Date Received: 2022-12-16
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I wrote Firstmark Services to request the removal of a negative credit remark on my co-signers credit file, due to a late-payment made on my Firstmark via XXXX student loan. In XXXX, I reached out to Firstmark asking for consideration due to a XXXX refinance pay-out not covering my loans in full, resulting in my owing to 3 different Firstmark accounts XXXX All of this happened at a time in which XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, my spouse losing her job and my cosigner being out of the country on business ( all of which I reported to Firstmark and was assured was being taken into account ). On XX/XX/XXXX, I wrote to Firstmark again to ask for consideration due to owing so much for those first few months but was told there was nothing that could be done, in fact an agent mistook me asking for " full loan forgiveness '' due to my XXXX, which I never requested. Firstmark company policy outlines that a negative remark will not be filed on any late payment made less than 30 days past due. I had confirmed this with a customer service representative on the phone in early XXXX, who told me that I had until the end of XXXX to make a payment before a credit report would be filed. I was assured that a payment made before XX/XX/XXXX, for a XX/XX/XXXX payment, would keep me from being reported as delinquent. I therefore made a one-time payment on XX/XX/XXXX, in order to avoid being reported on the XXXX payment. On Friday, XX/XX/XXXX, while recovering from XXXX, I received a panicked call from my co-signer that her credit had tanked due to a late payment re : this account. I immediately made the payment, in full, and brought the account date so it would not hit another late period. I then touched base by phone with Firstmark to ensure receipt of the payment and to ask for grace regarding the negative mark on my co-signers credit. The Firstmark agent told me that the negative remark was irreversible. As of XX/XX/XXXX, my account was completely up to date and I also made the XXXX payment early, as a sign of goodwill. In guidance with company policy, my XXXX payment was made weeks before the 30 day late remark period, which would be XX/XX/XXXX according to the above referenced conversation with a customer service rep in early XXXX, and should not have been reported as past-due On XX/XX/XXXX, Firstmark emailed me that they were glad they were able to fully resolve your issue. This email was in response to a formal letter requesting the deletion of a negative remark Firstmark made on both my own and my co-signers credit report. Earlier on XX/XX/XXXX I had a very unpleasant conversation with a customer service representative who yelled at me. Considering this, I was confused by the email in question sought clarification on the issue. The goodwill letter that I sent was sincere Firstmark, in its request, but I felt the email received on XX/XX/XXXX, in reply was confusing, as it does not actually take my query into account specifically as my issue has not been at all resolved. I am also mailing a letter to the CEO of Firstmark to discuss the treatment I received from the various customer service agents.
Company Response:
State: CA
Zip: 900XX
Submitted Via: Web
Date Sent: 2022-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-16
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I JUST CHECKED MY CREDIT REPORT FOR THE FIRST TIME IN A WHILE I HAVE LATE PAYMENTS ON MY ACCOUNT THAT ARE INACCURATE MY PAYMENTS ARE DEFERRED SO I SHOULD SEE NO LATE PAYMENTS REPORTING FROM XX/XX/2016 AND XX/XX/2016 I HAVE FILED A DISPUTE NOTHING HAPPENED.
Company Response:
State: IL
Zip: 604XX
Submitted Via: Web
Date Sent: 2022-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-15
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: I went to XXXX XXXX. I was never able to use my so-called degree to help me get anything in terms of work after I graduated. I was supposed to get a full refund, but I have been getting the runaround from the department of education.
Company Response:
State: GA
Zip: 30093
Submitted Via: Web
Date Sent: 2022-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-15
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: My federal student loan servicer is Nelnet - I had previously paid off my entire loan balance on XX/XX/22 ( payment made that day of {$220000.00} ) and had a {$0.00} balance on my account as of XX/XX/22. I contacted Nelnet by phone on XX/XX/22 and asked for just {$10000.00} of my payments to be refunded to me under the XXXX act, the representative confirmed that it had been submitted. I called again on XX/XX/22 to check-in that they had everything that they needed from me and to confirm again that I only wanted {$10000.00} refunded to me- and that I did not want anything additional to be refunded. I received a credit reporting alert on XX/XX/22 that there was a change in my credit report and that my student loan balances had increased. Upon logging into my Nelnet account on XX/XX/22 it showed that my previous {$0.00} balance was not {$220000.00}. I spoke to a representative on XX/XX/22 and questioned why so much was refunded to me- they could see in their records that I had in fact asked for only {$10000.00} to be refunded and that there must have been a " glitch '' causing so much more to be refunded. They said there was nothing further they could do at that point and I would just have to wait until I received the refund ( could not give me any information on when to expect the refund ). Upon logging into my Nelnet account again on XX/XX/22 my balance increased yet again - to {$280000.00}. I called again on XX/XX/22 to understand what was happening- the representative said a balance that had been paid previously to another lender was also refunded ( {$61000.00} ) that was added to the {$220000.00} balance on my account. They said it had not yet been sent to the XXXX XXXX XXXX XXXX so there was a chance they XXXX be able to stop this refund but they couldn't guarantee this. At this point in time this is impacting my credit report showing a large amount of debt and I have not received any sort of refund to pay this money back and reduce the balance. Their mistake is impacting my ability to complete the necessary applications/have satisfactory debt/income ratio to close on a home.
Company Response:
State: MN
Zip: 55311
Submitted Via: Web
Date Sent: 2022-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-15
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Per 15 USC 6805 and FCRA and as a federally protected consumer, I am opting out of any and all authorizations reporting of my personal data to anyone without my prior written consent. Any further sharing of my personal data will be in violation of my rights under the Privacy Act of 1974 and copyright protection. My right to have a fair and equitable consumer report has been and continues to be violated by XXXX, XXXX XXXX XXXX and NELNETXXXX XXXXXXXX. In addition to the above complaint, per 15 U.S CODE 1681 ( b ) PERMISSIBLE PURPOSE OF CONSUMER CREDIT, I did not give permission to report on my consumer credit. XXXX & the listed creditors and alleged debt collectors is in violation of the law. Under 15 U.S code 1681- Permissible purposes of consumer reports. a ) general subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other 2 ) in accordance with written instructions of the consumer to whom it may relates. I did not give any written instructions to furnish my transaction history on my consumer report and furthermore the FCRA 15 U.S. Code 1681a - definitions ; rules of construction SO EXCLUSION from a CONSUMER REPORT containing information solely as to transactions or experiences between the consumer and the person making the report. Credit reporting agencies such as XXXX are defined by the XXXX XXXX XXXX XXXX as financial institutions subject to its rule making authority pursuant 15 USC 6804. EQUIFAX is not upholding its role pursuant 15 USC 1681. You ( XXXX ) are not upholding your grave responsibilities with fairness, impartiality, and respect for my right to privacy in the vital role you assumed in collecting, storing, assembling, and sharing an accurate and equitable consumer credit profile on my behalf. This is MY consumer credit profile and reporting inaccurate information is a discriminatory practice and is prohibited pursuant per the Equal Credit Opportunity Act. Your failure in responsibilities includes but not limited to, a violation pursuant 15 USC 1681a ( 2 ) ( a ) ( I ) - XXXX continues to furnish reports containing my transactions histories, debt utilization, payment history, inquires, and credit card balances are a few examples of transactions and experiences. A violation pursuant 15 USC 1681c ( a ) ( 5 ) - any adverse information shall be excluded from the consumer report. You are subject to civil liability pursuant 15 USC 1681n, 15 USC 1681o and a violation of 15 USC 1692c- you are acting in capacity of a debt collector when you communicate/ advertise my transaction history. You ( XXXX and NELNETXXXX XXXXXXXX ) are in violation of Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ). This Federal law protects the privacy of my student education records. I signed a privacy form, which indicated that my student loan servicer would provide my transaction history to any 3rd party company, therefore these must be deleted. My consumer report is a form of communication and advertising my transaction history is an attempt to coerce payment of the alleged debt. The provisions of 15 USC 6801 ( a ) this requires financial institutions to notify consumers of their information sharing practices and provide a right to opt out of certain sharing. I never received an opportunity to opt out of notice from XXXX, XXXX XXXX XXXX and NELNETXXXX XXXX. As a violation of 15 USC 6802- you ( XXXX XXXX XXXX XXXX XXXX and XXXX XXXXXXXX ) communicated my nonpublic personal information to unaffiliated 3rd parties without my consent and without giving me the opportunity to direct such information not be disclosed. All of the information contained in my consumer report is nonpublic personal information unless I give you permission. You ( XXXX, XXXX XXXX XXXX and NELNETXXXX XXXXXXXX ) are also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT to you ( XXXX, XXXX XXXXXXXX XXXX and NELNET/XXXX XXXX ) furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. Per 15 U.S CODE 1681 ( b ) PERMISSIBLE PURPOSE OF CONSUMER CREDIT regarding inquiries, if the accounts are not open on my credit report all inquiries will have to be removed ; please provide documentation that you used to verify that the inquires ( i.e. promotional or otherwise ) are open accounts with the creditor. Please be advised that I dispute the validity of the listed alleged debt in its entirety. I request a copy of a contract or agreement signed by the alleged original creditor and all parties to any such contract provided. Be advised that a billing statement, notice or any unsigned document is not verification of the alleged debt. You are on notice that you are unlawfully attempting to collect the listed alleged debt. If you opt to provide verification, also provide me with proof of the chain of title ownership of the debt. Also, if the alleged debt was acquired by a debt buyer, you would also need to provide proof of the chain title of the alleged debt, and this must be from the original creditor to the current alleged without a break in chain. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data. Failure to remove these debt collection accounts and update transactional history as PAID AS AGREED/ON-TIME on these accounts within 4 days from my consumer report as requested will result in legal matters being taken upon you. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by XXXX. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. During this time collection activity must cease and desist. If any adverse action that is taken during this validation period that negatively impacts my Credit Report, including any potentially inaccurate information, I will instruct my legal consul to take relevant action against the guilty parties. You must immediately remove the collections you fraudulently placed on my credit reports until such a time as the debt is proven valid. If I personally do not receive any response from you for VALIDATION of this account within 4 days, all references and claims to this account must be deleted from your files. Adverse actions taken against me denying my rights, of which the civil damages pursuant to 15 USC 1611 ( 1 ) are up to { { { {$5000.00} } } } per violation, civil damages for 15 USC 1692 ( j ) are up to { { { {$1000.00} } } } .per violation NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT SILENCE IS ACQUIESCENCE.
Company Response:
State: LA
Zip: 700XX
Submitted Via: Web
Date Sent: 2022-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-15
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I am a Service connected XXXX combat veteran who student loans are cancelled because of the total and permanent XXXX program. Nelnet will not update my report to show paid in full.
Company Response:
State: OK
Zip: 73013
Submitted Via: Web
Date Sent: 2022-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-15
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: It's sad I have to ask for your help as nelnet allegedly accused me of filing identity theft for student loan balance when I took the time to provide evidence on XX/XX/XXXX via certified mail Tracking XXXX and uploaded documents in the Neltnet portal on XX/XX/XXXX. On XX/XX/XXXX, I spoke to another lady who called and spoke with me for XXXX mins with ZERO assistance and stated if the school defrauded me and charge for room and board to inflate the numbers on the loan amount for their benefit is not Nelnets problem as they are only the servicer. The female on XX/XX/XXXX did not offer to investigate and validate the debt for excessive amount of over {$27000.00} + Interest accumulated since XXXX XXXX for room and board in which I attended school 100 % online. the loan balance is inacurrate and Nelnet does not care. I sent all info and still no recourse to fix the issue. It is unfair and unconscionable that I should pay for something I did not receive. I asked nelnet female agent on XX/XX/XXXX the detailed audit breakdown of the XXXX XXXX XXXX of my account, XXXX number and XXXX of Nelnet so I can offset my accounting records for the fraudulent amount tagged to the loan balance for room and boarding and I was denied the info I demanded on the phone to be mailed and also in my letter to Nelnet via certified mail and todate Nelnet is acting unconscionable and unfairly. Nelnet also has failed to update my legal name since XX/XX/XXXX as this has affected issues with name variations on my consumer reports of not able to get instant approvals. I sent documents on in XXXX, XXXX and XXXX and to date I have been ignored Nelnet has all documents on file with respect to my dispute escalated to you now
Company Response:
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-15
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I was the victim of identity theft in my XXXX 's and XXXX 's, which is still affecting me today. There are XXXX loans that I did not take out on my credit, there are credit cards, credit inquires I didn't apply for, and small loans that are not my accounts. I've disputed these debts several times, and they will not remove these from my credit. Some things were removed originally, but these student loans, and other accounts referenced above have not been removed. This debt is affecting jobs, housing and my credit.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-15
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Someone opened a XXXX XXXX XXXX, Nelnet loan, and XXXX under my name. Identity theft. I've disputed several times fraudulent and they will not remove it from my credit file.I have not applied for anything.
Company Response:
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-15
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: To my understanding, the COVID-19 0 % interest applied to all loans held by Dept of Ed . XXXX has charged me interest on the payments I received refunds for. The full original balance is XXXX. I was refunded {$3500.00}. The account is showing interest owed for the refunded amounts for a total of XXXX. This is abusive action taken by my loan servicer. All of these loan servicers need to be corrected and held accountable. They are quite literally breaking the law, which mandated 0 % interest between XX/XX/XXXX to XX/XX/XXXX.
Company Response:
State: GA
Zip: 30189
Submitted Via: Web
Date Sent: 2022-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A