes the code is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports 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. No adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports this is another violation 12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general 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; * Didnt provide me proof of my wet ink signature that I signed an agreement with your company *still reporting on credit report for XXXX but showing removed from student loans which means its in accurate credit reporting.
Company Response:
State: OH
Zip: 43110
Submitted Via: Web
Date Sent: 2023-08-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-29
Issue: Problem with a company's investigation into an existing problem
Subissue: Difficulty submitting a dispute or getting information about a dispute over the phone
Consumer Complaint: XX/XX/2023 I was informed by my credit bureau that my student loans that had been written off due to outcome of the XXXXXXXX XXXX XXXXXXXX XXXX had been added back to my credit report. I have since uploaded the documents to show this to Nelnet, emailed Nelnet- they now dont even allow emails. I have called and they say they will research it and get back to me, they still have not. Many of us were reaching out to them on XXXX ( now XXXX ) and they keep telling us to call but arent helping. And its seemingly primary the people that are part of the settlement. I just want my account adjusted back to XXXX as per the settlement. This is a part of the email sent to Nelnet XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX # XXXX, XXXX, XXXX XXXX ( XXXX ) XXXX If you have any questions or concerns, please contact the BBB assigned to your complaint : XXXX In Nebraska, South Dakota XXXX Kansas XXXX XXXX XXXX Iowa XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as per the settlement. This is a part of the email sent to me from the department of education : Pursuant to the Sweet settlement, the Department of Education will do the following : discharge your federal student loan ( s ) taken out for your enrollment in the XXXX XXXX XXXXXXXX ( " Relevant Federal Student Loan ( s ) '' ) ; provide a refund for any payments made to the Department of Education on your Relevant Federal Student Loan ( s ), including Relevant Federal Student Loan debt that you previously paid off ; and delete the credit report tradeline associated with the discharged loan ( s ).
Company Response:
State: NJ
Zip: 08854
Submitted Via: Web
Date Sent: 2023-08-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-29
Issue: Dealing with your lender or servicer
Subissue: Need information about your loan balance or loan terms
Consumer Complaint: Title : Debt Validation Letter Date : XXXX Your full name : XXXX XXXX Be advised this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g stating your claim is disputed and validation is requested. This is not a request for verification or proof of my mailing address, but a request for Validation made pursuant to above-named Title and Section. On XX/XX/2023 XXXX XXXX. ( Nelnet servicer ) responded back with no evidence of the alleged debt showing 10 accounts on my credit report. Also letting me know that it did not come from the Department of Education but it come from the Department of Education, that does not make no sense at all. I have never received letters of any kind of the alleged debt. I respectfully request your offices provide me with proof of the alleged debt, all originals not copies. At this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major credit bureaus ( XXXX, XXXX, or XXXX ) this action may constitute fraud under both Federal and State laws. Due to this fact if any negative mark is found on any of my credit reports by company or the company that you represent, I will not hesitate in bringing legal action against you and your following : Violation of the Fair Credit Reporting Act, Violation of the Fair Debt Collection Practices Act, and Defamation of Character. I request that you provide original evidence of the alleged debt as I have already stated on the previous report filed. During which time all collection activity must cease and desist of reporting on my report, Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of any information to credit reporting repository that could be inaccurate or invalidated. If your office fails to respond to this validation request within 30 days from the date of your receipt, all referenced to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Company Response:
State: SC
Zip: 29209
Submitted Via: Web
Date Sent: 2023-08-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-28
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: In accordance with the Fair Credit Reporting act. The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. DEPTOFEDUCATION/NELNET : {$2000.00} {$1200.00} has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions 15 U.S.C 1681c. ( a ) ( 5 ) Section States : 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. 15 U.S.C. 1681s-2 ( A ) ( 1 ) 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.
Company Response:
State: GA
Zip: 30260
Submitted Via: Web
Date Sent: 2023-08-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-25
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I found a student loan on my credit report. I am XXXX XXXX XXXX and I have not ever had a student loan in my life. I disputed it and they still say it is mine.
Company Response:
State: TX
Zip: 75077
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-25
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: Background : - Checks for loan payoff were mailed on XX/XX/2023 - As of XX/XX/2023, Nelnet is not showing any and/or all payments- Confirmed with Title Company that funds were taken out on XX/XX/2023- This is for myself and my wife Check Numbers and the Amounts : Check XXXX U.S. Department of Education {$4400.00} Check XXXX U.S. Department of Education {$5600.00} Check XXXX U.S. Department of Education {$8900.00} Check XXXX U.S. Department of Education {$870.00} Check XXXX U.S. Department of Education {$1300.00} Check XXXX U.S. Department of Education {$1300.00} Check XXXX U.S. Department of Education {$1700.00} Check XXXX U.S. Department of Education {$2800.00} Check XXXX U.S. Department of Education {$3600.00} Check XXXX U.S. Department of Education {$3700.00} Check XXXX U.S. Department of Education {$3900.00} Check XXXX U.S. Department of Education {$4400.00} Order of Events : XX/XX/2023 : - XXXX - XXXX ID : XXXX on XX/XX/2023. On XX/XX/XXXX, XXXX mentioned despite the checks being cashed by Nelnet that they could not locate them and requested that we send evidence of check numbers and the amounts. XX/XX/2023 : - XXXX XXXX referenced above ). Was able to locate the checks and put in a request to have operational accounting allocate the checks to the accounts. Mentioned it would take XXXX XXXX days to show on the account despite Nelnet cashing the checks on XX/XX/2023. XX/XX/2023- XXXX mentioned there has been no updated on the account but showed the request in the system. XX/XX/2023 : - XXXX ( Employee ID : XXXX ), mentioned she sees the request in the system but informs me to wait until the end of the day given it is the XXXX Business Day. XXXX Business day meaning it should be rectified on XX/XX/2023. I have called/emailed Nelnet several XXXX and they are not addressing the issue efficiently and constantly come up with excuses. If Nelnet cashed the checks which already had account information, name etc, it should have shown in the account.
Company Response:
State: MD
Zip: 20904
Submitted Via: Web
Date Sent: 2023-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A