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 husband. 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 - Reference 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 ( 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 7-10 Business 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 10th Business Day. 10th Business day meaning it should be rectified on XX/XX/2023. I have called/emailed Nelnet several times 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
Date Received: 2023-08-25
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: On XX/XX/2023, Nelnet reviewed my application to change my IDR plan from PAYE to SAVE. They decided to keep me on the PAYE plan because the monthly amount due would be the same for both plans. I would owe {$0.00} under these plans because I dont have income. However, the SAVE plan would stop the interest to continue to incur every month. I called Nelnet multiple times in order to resolve this problem with no success. Finally, I was instructed to just apply again by a representative. On XX/XX/2023, I went ahead and applied again for a change of plan from PAYE to SAVE. For a second time, I was kept on the same plan even though I qualify for the SAVE and it would be the best option for me because I wouldnt have a ballooning interest.
Company Response:
State: FL
Zip: 33018
Submitted Via: Web
Date Sent: 2023-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-25
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: this is a formal complaint tht this company is violating several of my rights under the FCRA.In 15 usc 1681a2 under Exclusion states Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; However your company is reporting a late payment which Constitutes an experience and transaction to which both are part of the exclusion law stated above.Furthermore under 15 USC 1681 congressional findings ( 4 ) states there is a need to insure the consumer reporting agencies exercise their grave responsibility with fairness, impartiality, and a respect for the consumers right to privacy to which this company has failed to do. Due to The above mentioned reasons please removed the late payments on the following accounts on my credit report which are reporting illegal. Dept of education account # XXXXlate payment. Dept of education account # XXXXlate payment. Dept of education account # XXXXlate Payment. Dept of education account # XXXXlate payment. Dept of education account # XXXXlate payment. Dept of education account # XXXXlate payment.
Company Response:
State: PA
Zip: 19464
Submitted Via: Web
Date Sent: 2023-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-24
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: My student loan that has been PAID IN FULL continues to be passed around. One company said they stopped servicing it and gave it to another. Another company said they had it for a short while and now don't know where it has gone. One company said they got it because it was in DEFAULT status, which is NOT ACCURATE. It was PAID IN FULL and I have documents showing it was paid in full. I am not sure how or why this inaccurate information continues to get passed around and continues to show up on my report, but it needs to stop PERMANENTLY! I have PAID MY DEBT IN FULL!
Company Response:
State: AK
Zip: 99645
Submitted Via: Web
Date Sent: 2023-08-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-24
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Over the last XXXX ( XXXX ) years I, XXXX XXXX XXXX ( Consumer and/or Plaintiff ), have been DENIED access to extended credit opportunities via Credit Cards , Lines of Credit for my Businesses , and even been denied employment and professional advancement opportunities because of the numerous, egregious, fraudulent, unauthenticated, and negligently reported INACCURATED, AGED, DUPLICATE ACCOUNTS, and/or NOT MINE but are still being negatively reported on my credit file. These negative reports has caused me irreparable harm, emotional harm and distress, damages, loss of income and loss of employment opportunities via my inability to have my Secret level security clearance restored because of the fraudulently perceived Bad Credit image that has been falsely stained my character by NELNET, XXXX XXXX XXXX ( XXXX ), XXXX XXXX XXXX XXXX XXXX ( XXXX ), XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, and other Credit Reporting Agencies ( individually and/or collectively the CRA and/or Defendant and Disputed Account Holders ), all in clear violation of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. and the Maryland Consumer Credit Reporting Agencies Act, Annotated Code of Maryland, Commercial Law Article, 14-1201, et seq. I recently applied for a Commercial Realestate Loan for a property that I was looking to purchase for my business and potentially build a primary homesite for me and my family in my hometown of XXXX XXXX, GA. HOWEVER, I have been DENIED the extension of credit by the lending institution because XXXX 1 ) reported by Credit Score to them at a XXXX rating ; and 2 ) have negatively and falsely reported me having over XXXX instances of DELINQUENCIES and/or LATE PAYMENTS over 90 days, which is wholly INACCURATE and mathematically IMPOSSIBLE!!!! See Exhibits A & B. Ive constantly disputed the accuracy of the information in my credit file over the last 5 years. Most recently, on or about XX/XX/XXXX, XXXX XXXX posted a Collections on my credit file for all CRAs in the amount of {$17000.00} and I want to know WHY????? The last semester I attended XXXX was the Fall of XXXX ... and this was NEVER on my CRA accounts until XX/XX/XXXX?? THIS IS NOT MY ACCOUT NOR DEBT!!! This needs to be resolved ASAP because this issue is both putting my Federal Clearance in jeopardy and it is interfering with my purchase of a home that I'm due to go to closing within the next 30 days. As such, the actual damages sustained by the Plaintiffs as a result of the Breach of Contact, Theft, Breach of Fiduciary Duty, Negligence, Criminal Negligence, and other collective acts of the Defendants include, but are not limited to : Financial monetary loss of {$20000.00} in Earnest Money Deposits due to decreased credit ratings and inaccurate reporting. Financial monetary loss in the {$590000.00} appraised market valuation of the Subject Property due to decreased credit ratings and inaccurate reporting. Financial monetary loss and Tortious Interference in the {$7800.00} in monthly income from the Billboard and Cell Tower revenue from the Subject Property due to decreased credit ratings and inaccurate reporting. Financial monetary loss and Tortious Interference in the lending of {$750000.00} in capital from XXXX XXXX for the Acquisition and Development of the Subject Property due to decreased credit ratings and inaccurate reporting. Financial monetary loss and Tortious Interference with the planned future Planned Unit Development ( PUD ) Mixed-use rezoning of the property valued in excess of {>= $1,000,000} USD due to decreased credit ratings and inaccurate reporting. Financial monetary loss and Tortious Interference in the lending of {$750000.00} in capital from Plaintiffs new lender, Cleared for Closing for the Acquisition and Development of the Subject Property due to decreased credit ratings and inaccurate reporting. Financial monetary loss and Tortious Interference regarding the two separate Realestate appraisals and fees that the Plaintiff paid for to support his cash-out refinance of his XXXX asset properties totaling over {>= $1,000,000} in valuation due to decreased credit ratings and inaccurate reporting. Financial monetary loss and Tortious Interference with the planned future redevelopment of the site into 250+ Multifamily Apartment units with a planned estimated investment and valuation in excess of {>= $1,000,000} due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with XXXX XXXX due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with XXXX XXXX XXXX XXXX due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with the XXXX XXXX due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with the XXXX XXXX XXXX XXXX GA due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with the State of Georgia due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with XXXX XXXX government due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with the XXXX XXXX XXXX XXXX due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with the U.S. Department of Veteran Affairs due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with the U.S. Department of Treasury. Tortious Interference with Plaintiffs business relationship with the U.S. Department of Housing and Urban Development due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with the XXXX XXXX News and other local and national media outlets due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with XXXX XXXX due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with XXXX XXXX due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with XXXX XXXX due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with XXXX XXXX due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with XXXX XXXX XXXX due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs business relationship with XXXX XXXXXXXX due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs image, brand, and likeness for XXXX XXXX XXXX and XXXX XXXX, XXXX due to decreased credit ratings and inaccurate reporting. Tortious Interference with Plaintiffs reputation and good name due to decreased credit ratings and inaccurate reporting. Mental, emotional, physical pain and suffering Negligence Criminal Negligence Negligent Infliction of Mental, emotional, physical pain and suffering. Breach of Duty of Good Faith and Fair Dealing. Breach of Fiduciary Duty Breach of Contract Others to be determined. Furthermore, under Georgia law, damages for mental suffering and emotional anguish can be recovered, when there is an intentional infliction of mental distress, without a showing of contemporaneous physical harm. Carrigan v. Central Adjustment Bureau , Inc., 502 F. Supp. 468 ( N.D. Ga. 1980 ).
Company Response:
State: MD
Zip: 20721
Submitted Via: Web
Date Sent: 2023-08-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-24
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: On XX/XX/2023 my student loans were transferred from Nelnet to a different servicer, XXXX. These loans are still showing as being active with a balance due to Nelnet on my credit report but they are not, as they have been transferred to XXXX and as a result were fully paid on Nelnet 's end. Nelnet had not reported any updated information to XXXX credit reporting since then. I filed a dispute with XXXX and contacted Nelnet, Nelnet stated to me that this information was correct and they would send updated information to XXXX that would remove these loans from my credit report. They did not, instead they reported the balances as being higher than the last report and that they are still actively due.
Company Response:
State: CA
Zip: 96007
Submitted Via: Web
Date Sent: 2023-08-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-23
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I hope this letter finds you well. I am writing to bring to your attention the provisions outlined in 15 U.S. Code 6802 and 15 U.S. Code 1681a, both of which pertain to the obligations of financial institutions regarding the disclosure of personal information and the definition of a " consumer report, '' respectively. As a concerned consumer, I am aware of the importance of maintaining the privacy and security of my nonpublic personal information. According to 15 U.S. Code 6802, it is stated that a financial institution is prohibited from disclosing nonpublic personal information to nonaffiliated third parties unless certain conditions are met. Specifically : ( A ) The financial institution must clearly and conspicuously disclose to the consumer, in writing or in electronic form, that such information may be disclosed to a third party. ( B ) The consumer must be given the opportunity to direct that such information not be disclosed to the third party before the initial disclosure takes place. ( C ) The consumer must be provided with an explanation of how they can exercise the option to withhold such disclosure. These requirements are in place to ensure that consumers have control over the sharing of their personal information and can make informed decisions about its disclosure. Furthermore, as per 15 U.S. Code 1681a, the term " consumer report '' excludes communication of information among individuals who are related by common ownership or affiliated through corporate control. This definition highlights the importance of delineating the types of information that fall within the scope of consumer reports and those that do not. I kindly request that the department of Education ensures strict compliance with these provisions to protect the privacy and rights of consumers according to 15 USC 1602 ( l ). As a valued customer, I trust that the department of Education is committed to upholding these legal obligations and providing transparent communication with regard to the use and disclosure of my personal information. Thank you for your attention to this matter. I appreciate your dedication to maintaining the highest standards of privacy and security for your customers. Should you have any further information or updates regarding this issue, I would appreciate being kept informed.
Company Response:
State: PA
Zip: 17046
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: Received bad information about your loan
Consumer Complaint: Several of my accounts are showing late payments, this should not be as all my accounts are in forbearance. 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 U.S.C 1681. Accounts with Nelnet 15 USC 1681 Section 604 A, Section 2 ; It also states that a consumer reporting agency can not furnish a account without written permissions. 15 USC 1681 c. ( 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 USC 16818-s-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 accurate.
Company Response:
State: NH
Zip: 030XX
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: 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: Nelnet student Loan account XXXX has reported inaccurate information on credit reports. Report states I have 7 missed payments during the period of XXXX. During this period, I am protected by The department of Education 's covid 19 student loan forbearance program. There were no payments due at that time.
Company Response:
State: NC
Zip: 27518
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: Received bad information about your loan
Consumer Complaint: STUDENT LOAN SECURITIES INVESTIGATION : XX/XX/XXXX Servicer ( XXXX ) : XXXXXXXX XXXX XXXX XXXX : XXXX XXXX XXXX, XXXX, OR XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TN XXXX XXXX So. XXXX XXXX, XXXX XXXX, XXXX, XXXX XXXX : Nelnet : XXXX XXXX XXXX, XXXX, XXXX XXXX Attn : XXXX : XXXX XXXX XXXX XXXX Representative Account XXXX ; Account XXXX start date on or about XX/XX/XXXX -- -- -- -- -- -- -- - Re : Debt Validation. -- - -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - ( A ) I am disputing the alleged debt claim since the XXXX fail to provide the statutory provisions that a note security instrument is deem a debt and not an ( asset, credit, monetary instrument, negotiable instrument, payment order, order paper, check ) deposit cashed legal tender, in addition to unreported Internal Revenue Service taxable event money over {$600.00} transfers and unsubstantiated claim of debt. Nelnet XXXX refused request for debt validation, to provide among other items including receipt records of {$120000.00} dollars extension of credit payment transfers, tax filings or any records showing evidence for where the funds derived, and transfers processed on my behalf. Exhibit A : Notice of Debt ( B ) There is no debt. I have asked via a XX/XX/XXXX, letter to prove- debt owed, as they refuse disclosure receipt records of the funds transferred on my behalf for evidence repayment of a loan they alleged paid on my behalf. Exhibit B : My Notice for Information ( C ) No debt, pursuant to XXXX Article XXXX statutory provisions, The Department of Education has waived their status as a creditor when they accepted my note asset as tender of payment under XXXX XXXX ( a ) & ( b ), they [ cashed the draft/check ] and UCC XXXX ( a XXXX, [ they didnt return it back to me ]. Payment error, where the servicer did not properly credit the note deposit and provide a receipt that I made drafts between XXXX XXXX totaling in the amount of {$120000.00}. This payment should have been credited to : Account XXXX and Account XXXX. The note draft/check should have closed out both sides Payable and Receivable ledger, thus a mistake to demand payments, when should be a settlement closure of both accounts. D ) Other, for lacking good faith /by mistake : They are refusing to validate debt including refusing to provide tax information, tax identification for taxable events over {$600.00}, yet demanding {$120000.00}. Meaning mistake or misleading, under threat, duress, coercion, inducement to fraud, deceptive using fictitious use of language fails clear concise terminology saying the words loan, lender, borrower, instead of check/draft act of omission to provide terms disclosure that the note was not a credit extension loan nor that it was converted into a /check/draft. The originator/servicer has erred in not applying the correct accounting entries under XXXX. They by mistake treating the account as a trade receivable through securitization as an off balance sheet financing technique. Since they accepted the note instrument that I have tendered, I have a claim or *possessory* right in the instrument and its proceeds under XXXX of the UCC. Any defense and any claim in recoupment under section XXXX of the UCC, which I shall exercise at my option, if they dont credit my account. The XXXX will identify who the principal the note is from, which capital and interest were taken, and who the recipient or who the payer of the funds are, and who is holding the account in escrow and unadjusted. Under the XXXX XXXX XXXX XXXX, any request for funds must have a valid XXXX number on it, none of their debt funds request has such number on it. Therefore, the servicer is to provide debt validation by answering the following questions under the penalty of perjury and provide the below requested information. Disclosure : ( XXXX ) _Provide banking deposit receipt records of {$120000.00} for funds transferred on my behalf, ( XXXX ) _A copy of the accounts receivable and accounts payable to loan for disclosure per Statement XXXX ( XXXX ) _ A copy of the XXXX to every note, processed totaling {$120000.00}, ( XXXX ) _ A copy of XXXX filings, ( XXXX ) _ Provide terms that the note security instrument would fund the education cost, ( XXXX ) _ A copy of POA consent to use XXXX and Social Security account for XXXX XXXX or to use to process taxes on my behalf, ( XXXX ) _ A copy of the consent assignments of the note, ( XXXX ) _A copy of, or provide the name of XXXX loan Originators and NMLS ID, ( XXXX ) _ Provide the name of the creditor that extend credit of {$120000.00} to me, ( XXXX ) _ Provide Creditor XXXX XXXX ID, ( XXXX ) _ Provide the XXXX numbers for XXXX note transactions, XXXX XXXX ) _Provide IRS XXXX required filing for money transactions over {$10000.00}, ( XXXX ) _ A copy of every XXXX XXXX with every note totaling {$120000.00} XXXX ( XXXX ) _ A copy of IRS tax filings for every note, ( XXXX ) _Provide statutory provisions deeming whether a note is an Asset instrument or a Debt instrument, ( XXXX ) _Question : Did the note Asset entry on accounts Payable Ledger settle the debt, XXXX XXXX -- -- - In conclusion, for in the ordinary course of business, when good faith requires an answer, it is the duty of the party receiving a letter from another to answer within a reasonable time. Otherwise, he/she is presumed to admit the propriety of the acts mentioned in the letter of his/her correspondent and to adopt them. Clean hands doctrine, I am requesting disclosure records for the note security instrument transactions for {$120000.00} funds transferred including the above tax information, tax identification for said loan for evidence that the note made me a debtor with repay obligation said student loan. -- -- -- -- Since XXXX am solution oriented, and want to show good faith, there are XXXX ways of resolving this matter. Since they already accepted my note tender of payment and not returned it, the servicer to credit my account for the sum said in full for settlement and closure. Or, instruct them to provide a *** cash receipt for the note***, accounts payable and receivable ledger including the above disclosure for evidence of funds/money transferred on my behalf for said loan disbursements which obligate repayment. Otherwise, I will consider this matter settled and closed.
Company Response:
State: NJ
Zip: 085XX
Submitted Via: Web
Date Sent: 2023-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A