Date Received: 2021-12-31
Issue: Dealing with your lender or servicer
Subissue: Don't agree with the fees charged
Consumer Complaint: I have filed a dispute in regards to the incorrect items I have on my credit report. It has been well over 30 days and I haven't received any investigation results.
Company Response:
State: GA
Zip: 30083
Submitted Via: Web
Date Sent: 2021-12-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-30
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: my rights have been violated according to the FDCPA, 15 usc 1692. As the original creditor and natural person i did not give this company permission to report any of my personal information to any consumer reporting agencies. According to 15 usc 1692d ( a ) ( 2 ), a company can not report anything negative to my consumer report that will ruin my reputation. The FCRA, 15 usc 1681, states our consumer reports represent us. Therefore, they are ruining my reputation. This is false and misleading. This alleged debt has not been validated, according to 15 usc 1692g it has to be validated for it to be put on a consumer report.
Company Response:
State: MI
Zip: 48237
Submitted Via: Web
Date Sent: 2021-12-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-30
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: XX/XX/2021 XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX, TX XXXX Nelnet XXXX XXXX XXXX XXXX, NE XXXX To Whom It May Concern : I recently received a copy of my ( XXXX ) credit report, and I noticed some late payments posted on my credit report : DEPT OF ED/NELNET account # XXXX XXXXXXXX, # XXXX XXXX, # XXXX XXXXXXXX, XXXX XXXX XXXX XXXX Nelnet is in clear violation of the law. Under 15 USC 1681b - permissible purpose of consumer reports, THE LAW CLEARLY STATES : ( b ) IN 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 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 from a consumer credit report clearly states : ( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) Subject to section 1681s-3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Delete the above late payments from my consumer report, this agency is in violation of 15 USC 1681. Failure to respond satisfactorily with deletion of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : 5. Defamation of Character ( per se ) 6. Negligent Enablement of Identity Fraud 7. Fair Debt Collections Practices Act 15 USC 1692g violations 8. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] Best regards, XXXX XXXX
Company Response:
State: TX
Zip: 76110
Submitted Via: Web
Date Sent: 2022-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-29
Issue: Getting a loan
Subissue: Denied loan
Consumer Complaint: Payment have been made since XXXX it was {$33000.00} and has a current balance of about {$11000.00} Some charges are XXXX XXXX old and qualify to be challenged
Company Response:
State: NY
Zip: 10461
Submitted Via: Web
Date Sent: 2022-01-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-29
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: RE : Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficieant of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( s ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT XXXX XXXX data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX XXXX XXXX XXXX and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within 4 days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with XXXX XXXX XXXX XXXX, Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by Congress to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C . 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( 2 ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. 1. US DEPT ED & {$0.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than four ( 4 ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau po box 4503 Iowa City, Iowa 52244
Company Response:
State: FL
Zip: 33073
Submitted Via: Web
Date Sent: 2022-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-29
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: On XX/XX/XXXX, I called into NelNet to bring my account current and file an Income-Driven Repayment Plan. While waiting to speak with someone, the automated voice explained that the Care Act for covid relief was extended. I wondered why I didn't qualify. I had XXXX XXXX loans but I was getting calls about how my account was passed due. It was explained to me that my loans were not " direct '' loans and did not qualify. It was further explained to me that my loans were FFELP loan and owned by NelNet and not owned by the government. I shared with the representative, XXXX, that it was always my understanding that loans were direct federal loans. XXXX was the manager I spoke with after the frontline officer didn't really have a good explanation, just that my loans didn't qualify. I'm including his name because he aggressively insisted and argued with me throughout the call, even arguing about my use of the word " technicality '' as describing my loans not being qualified for these programs. Anyway, XXXX insisted that my loans were FFELP loans and those are commercial loans and not direct federal loans. I shared that I was always told that my loans were direct federal loans since I took them out 20 years ago. He insisted that NelNet always stated they were FFELP loans and I understood that was what was on my statements. However, XXXX and NelNet sent me the email to consolidate my loans with the government instead of NelNet. That email has the headline at the top... Consolidating Your Federal Direct Loans. '' If my loans were FFELP loans, why am I being communicated with in a way that clearly convolutes the technical qualifications of my actual loans? Why does it say " Direct Federal '' and not FFELP commercial loans? I cited the CFPB article https : //www.consumerfinance.gov/ask-cfpb/what-is-a-stafford-loan-en-549/ but NelNet said that information was incorrect and I read the specific passage to them ... '' XXXX Loans are made under the Federal Direct Loan Program . Before XX/XX/XXXX, they were also made under the Federal Family Education Loan Program ( FFELP ), though no new FFELP loans are being made now. '' This was shared to convey that it was confusing what my loans are classified as with so much conflicting and complicated information. All I wanted to know at first was why my Direct Federal Loans were not qualified for this program. Either my loans are " direct '' or not. Since they are not, why am i being left out of government assistance because my loans are part of the direct federal program but technically aren't direct because they were FFELP. The conversation decayed into the agent, XXXX, arguing with me that I had misused the word technicality ... which I had not. XXXX did not see my loans falling under the " Direct Federal '' XXXX program but actually being a subset or contradiction as FFELP loans. I guess I was just looking for some empathy about how confusing this was before moving to rectify the situation. It is my belief ( with evidence ) that NelNet and for-profit companies like it have continually and deliberately mislead and misinformed their clients ( me included ) about the qualifications for these loans. In an email, I am told that I am " Consolidating Your Federal Direct Loans '' 5 minutes after a representative swore up and down that NelNet never communicated that my loans were anything but FFELP despite me explaining this is the first time I ever remember even hearing FFELP or commercial when talking about my loans. I was always of the understanding that my loans were direct federal loans. Now, I completely understand this is an email template. I also understand that they could have an FFELP template for my categorization. This contradiction could be just a miscommunication if it weren't that NelNet profits, in part... probably large part, from the interest paid on FFELP loans and it is in their revenue and shareholder 's interest to keep my loans owned by NelNet. This is just one example and I have not kept good enough records to show more examples, but I expect these predatory and unethical tactics have lead to many people believing that their " federal loans '' were " federal loans '' without getting into the technical subcategories of FFELP or commercial or Direct or Indirect loans. The systemic convolution of the process and the categorization of these loans directly leads to increased profit from interest accrued over the life of the loans. I personally understood that my loans were federal loans and believed it didn't really matter who owned the loan when it came to government assistance. However, Congress has brought this misconception and failure to fully understand the problem to light by choosing to exclude " direct federal loans '' that aren't actually direct federal loans but FFELP commercially held loans. NelNet and for-profit lenders have substantial responsibility for nurturing complexity and confusion while profiting off of the interest accrued.
Company Response:
State: TX
Zip: 78681
Submitted Via: Web
Date Sent: 2022-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-29
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I deferred my loan through Nelnet and I was told everything was fine and had nothing to worry about. The next thing I know I'm now showing 10 late payments over 10 different accounts. The company refuses to remove the late payments.
Company Response:
State: FL
Zip: 34202
Submitted Via: Web
Date Sent: 2021-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-28
Issue: Getting a loan
Subissue: Fraudulent loan
Consumer Complaint: On XX/XX/21, I discovered ( thru XXXX XXXX ) a student loan listed ( opened on XX/XX/21 ) on my credit report which I had not opened. Student loan is for {$10000.00}. There were no hard inquiries or any other items that would have notified me of the load. I contacted Great Lakes ( the lender for this loan ), but customer service was unable to help me because I did not have needed information to confirm my identity ( because the name used on the loan was my name before marriage and the address used was one I haven't lived at for 35 years ). I asked for the fraud department number and called them. They were able to tell me the name and address used, and the school receiving the disbursement ( XXXX XXXX ). I have filed a police report and requested a Loan Discharge Application form from Great Lakes, and am in the process of getting everything together for that. I have locked my credit reports ( although with no hard inquiries made, I'm not sure if that will help at all ). I have contacted my bank to let them know & to note the info in my account in case something suspicious takes place with that account.
Company Response:
State: OH
Zip: 453XX
Submitted Via: Web
Date Sent: 2021-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-28
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: XX/XX/2021 first mark services took over my student loan from XXXX XXXX, they bought out my student loan as XXXX XXXX did away with all private student loans. XXXX XXXX told me, as well as first mark services, that my account would stay the same, interest rate and payment. I have a military interest rate on my account per my agreement and signing of documents through XXXX XXXX. That was supposed to all transfer over since my loan was bought out, not new. However, first XXXX XXXX ( account # XXXX ) will not apply this, they are trying to change my loan they bought out to the interest rate and payment they want to. This has increased my payment and interest rate and it has been effecting my credit negatively since XX/XX/2021. I have called multiple times to get this corrected and have even spoke to our military JAG attorney. I have no processed with the attorney but I feel that is my next step. The last woman I spoke to from first XXXX XXXX told me she would submit my request and complaint and she sees no reason I shouldn't have my loan all remaining the same, interest and payment, but she did not have the access to change it herself. That was two months ago and nothing has changed. Please help me get them to resolve this issue. They bought out my loan without my consent and without me signing anything and want to change my original contract I SIGNED and AGREED to with XXXX XXXX. Thank you.
Company Response:
State: GA
Zip: 31558
Submitted Via: Web
Date Sent: 2022-01-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-28
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: Dear Sir or Madam, 1. DEPTEDNELNET Account XXXX Please correct this inaccurate information on my credit report. I recently pulled my credit report from your Bureau and my attorneys and I had a chance to go over my credit report and in amazement, that you have decided to report me 90 days late on this account in XX/XX/XXXX, XX/XX/XXXX. I immediately disputed this information with DEPTEDNELNET and the results of the investigation came back " verified ''. Not only was I never late on this account, but according to the Fair Credit Reporting Act ( FCRA ), the information furnisher is required to notify me of the insertion of negative listings. Since I have disputed the lates with the creditor, and you obviously " verified '' them, I am very curious as to what kinds of " records '' you may have for this alleged account. I am very confident that you are in violation of the ( FCRA ) and ( FCBA ) sections ( 1666, 1666a. 1666b., and 1666c. ) as stated below : 1666. Correction of billing errors ( b ) Billing error ( 4 ) The creditor 's failure to reflect properly on a statement, a payment made by the obligor or a credit issued to the obligor. ( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement. ( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required. ( 7 ) Any other error described in regulations of the Bureau. 1666a. Regulation of credit reports ( a ) Reports by creditor on obligor 's failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligor 's credit rating or credit standing because of the obligor 's failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts. ( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute 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 dispute 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 resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported. 1666b. Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed 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 payment due date. Because I take my credit very seriously, I contacted every name and account that was listed on the report. I was again very shocked by the multiple names, account numbers and figures. Included with this letter, is every letter written to those who have hampered my ability to obtain credit. I believe that any judge that looks over the report would agree that it is a violation of both the FCRA, CCPA and FACTA. The following accounts were listed on your report and I have demanded from them a full accounting and five years worth of records to see if their accounts were in violation of the FAIR CREDIT BILLING ACT ( FCBA ). We also demanded signed contracts, agreements or any legal paperwork that would tie us to the following accounts. Under the FCRA, you are required to conduct an investigation on this account if I request it. I DEMAND to see all 100 % verifiable proof that I was indeed Verifiably late on these accounts and the creditor fulfilled its obligations under ( FCBA 1666 ( a ) ( 2 ) ), As I was never notified of a billing delinquency on my accounts, which the creditor must do under section ( FCBA1666 ( b ) ( 6 ). I DEMAND to see proof that I was mailed my statement to the correct address notifying me of both payment due date and delinquency of payment on the account. If you can not provide 100 % Verifiable proof and proper documentation that the CREDITOR fulfilled its obligations under the ( FCBA ) and ( FCRA ), I therefore demand these late payments be removed from my account or I will be forced to be in contact with the Attorney General of my State and the Consumer Financial Protection Bureau. I therefore am submitting my written request to you to conduct an investigation. Per the FCRA, you have 30 days to conduct this investigation and respond to my request. If you do not respond within this time period, per the FCRA, you must remove this negative information. Thank you for your time, XXXX XXXX SS # : XXXX Date of Birth : XX/XX/XXXX XXXX : Consumer Financial Protection Bureau po box 4503 Iowa City, Iowa 52244
Company Response:
State: TX
Zip: 75119
Submitted Via: Web
Date Sent: 2022-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A