Date Received: 2021-09-21
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: My complaint, as such, is this : 1. AES received my two student loan consolidations in the amounts of {$51000.00} and {$80000.00} from a prior federal loan servicer around XXXX. There was a 60-day late payment noted on the account that occurred in XX/XX/XXXX due to forbearance request sent to wrong servicer. In XXXX, these accounts were in deferment and/or forbearance due to my inability to work as an XXXX or any other full-time position caused by an aggressive XXXX XXXX XXXX. 2. In XX/XX/XXXX, AES transferred/sold my loans to XXXX XXXX , XXXX out my balance, and closed the account. 3. In XX/XX/XXXX, I filed for XXXX loan discharge under the XXXX and XXXX XXXX program. Upon receiving my application, XXXX XXXX, transferred my {$130000.00} in loans to the Department of Education/XXXX XXXX program . 4. In XX/XX/XXXX, the Department of Education granted my XXXX discharge for my two consolidation loans totaling {$130000.00}. I completed my three-year income monitoring period in XXXX and the Department of Education listed my loans as permanently XXXX on XX/XX/XXXX. 5. My AES accounts, XXXX XXXX account, and the Department of Education/XXXX XXXX have continuously listed the two loans of {$51000.00} and {$80000.00} as transferred/sold ( AES & XXXX XXXX ) and closed with a XXXX balance since XX/XX/XXXX. 6. In XX/XX/XXXX, I checked my credit reports since my husband and I sold our XXXX home and moved to XXXX, where we are building our dream home. I was shocked to find XXXX noted there was derogatory, negative information with XXXX AES student loan, particularly since the maximum statutory period of 7 years negative reporting expired in XX/XX/XXXX ( because, once again, these AES loans were transferred and closed in XX/XX/XXXX with a XXXX balance ). Upon further review, XXXX is reporting AES claims that my loan payments were 60 days or 90 days ( two different reporting errors on XXXX system ) past due in XX/XX/XXXX! 7. Knowing mistakes happen, I filed a dispute with XXXX on XX/XX/XXXX, specifically mentioning that these accounts were closed with AES in XX/XX/XXXX, the loans were transferred to another servicer, and were subsequently XXXX in XXXX by the US Department of Education via a Federally-regulated program with very stringent requirements. 8. On XX/XX/XXXX, XXXX informed me that AES looked at my dispute and verified the account. AES officially verified to XXXX : I ) THAT THE CURRENT STATUS IS BEING REPORTED CORRECTLY, a ) the current status of Pays As Agreed, Closed and Transfer/Sold is CORRECT b ) the AES verification listing Date Closed, XX/XX/XXXX is CORRECT c ) Balance Amount, {$0.00} is CORRECT II ) THAT THE DATE OF LAST ACTIVITY IS BEING REPORTED CORRECTLY, a ) the date of last activity listed as XX/XX/XXXX is CORRECT III ) THAT THE PRIOR PAYING HISTORY IS BEING REPORTED CORRECTLY a ) the account history with status codes of XX/XX/XXXX 2 [ 60-89 days past due ] is INCORRECT A reasonable person would obviously doubt the accuracy of being 60-89 days past due FOUR YEARS AFTER an account was transferred and closed with a XXXX balance. AES reporting that I was 60 days past due on an account four years after closure does not accurately reflect my account performance. AES reporting I was 60 days past due after an account was closed can not be substantiated by AESs records. 9. AES employee named XXXX XXXX ID # XXXX, chatted with me on XX/XX/XXXX. As detailed in screen shots I will upload, XXXX informed me that AES was aware that I was disputing a 60-day late payment status in XX/XX/XXXX for loans that were closed four years earlier in XXXX. XXXX : " Yes I see we received and completed that dispute as of today 's date with the information showing as valid since we haven't serviced your loans with AES since XXXX. '' Me : "... you are saying AES confirmed late payment in XXXX, 4 years after closed? '' XXXX : " Yes, that is what we received and closed as that being the reason as well since we didn't even have the loans at that time. That is why I suggested reaching out to XXXX to have them verify the reporting. '' This AES employee admits that AES confirmed the late pay status on AES loan to XXXX -- there are no late payments listed by either XXXX XXXX ( the servicer after AES ) or by the Department of Education -- but it is XXXX XXXX fault for reporting what AES verified. I have will also attached the official dispute result document from XXXX, dated XX/XX/XXXX. 10. AES could be trying to re-age a XX/XX/XXXX 60-day late payment to XX/XX/XXXX, but that would obviously be a violation of FCRA 's Furnisher Rules. 11. XXXX should also have noticed the inaccuracy of a closed account confirming late payment status, when the alleged late payment occurs four years after the account is closed and has a {$0.00} balance for the last four years since it was closed. Since XXXX report also lists the closed XXXX XXXX and Department of Education loans that were originally with AES. These accounts clearly document the loans were paid & closed in XX/XX/XXXX and have no derogatory payment information.
Company Response:
State: KS
Zip: 666XX
Submitted Via: Web
Date Sent: 2021-09-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-21
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: Fedloan servicing is not updating my progress towards PSLF. I have submitted two forms, most recently on XX/XX/XXXX certifying my employment at a qualifying employer from the months of XX/XX/XXXX - XX/XX/XXXX. Most of my payments were accepted. However, for some reason, the period from XX/XX/XXXX - XX/XX/XXXX was not counted as qualifying and is still listed as " eligible ''.
Company Response:
State: RI
Zip: 02909
Submitted Via: Web
Date Sent: 2021-09-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-21
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: I am eligible for public service loan forgiveness, but I am not getting answers, even though I applied for forgiveness back in XXXX of this year. I was hired as an XXXX XXXX XXXX in XXXX of XXXX. My loans were consolidated in XXXX of XXXX. I do not recall missing any payments. I asked that my loans be put in forbearance only one time, at the urging of a representative with PSLF. The reason I requested forbearance for a total of a couple of months was to get the payments to " match '' their due dates. I have submitted two addendums showing proof of payments and requests for payments where PSLF says no payment was due. Every time I call, I speak to someone different and am unable to get an answer. I've been told multiple times they are still processing my application to see if I've made the 120 qualifying payments. No one is able to tell me how much longer it will take to process. I have stayed at my job for the last two years solely because of public service loan forgiveness. I have spent hours on the phone trying to get answers as to whether I qualify and if not, why. Please help me get an answer. I've asked to speak to supervisors and been told my application had been expedited, but to no avail. I should be eligible to have my loans completely discharged so I can move on with my career.
Company Response:
State: FL
Zip: 33137
Submitted Via: Web
Date Sent: 2021-09-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-21
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: I am a public service worker, having been in the field since XXXX. I had my loans serviced through Pennsylvania Higher Education Assistance Agency ( PHEAA ) for a majority of the time when I first learned I was eligible for the Public Service Loan Forgiveness Program in XXXX. This was after not being told or encouraged to join through that servicer, who also had many loans tagged incorrectly, thus not reflecting the correct eligibility. I have recently re-certified my eligibility, but find PHEAA through FedLoan Servicing, only reflects roughly have the qualified years, telling me that there were forbearance they placed on my accounts when I would have been eligible for $ XXXX monthly payments prior to and immediately following my marriage in XXXX. They have mismanaged my account that I have spent over 4 years trying to fix, with them now properly certifying my eligible years, but not that of eligible payments that they consider.
Company Response:
State: IN
Zip: 467XX
Submitted Via: Web
Date Sent: 2021-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-21
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: I disputed all of my payments that are erroneously not being counted towards my PSLF progress a year and a half ago. I call every month and Fed Loan refuses to correct the count, claiming a backlog. Now that my loans will be transferred in XXXX, its certain that Fed Loan has no intention to rectify their error. They're now miscounting all of the CARES Act payment moratorium months as well, and delaying my forgiveness date by two years. Please help to correct my timeline before transfer. I've been paying in full and on time since XX/XX/XXXX, so my last payment to satisfy forgiveness should be XX/XX/XXXX. I have continuously worked for the federal government and certified my employment for PSLF and PAYE recalculation annually in XXXX.
Company Response:
State: DC
Zip: 20019
Submitted Via: Web
Date Sent: 2021-09-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Dear Sir or Madam : I am a victim of identity theft. I have recently learned that my personal information was used to open an account at your company. I did not open this account, and I am requesting that the account be closed and that I be absolved of all charges on the account. Enclosed is a copy of my Identity Theft Report supporting my position. In addition, I am enclosing a copy of sections 605B, 615 ( f ) and 623 ( a ) ( 6 ) of the Fair Credit Reporting Act ( FCRA ), which detail your responsibilities as an information furnisher to consumer reporting agencies in response to the Identity Theft Report I am providing. These sections also detail your responsibilities that apply in the event you receive from a consumer reporting agency notice under section 605B of the FCRA that information you provided is the result of identity theft. Please investigate this matter, close the account and absolve me of all charges, take the steps required of you under the FCRA, and send me a letter confirming your findings and actions, as soon as possible. Enclosures : Identity Theft Report FCRA Sections 605B, 615 ( f ), 623 ( a ) ( 6 ) ENCLOSURE : FCRA 605B ( 15 U.S.C. 1681c-2 ) Block of Information Resulting from Identity Theft ( a ) Block Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of -- ( 1 ) appropriate proof of the 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 is not information relating to any transaction by the consumer. ( b ) Notification A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) of this section -- ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block. ( c ) Authority to decline or rescind ( 1 ) In general A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that -- ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions. ( 2 ) Notification to consumer If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 168li ( a ) ( 5 ) ( B ) of this title. ( 3 ) Significance of block For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block. ( d ) Exception for resellers ( 1 ) No reseller file This section shall not apply to a consumer reporting agency, if the consumer reporting agency -- ( A ) is a reseller ; ( B ) is not, at the time of the request of the consumer under subsection ( a ) of this section, otherwise furnishing or reselling a consumer report concerning the information identified by the consumer ; and ( C ) informs the consumer, by any means, that the consumer may report the identity theft to the Commission to obtain consumer information regarding identity theft. ( 2 ) Reseller with file The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if -- ( A ) the consumer, in accordance with the provisions of subsection ( a ) of this section, identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft ; and ( B ) the consumer reporting agency is a reseller of the identified information. ( 3 ) Notice In carrying out its obligation under paragraph ( 2 ), the reseller shall promptly provide a notice to the consumer of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting agency from which the consumer information was obtained for resale. ( e ) Exception for verification companies The provisions of this section do not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, except that, beginning 4 business days after receipt of information described in paragraphs ( 1 ) through ( 3 ) of subsection ( a ) of this section, a check services company shall not report to a national consumer reporting agency described in section 1681a ( p ) of this title, any information identified in the subject identity theft report as resulting from identity theft. ( f ) Access to blocked information by law enforcement agencies No provision of this section shall be construed as requiring a consumer reporting agency to prevent a Federal, State, or local law enforcement agency from accessing blocked information in a consumer file to which the agency could otherwise obtain access under this title. ENCLOSURE : FCRA 615 ( f ) ( 15 U.S.C. 1681m ( f ) ) Requirements on Users of Consumer Reports Prohibition on Sale or Transfer of Debt Caused by Identity Theft ( f ) Prohibition on sale or transfer of debt caused by identity theft ( 1 ) In general No person shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 1681c-2 of this title has resulted from identity theft. ( 2 ) Applicability The prohibitions of this subsection shall apply to all persons collecting a debt described in paragraph ( 1 ) after the date of a notification under paragraph ( 1 ). ( 3 ) Rule of construction Nothing in this subsection shall be construed to prohibit -- ( A ) the repurchase of a debt in any case in which the assignee of the debt requires such repurchase because the debt has resulted from identity theft ; ( B ) the securitization of a debt or the pledging of a portfolio of debt as collateral in connection with a borrowing ; or ( C ) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all of the assets of an entity. ENCLOSURE : FCRA 623 ( a ) ( 6 ) ( 15 U.S.C. 1681s-2 ( a ) ( 6 ) ) Responsibilities of Furnishers of Information to Consumer Reporting Agencies Duties of Furnishers upon Notice of Identity Theft-Related Information ( 6 ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under 1681c-2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information. ( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct.
Company Response:
State: LA
Zip: 705XX
Submitted Via: Web
Date Sent: 2021-09-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-21
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: The latest credit report I checked still shows that this account is being reported inaccurately and incorrectly, despite that I sent previous dispute letters to your agency. This account is being reported reflecting multiple " violation '' statements. I don't believe the status of this account is accurate. I urge your agency to reinvestigate this account and ensure that correct, fair, and complete reporting is given.
Company Response:
State: CA
Zip: 95691
Submitted Via: Web
Date Sent: 2021-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-20
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: I am writing this formal complaint as I have asked FedLoan Servicing to review my case to include past payments made under the income based repayment plan. I made several payments listed in the attachment to my lender from XXXX XXXX. None of my payments are being counted toward my loan forgiveness even though I had the same employer under which 4 payments with the lender XXXX XXXX are being counted toward my forgiveness. After XXXX XXXX, my loans were sent to FedLoan Servicing. I submitted the payments from XXXX for review 4 times and though I was making payments under the income based repayment at my qualifying institution, they refuse to count them. They specifically asked me to show proof of the payments by downloading the payments from the website at XXXX and submitting them to FedLoan Servicing. I have done this several times. I would like to submit a complaint of dishonestly and fraudulent claims by FedLoan Servicing.
Company Response:
State: FL
Zip: 33025
Submitted Via: Web
Date Sent: 2021-09-20
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-21
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: I never entered into any credit transaction with fed loan per saint 15 USC 1692 Which states its not illegal to sale a account but it is a violation to sale my personal information and it is also a violation per saint 15 USC 1692e 807 false or misleading representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer violation so they are civil liable for damages for willful noncompliance per saint 15 usc 1692k
Company Response:
State: IL
Zip: 60616
Submitted Via: Web
Date Sent: 2021-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-20
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: In XXXX of 2015, I signed a negotiable instrument ( promissory note ) with the company in question and per my contract as the debtor I am asserting my rights according to 16 CFR 433.1-3. Violations : 15 U.S. Code 1692c 15 U.S. Code 1692d 15 U.S. Code 1692e 15 U.S. Code 1692f 15 U.S. Code 1692j According to 18 U.S. Code 8 all debts are obligatory of the U. S. but the company in question is trying to hold me, the consumer as surety for the negotiable instrument and for extortion purposes.
Company Response:
State: OK
Zip: 73099
Submitted Via: Web
Date Sent: 2021-09-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A