Date Received: 2021-05-25
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: This account is involved in litigation for fraudulent practices according to my FCRA rights. I have not supplied proof under the doctrine of estoppel by silence, Engelhardt v. Gravens ( Mo ) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. Note that the collector has to stop all collection activities until it can provide all the evidence. Under the FDCPA Section 809, Validation of debts [ 15 USC 1692g ] I have the right to verify any alleged debt on my credit report and if the alleged debt is being disputed, the debt collector shall cease.
Company Response:
State: TX
Zip: 76021
Submitted Via: Web
Date Sent: 2021-05-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-25
Issue: Dealing with your lender or servicer
Subissue: Problem with customer service
Consumer Complaint: I contacted XXXX for a second time on XX/XX/XXXX, requesting information on what I need to do to remove the cosigner from my loan. They responded XX/XX/XXXX that they would need 7-10 business days to review that I had made 24 on time payments, which I have and an additional 3 to send a form. As of XX/XX/XXXX, I have received nothing from them.
Company Response:
State: WA
Zip: 985XX
Submitted Via: Web
Date Sent: 2021-05-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-24
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: There are two student loans that I took out with XXXX while I was in college from XXXX to XXXX. I was successfully paying on these loans after graduation until XXXX when my parents filed Chapter XXXX bankruptcy, because my dad is the co-signer on the two student loans they were pulled into their bankruptcy. The bankruptcy lawyer told us to leave the loans as is because they will pay out in the bankruptcy. The XXXX student loans were discharged in Bankruptcy in XX/XX/XXXX. I have attached the discharge papers and highlighted the two Firstmark loans as well as the courts sentence stating that the unpaid amounts have been discharged. These are non-qualified private student loans, so they are not exempt from discharge under the bankruptcy code. They were taken out as direct consumer student loans, not certified by the school ( as you will see in the application that Firstmark has given me, and I've attached on the right-hand side there is no school certification information ), and they were in excess of my scholarship and the federal student loans that covered by tuition. No further petition needs to be filed with the court for the discharge, according to the bankruptcy code any non-qualified private student loans are automatically discharged. I've told Firstmark this multiple times, but they just say that student loans can't be discharged in bankruptcy, which is only accurate for federal and private qualified student loans. In addition to that, Firstmark is saying that these two loans were not discharged in bankruptcy and that I still owe them. I have been trying to get documentation for proof of debt from Firstmark for several months now because I do not believe I owe these loans. I've asked Firstmark customer service for this documentation directly several times and I either receive the same documents over and over, which are not enough to satisfy proof of debt, or I don't get any answer at all. Not only that, but I have filed multiple disputes with all three credit bureau 's, and every time the loans come back as verified. I am very confused as to how that can be possible when Firstmark can't provide the appropriate and complete documentation to me. I called XXXX and asked a dispute specialist if they could provide me with the proof of debt that is required for Firstmark to report these to the credit bureau under the FCRA, and XXXX said they do not receive anything from Firstmark. The agent explained that XXXX just passes the dispute on and Firstmark says they've verified it, so XXXX leaves it on my credit report. I sent Firstmark a 623 dispute letter requesting that they investigate the loans and that they provide me with all proof and documentation of their investigation as well as what they've found in their investigation. I received a letter in the mail today from Firstmark stating that they are not going to investigate the dispute because it was frivolous. They did not provide any further documentation with the letter, nor did they provide any documentation around their previous investigations or any proof that they've ever done any sort of investigation on these loans. To this date the ONLY documentation Firstmark has provided me is ( 1 ) student loan application that was electronically signed ( there are two separate student loans this complaint pertains to ), ( 1 ) word document that has blanked out areas, and different fonts that claims to be a conditional letter of approval from XXXX, but I could type this up in Word if I wanted to. ( 1 ) generic promissory note that does not have my signature on it, and does not tie itself to my loan application or accounts in any way. The first page of the generic promissory note under the 'promise to pay ' section states that a conditional letter of approval and/or a promissory note will be sent with each subsequent loan, even under a master student loan promissory note. I have not received this documentation for the 2nd student loan after multiple requests. At this point, Firstmark has failed to provide ANY documentation for one of these loans, they can not even provide documentation that I even applied for a 2nd loan with XXXX. For the other loan they can only provide incomplete documentation. The documentation that has been provided does not satisfy the legal proof of debt that is required to be reporting these accounts to the credit bureau, and it is not enough documentation to be legally collecting on this loan. Right now Firstmark is in violation of the FCRA, and the bankruptcy code by continuing to report and trying to collect on these accounts. If there is further documentation available to satisfy the proof of debt requirement that the creditor must meet, then I want copies of that documentation as well. If no further documentation can be provided then I want these loans deleted from Firstmarks system, from my credit report, and my dad 's credit report XXXX XXXX, with all three credit bureaus.
Company Response:
State: IA
Zip: 50266
Submitted Via: Web
Date Sent: 2021-05-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-22
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: On XX/XX/2021 via Priority Express mail numbeXXXX XXXX XXXX XXXX XXXX XXXX XXXX Great Lakes Educational Loan Services Inc received my validation of debt letter specifying I want direct verification of the alleged debt they say I owe. I requested to have the competent evidence of said debt and validation under penalty of perjury and as allowed by law, I also asked them to provide me additional evidence including proof that they are licensed to collect in the state of my place of abode. During the initial 30-day investigation period, Great Lakes Educational Loan Services Inc was on notice that they should not email or call me, not collect any alleged debt, to write me only at the address listed in the letter, to not send me printouts/copies of the proper documentation, and to not send me statements/bills. Great Lakes Educational Loan Services Inc did not provide me direct verification or proof that sufficiently satisfies their claims. Instead, Great Lakes Educational Loan Services Inc sent me copies of deceptive forms pursuant 15 USC 1692j ( a ). Additionally, Great Lakes Educational Loan Services Inc continued communicating or attempting to communicate with the Consumer Reporting Agencies about me without my direct prior consent which is a violation pursuant to 15 USC 1692c ( b ) causing harm to my reputation which is also a violation pursuant to 15 USC 1692d ( 1 ). Upon further research and discovery, I am the consumer in fact, natural person, original creditor, lender, executor, administrator, holder in due course of any and all derivatives thereof for the surname/given name. Pursuant 15 USC 1692e ( 2 ) ( B ) any compensation lawfully received by any debt collector is FALSE REPRESENTATION and using the false representation of the amount or the legal status of any debt is also FALSE REPRESENTATION pursuant 15 USC 1692e ( 2 ) ( A ). If there is a debt owed, why is the balance in a positive status? In addition to the statement of dispute, a 2nd notice for Direct Verification, Affidavit of Truth and a Rescission of Signatures notice has already been provided to Great Lakes Educational Loan Services Inc by I, the consumer in fact via Certified mail number XXXX XXXX XXXX XXXX XXXX. Pursuant to Fair Debt Collection Practices Act ( FDCPA ) and 15 USC 1692g ( a ) ( 4 ), if the alleged debt is not directly verified by the true bill in commerce within thirty 30 days, per law, it be deemed void by the consumer acting as administrator pursuant to 15 USC 1692c ( d ), consumer defined, administrator. Not only the allege debt is still not directly verified, Great Lakes Educational Loan Services Inc has committed several federal violations against me, a Private law abiding Federally Protected Consumer, for which I am entitled remedy. Great Lakes Educational Loan Services Inc must now provide me the following due to their trespass against me in which they are civilly liable for pursuant 15 USC 1692k : 1. Reimbursement of all prior compensation applied 2. Amount owed to me as stated in the Bill of Particular ( s ) All the documents, exhibits, violations, Bill of Particular ( s ), and overall proof of my claims are included in the attachment to further explain this statement.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 19401
Submitted Via: Web
Date Sent: 2021-05-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-22
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: I had the chance to go over my payment history letter sent from XXXX Department of Education/Nelnet on XX/XX/XXXX, and it doesnt show a history of late payments on record. My sole purpose in requesting my payment history on my student loans is because I have 9 late payments on my credit reports from Nelnet. All late payments listed on my credit reports are dated as follows : 90 Days Late in XXXX XXXX 90 Days Late in XXXX XXXX 120 Days Late in XXXX XXXX 120 Days Late in XXXX XXXX 120 Days Late in XXXX XXXX 120 Days Late in XXXX XXXX 120 Days Late in XXXX XXXX 120 Days Late in XX/XX/XXXX Between XX/XX/XXXX, to XX/XX/XXXX, my student loans were in FORBEARANCE, so I am not understanding why I have late payments shown in XX/XX/XXXX through XX/XX/XXXX on all three of my credit reports. The screenshot attached to this complaint shows that my loans were in FORBEARANCE between XX/XX/XXXX through XX/XX/XXXX. THERE SHOULD NOT BE LATE PAYMENTS LISTED ON MY CREDIT REPORTS DURING THIS TIME PERIOD, THIS IS INACCURATE AND IT NEEDS TO BE UPDATED TO POSITIVE PAYMENTS OR DELETED IMMEDIATELY. My credit report also shows 90 days late in XX/XX/XXXX ; however, my loans were in FORBEARANCE from XX/XX/XXXX, through XX/XX/XXXX, as shown in the attachments to this complaint. If you are not familiar with the term FORBEARANCE it is an option to delay student loan payments in case you are temporarily unable to make your monthly payments. While in FORBEARANCE, your loans will continue to accrue interest. That interest capitalizes or gets added to your balance when your loans switch out of forbearance and back into your payment plan. Attached to this complaint is an XXXX screenshot of the late payments from The Department of Education/Nelnet. This is unacceptable. I have been suffering from this negative payment history for years and each and every time I disputed these negative payments I am told by Nelnet, XXXX, XXXX, and XXXX that the information is correct, therefore my rights as a litigious consumer have been violated. Since I had to do my own investigation and clearly proved that I DO NOT HAVE LATE PAYMENTS, I respectfully ask that ALL LATE PAYMENTS FROM THE DEPARTMENT OF EDUCATION/NELNET EITHER BE UPDATE TO POSITIVE PAYMENT HISTORY OR BE REMOVED FROM ALL 3 ( THREE ) CREDIT BUREAUS IMMEDIATELY. I have attached the full payment history email sent to me from THE DEPARTMENT OF EDUCATION/NELNET within this complaint so you can see for yourself that I NEVER had a late payment.
Company Response:
State: PA
Zip: 19143
Submitted Via: Web
Date Sent: 2021-05-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-19
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: When student loans went into deferral, I was not aware that my Nelnet loans were not part of that. They had my contact information, but none of their deliquent notices got to me, nor did they try to contact me by phone. I have never been deliquent, but now am showing six months deliquent, and they dropped my credit score from almost 800 to XXXX. The person on the phone told me it was my responsibility to know what type of loan I have, even though I've been paying on it for the past who knows how many years. Being a public health nurse who has been working on a pandemic for the past year, that was not my priority. Nelnet does not operate in good faith. I can pay my bills. What about people that can't? I'm turning XXXX years old this year, and was planning retirement, and moving back to my family, and now I can't because of this. I tried to bring my account to date today, but I can't because I'm on vacation and don't have a checkbook, and they won't take my credit card, only my debit card. I'm not doing that, sorry. They will get paid when I get back to California.
Company Response:
State: CA
Zip: 95835
Submitted Via: Web
Date Sent: 2021-05-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-19
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: The department of education has breached the contract I had with them. NELNET gained access to my personal information. NELNET has presented itself as a government agency. NELNET is still violating the Fair Credit Reporting Act, Fair Debt Collection Practices Act, discloser and privacy laws enacted by congress, along with laws and provisions as addressed in my federal complaint. I have never had a contract with or entered into a payment agreement with NELNET. Their dispute is with the federal agency who they entered into a contract with.
Company Response:
State: FL
Zip: 32539
Submitted Via: Web
Date Sent: 2021-05-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-19
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: Since XX/XX/XXXX, I have been out of work with a XXXX XXXX. I was notified by Social Security that I would no longer have to pay on student loan, due to XXXX discharge that was in process. In XX/XX/XXXX, I asked you to remove the late payment status on my credit report for XX/XX/XXXX, which you stated " we have an obligation to ensure data we furnish to consumer reporting agencies is accurate ''. In XX/XX/XXXX, I received a refund for payments posted on the account including the XX/XX/XXXX payment. Furthermore, you must remove the payment history for XX/XX/XXXX, Since I was not responsible to pay that month. I noticed several months of data were removed after you received my TPD discharge, however you decided to leave the late payments on my report. Please update XXXX, XXXX and XXXX to remove the payment history for XX/XX/XXXX. Sincerely, XXXX XXXX
Company Response:
State: NY
Zip: 130XX
Submitted Via: Web
Date Sent: 2021-05-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-19
Issue: Incorrect information on your report
Subissue: Public record information inaccurate
Consumer Complaint: Nelnet is reporting to XXXX that I made 5 late payments ( bright bold red print ) in XXXX. I did not make ANY payments on XXXX XXXX XXXX or XXXX. I've disputed this INCORRECT information both with NELNET and XXXX with the answer that " that's just how they entered a deferred if not contacted '' I was NEVER notified that I needed to contact NELNET and to this day I still have no ideas as to why I needed to contact them. But it does up on the 9 OPEN ACCOUNTS which should have been consolidated when NELNET bought it from old student loan company. I'm on my 5th different " student loan account owner '' my entire life is affected by this " credit report '' along with the discriminating in every possible way, " background report '' please help amend THIS credit report so I can get a better job and an actual home of my own
Company Response:
State: IA
Zip: 526XX
Submitted Via: Web
Date Sent: 2021-05-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-19
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I have a regular inquiry on my XXXX Credit report from Firstmark Services XXXX that I didn't authorize. After contacting Firstmark they reported that I never did the inquiry but requested additional information ( subscriber code ) that is not available in the XXXX credit report. Since I can't provide this information. XXXX guided me to file a FTC complain and report the complain number back to them to take further actions. Here is the information about the regular inquiry on my XXXX credit report : FirstMark Service XXXX XXXX XXXX XXXX XXXX, MN XXXX ( XXXX ) XXXX Requested on : XX/XX/2021 Inquiry Type : Individual
Company Response:
State: PA
Zip: 15241
Submitted Via: Web
Date Sent: 2021-05-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A