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I have been on hold for 36 minutes, even though the automated service said it would be "approx" 20 minutes. When the agent FINALLY came on, she said she couldn't hear me due to "Static" on the phone. I could CLEARLY hear her and I have FULL BARS and wasn't on WiFi, so there is no reason why my phone would be giving off static. I asked to speak to a manager and I was on hold for another 25 minutes with the girl coming on the line repeatedly to tell me she is on the other line waiting for the manager to answer, she said I could try to call back (yeah so I can be on hold for another hour, no thanks) US Dep of Ed needs and MUST do better at providing service and help to the people trying to find out information about their student loans. This is ABSOLUTELY HORRID, SHAME ON DOE!!!
I WISH YOU COULD GIVE 0 STARS! I have a defaulted student loan that I've been making payments on since 2016 and I went into a rehabilitation program. I was told by Credit Adjustments on 12/12/2018 that I was clear of offset and that everything looked fine. I set up my payments to be auto drafted from my account. I filed my taxes 1/28/2019. I called the offset line 2 weeks later and sure enough there was an offset that was placed on 12/07/2018. I called Credit Adjustments to file a complaint. Waited a few days. The complaint was 'resolved.' At first I was rudely told "the agent's punishment is none of your business?" When clearly it is my business. It's my money being taken and I was given false information from this agent. Then I was told he was talked to and will receive the proper training. But, my offset will still remain certified.
I'm a single mother who is already not making enough income and here you come giving false information. Now the tax refund that I depend on every year is being taken. I'm in a rehabilitation program and also consolidated my loans. I was told on 2/22/2019 that I was inactive for an offset and that it was sent to the treasury. I called the treasury and they said that it was no record of my offset being inactive and my refund was still being taken 2/27/2019. Treasury told me it takes 24 hours for that information to update. Something has got to be done. I just don't understand how you see someone is in a low income payment program so that means what, YOU HAVE A LOW INCOME, why would you take their money?!!
Please learn from my mistakes and never take out student loans. I owe $32k, yet the DOE wants to garnish $110k from my wages. This is injustice. Don't go to college. Remain free, not a slave. I was so much happier before I went to college. Now I cannot afford a new house, new car, nothing. The DOE is the worst lender in America.
So I called to get a clearance letter that I am no longer on defaulted debt because I already paid it off with a private Loan. Apart from getting this clearance letter They also had collected my Tax Refund. So I called to find out how to get a clearance letter and my tax refund back, automated answering system that always inform you that your wait time is over 60min, after being on hold for 15min calls drop so you have to call all over again and back in the line for another 60min wait. I called 5 times yesterday. I finally gave up then today at 8 am I started calling. Currently on hold at this moment while I'm writing this review. This is my 4th call cause It kept dropping.
They shouldn’t even get one start. Found out I have an offset yet I got no letter or anything and I’m paying to someone else not them. And was told I would not get offset or garnishment of wages. I have every intention of taking them to court for this. They are taking advantage of people.
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I'm aware of facts about the Department of Education misuse of federal funds. This department is guilty of stealing my identity in order to receive funds for their own benefit. Lying to students. About the program in order to get cooperation. They forged a promissory note with my signature being typed on such note. They dropped me after the first month of classes. This college I was attending knew that I had no high school diploma. I had failed ability to benefit test... They never let me see my score but signed me up anyway. I agreed because they said I don't need to sign anything. They never gave me any money or counseling for the entering or exit.
They did not explain why I couldn't attend anymore. When I submitted discharge applications I was ignored. They had said there was no record of my enrollment. They COMPLETELY ignore me now. However ten years later they are going to garnish my wages. I had other agencies contact them for comment like the BBB and FTC. They told them they never got my discharge applications. I mailed three and for three different reasons due to I qualified for all reasons listed for discharge. Please say you can help me or investigate my truthful statements of fraudulent practices of this Dept. of Education.
I have read the past posts. When you call the DOE you are actually getting employees of a call center supplied by a contracted vendor. They can't answer questions. Being on the outside, we can't possibly know this. Maximus Federal Services Inc is the vendor and they run every aspect of FSA. Doesn't matter what number you call, you will get a Maximus employee. They work off of a script. If you ask a question not on the script, they will dance around an answer and actually make something up. They don't offer anything because they don't know how.
All complaint departments are also run by Maximus. So essentially, when you complain, you are complaining to them about them. What kind of response do we think we will get. I have complained to every higher up with DOE and have gotten nowhere. All I can offer is, if you are in default and your loan is with the Default Resolution Group, you can sue Maximus in small claims court per FDCPA as they are not legally allowed to collect, maintain, etc debts as they are not bonded and registered with the state of Texas where they are located. Texas requires this. Everything about Maximus can be found on the Government Register.
I am having problems with student loans that are over 10 years old. The loan was not paid in the 1st year nor the 2nd year...and so on... Why don't the Department of Education have loans that can be written off after 10 years... Why do need a program that doesn't forgive the loan? The stipulations and the conditions are crazy and not conducive to the cost of living. And by the way, the cost of living is going up; not down.
I have my student loans paid off by a private company back in December 11, 2011 with the letter stated that these loan have been paid in full. I go every 4 to 5 years and without fail the dept of education sent me a bill to pay loans that are not mine. I have sent them the same letter so many times and they still have not closed my case. I spoke to someone. They claim that this loan went into default in 2013 which is impossible because I have not been in school since 2010 and said some name of school here in Houston that is not here and now am getting harassing phone calls from a student forgiveness center. I simply want my account closed in full and stop being harassed for a debt that is not mine. I have a very common name and these loans are not mine. This women won't agree with me and tell me am wrong and I need to pay. Am not pay for something that is not mine.
I started student loan rehabilitation in January 2017, I am out of Default and in an Income Based Repayment plan. Currently, my monthly payments are $0. According to my Loan Servicer I should have gotten my tax returns this year, but when I check my return status with the H&R Block app by connecting to the IRS it says my tax return is being denied to me.
My Servicer says they don't take my taxes so I have to contact the IRS, but the IRS documentation says they only take returns when requested by a Servicer. So who the heck do I contact? And is it even worth it, will I be able to get the $728 that will mean the difference to me of not having to return to living on the streets again or is it just gone for good? An answer would be appreciated as this isn't an exaggeration.
I filled out every form that applied to my situation and they still took my tax refund this year. I don't even obtain a high school diploma or GED so how am I liable for a loan that clearly didn't benefit me. This company see money and don't care that the money they are taking is to help pay debt and bills in their household. My opinion is that they shouldn't have the right to garnish somebody money until they can prove with evidence that they owe. I don't even have any record of this debt and for them to do this is not right but I believe in God and I pray that he works in my favor regarding my situation.
I applied for borrower's defense and should not have an offset, called treasury. It said I had no offsets. Filed my taxes. Still no offsets, where's my refund. Said my taxes was sent to my bank on the 22nd. Not there on the 24th. Looked again and it said I had an offset out of the blue. Call today. It's DOE call them. They should not be getting it but will take 2 months to get it back to me. REALLY.
I have been going back and forth with the US Edu for a week straight about how they never sent me a notice telling me I'm in offset. I have been in a repayment program since 2016. Stop paying then starting again in 2017. They told me that they sent me a notice I've never received in AUG 2015 then I talk to conserve that I go thru for my monthly payment and they told me I've been in offset since 2016 and that a notice was sent out THAT I NEVER GOT!!! They literally have took everything from me and my two kids on this refund and told me I can't apply for a hardship because homeless doesn't count as a hardship. I was playing on getting me and my kids on our feet this month with my tax refund. Now I don't any of the money nor do I have a job or place for me and my kids to stay. THANKS to them I don't know what I will do. I'm a single mother who really was counting on that money to help us get it together.
So they pulled every penny of my tax refund. I never got notice or anything. Last time I'd spoken with someone about consolidation they told me I HAD to pay half up front and that was that. I forgot about it after that honestly, until they pulled my tax refund. Right now, my family is technically homeless, which does not count as a "hardship" to try to get at least a partial return. How is that not a hardship? Also, found out that they did send me a letter... to an address I lived at 3 years before I even started school. That address was never on any paperwork. I don't know why they decided to pull that address out of thin air. THEY sent it to an address I never included on any paperwork, that I lived at YEARS before even starting school and yet it's 100% my fault I didn't get the paperwork they sent me? I'm sick of money grabbing government places not having to follow their own rules before they wind up stealing from us little folks.
The DOE claims to have sent me a notification of their submission to the DOT for my loans falling into default back in July of 2017. I NEVER! I repeat. NEVER received a letter of notification of such action. I had been in constant contact with the DOE since Thanksgiving of 2017 going through the process of setting up an income based repayment plan. I have been paying them consistently since December 2017. The day before my federal tax return was to deposit into my account I get a notification that my tax return is being withheld. Upon some intensive digging I found out from the DOE why. When I told the DOE that I never received any notification I was told and I quote, "Well, we show that the letter was sent so we're good on our end. It doesn't matter if you didn't receive it." ARE YOU KIDDING ME?!?
Upon speaking to the supervisor, I was basically told (in a much more professional way) the same thing. HOW IS THIS LEGAL?!? My wife and I were going to pay off so many of our debts with our return to get back on our feet, financially and the DOE and DOT has ROBBED that from us! It's absolutely INSANE and in my opinion, a COMPLETELY flawed system!
Department of Education is the worst, made payments to them then had to stop in 2013. Not only got divorced but was homeless and no job, they constantly harassed me then last year and this took 2000 from federal taxes. I'm still homeless and still cant get help because of them, I dont understand how a 1700 dollar bill isnt paid off and how I can still owe them. I need help. This isnt fair nor right.
I had some federal student loans by US Department Of Education. However it was paid off but they are still stalking me and harassing me to collect more money from me for a loan that has been paid off. They are trying to falsely take me to court and they use companies like Penske, U-Haul or Enterprise, Army, Navy, Air Force, Marines and police, sheriff, fire dept., ambulances and construction Dominion, Verizon, AT&T and Pizza Hut, Dominos, Papa Jhon's and many other such businesses private and federal to stalk me to still try to collect from a loan that is already paid off in full. They are abusive debt collectors and I want them to quit harassing me to still collect from a debt that has already been paid and all these companies to get a restraint order to leave me alone and I will have no choice but to inform my attorney in reference to this matter.
The United States Education Department has been fostering a dividing moral and hurting our communities through its inability to offer education at a price that is affordable with job security and benefits. Every state and its education system has several flaws which are never questioned or talked about in the public or judicial sector. There has been a lot that has been done to keep the rich more affluent and the poor struggling and hurting. I know that this behavior is in direct violation of our freedom of speech and freedom to pursue our happiness.
As an immigrant coming from a family of two hardworking parents who have pinched every penny to ensure that I, my sister and brother get an education while paying the mortgage, taxes, healthcare, food, and clothing; need to speak out about this. I have undergone and witnessed a rollercoaster of ever-changing laws, rules, and regulations that the Education Department and schools choose to build.
I remember what it felt like when I first started school, the freedom of expression, the challenges, learning to read and write, learning how to share and be kind and supportive of my teachers and building friendships. Which later turned into dull, repetitive routines, the fun-challenges turned into trivial test and sour faces with a desperate yearning for a path toward an internship, sponsorship, a fun job. This followed more examinations and scores of repeat lessons which claimed to guide us toward the right school and profession.
For my parents education was a priority and having come from a war and survived, they were thankful to be alive and used their energy by working day and night to afford the basics for our family. They put their trust into the education system and believed that it would guide us to a better life. Which was wrong, because as a graduate I can say that from elementary to high school it was the same, there were a few excursions, fun teachers and memorable moments. I could honestly say that it was a waste of both our taxes and the teacher's patience.
I will explain how critical this period is a little later, but in high school, I noticed a lot and kept a keen eye, ear, and nose out, while delving into the arts, reading up on many authors, and catching up on different cultures. I developed a love for speaking up for the truth and those silenced by was writing about the falsifiable histories published by groups promoting the saying "Don't judge a book by its cover" while doing just that to the human face.
This notion is what the college student undergoes every moment of the day, no longer are we set into a predetermined routine. In college my studies guide my routines, my work and research drove and expanded my passions, and my labor was its wheels and wings. As a student these notions I taught myself while the smirks of my teachers, peers and presentations/assignments became the force which made me question the entire system and how it was creating its own mistakes.
The Education system, its board members, its lenders and its borrowers are in clouds of forever thought; they have reached the pinnacle where they were philosophizing and prying off professors and students. Which in turn makes for comfortable professors and trusting students. This is where students lose an excess amount of money and time while professors, and board members, lenders, and borrowers all gather a large sum of money which is either put to good use or disappears.
This education system has created a form which makes it very expensive and difficult to earn a higher level of education, and it has monopolized the human brain and its abilities which is against our human rights. Our lives are very precious, and we don't have much time to enjoy each other's company or see new adventures and learn lessons that are not taught through repetitive notions. As humans, we can change a lot to better our race and make a heaven on earth if only we could get those who are in charge of social structures like the education system to adopt principles which help guide us from childhood to a happier and prosperous life instead of clouding our families and us.
Throughout my higher education, I have pushed myself through all the government war revved, religious and dangerous divides. Its ignorance showed through the marketing and televised nonsense that the country funds and kept my focus on learning about how to use my skills and abilities to help the young and the old through this while speaking out and writing about its faults. I've gotten many hateful messages and lots of backlash about the promotion of natural and conscious systems of social structures. It has been very challenging but from my experience speaking up is never easy and tears will fall when so many are blind to the unjust.
That is why as a concerned citizen and human I am writing not only to express my sorrow and sadness in the system but ask for help in fighting to improve this system. There are many ideas, notions, and abilities the United States Education system lacks to acknowledge, which in turn promotes a separation. I'm writing about all the people that are forced to take other actions that usually result in building and maintaining ignorance and the lack of community and motivation to help one another. This system promotes wars, and governmental divides instead of unity, handshakes, and the constructions of cross-cultural business and the improvement of life. I would love advice and support in fostering and supporting schools and programs that support healthy lifestyles for their students and families.
I feel if we recognize the schools, teachers, and business that are supporting a an education standard that supports discussion, culture, and fosters and grows talents, innovations, support systems and community outreach programs which help students and their families develop a better understanding we would benefit as a world.
This agency is horrible, charges a high interest rate, chase people as if they were murderers. After my son finished school he couldn't find work for years he had to serve in the military. I paid for my son school. They were not happy and trashed my son's credit to its lowest point of 1.6.
I am currently going through the nightmare of dealing with my student loan debt with the US Department of Education. I have recently become disabled and unable to work. I am on a fixed income of collecting Social Security Disability Benefits that took me nearly 2 years to collect to now have the government garnish my benefits. I do not get a lot of money and live with family as I am not able to financially live on my own. I have done everything the Dept. of Education has asked me to do thus far and they have had me jump through so many hoops to do all they require to stop the garnishment of my benefits and they are still be garnished. It is a never-ending nightmare dealing with this agency. The constant proverbial runaround has you beyond frustrated and there is absolutely nothing you can do about there is no place to complain. There is no one to govern them.
I mean does the government need money so bad that they are taking money from disabled people. Something needs to be done with the way they lie to you and have you calling 5, or 6 different phone numbers but all affiliated with the US Dept. of Education. I think they are all in the same room in the same building have a good laugh at everyone who calls them. Frankly I am done with all their mess. If I get another garnishment on my benefits they are going to have a situation.
I've had to defer and reconfigure my payments a good many times. US Education Department were flexible and understanding and helped me stay on track. I was able to stay within my own means and never default on my loan.
Yes, college should be free for all. These business's loan collectors, loan officers, and other entities are robbing the American citizens & the government is letting it happen for a % of the monies. It really hurts me that my own gov't. would do this to us. I can believe it. My own gov't. had me lose my housing, my car, my children, and my dignity. It hurts my heart that my own gov't. will sit back & have my credit messed up. That affects my housing, getting jobs & getting back into college but I believe my gov't. would do this to me for greed because my own gov't. Sat back & had me incarcerated because I'M a minority. Sat back & laughed at me while my children was placed elsewhere. My own gov't. so yes I believe my own gov't. would sit back & let its own American citizens attend a nonaccredited college & sit back and laugh at those that attend while the gov't. & banks steal our little bit of coins from their citizens.
The constitution says pursuit to happiness. I'M not happy but stressing & from stressing a person gets sick. Life, love, & liberty where how dare you how could you big gov't. wealthy bank owners steal from the poor & keep getting rich off our little coins. Lying, deceiving & theft by deception of your citizens shame on you Gibbs College, the big gov't., the big rich bank owners, the collectors shame on you all. Citizens of the United States we need to come together. Petition the courts, protest, and fight for more that we deserve like other countries. Many countries' college is free, health insurance is free, housing is free or low for all. We as American citizens deserve better. I pray for all of us in this universe. God bless all of us.
In 2012 my wife received 4 subsidized loans to further her education. These loans were based on attendance and grades. One of her lecturers did not keep an attendance record and as a result her loans were dropped and she was unable to finish her degree. These loans over the last 4 years were transferred to Sallie Mae, Great Lakes, Coast Professionals and finally consolidated through Performant recovery inc. With the promise that if we kept up our monthly payments there would be no issue with our tax returns. Well today we received a letter from the Department of Treasury stating our entire refund "expected this week" was being sent to the Department of Education Federal Offset Unit, we had no warning and believed the company dealing with us "Performant" had specifically advised us this would not occur.
I believe surrounding the attendance error we have a case with "borrower defense" for one. Secondly on contacting the Department of Education Offset unit we were told they had no record of Performant and only had loans showing with Coast Professionals?! We have a clear history of payments with Performant and were never once contacted by Coast professionals or any other loan company after starting with Performant in 2015. We received our tax return in 2015, and in 2016. Yet this year suddenly we are losing our lifeline with no warning and no breach of repayment?! I have a car broken on my driveway and rent due, a 7 year old child and no way to travel or quickly resolve an obvious government or loan company error. What can we do to stop this theft and false/misleading practice by our government and it's lending company's. My family is on the street in less than a month from this post due to this fraud.
When calling the offset line to see if we had any offsets, due to being offset last year for a tax debt. We found out that the DOE was offsetting our taxes. They sent no notice to us, nor did they even tell us our forbearance didn't go through and our debt was sent to collections. Now, we find out our entire tax refund is set for offset. We went into rehabilitation when we found out about this, yet, they still say they're taking our taxes. We asked about hardship and they keep giving us the runaround on that as well. We have filed a petition on whitehouse.gov asking that the DOE send notifications by certified mail. If this is also happening to you, please feel free to sign the petition too.
My review is to express frustration and let others know they are not alone. Additionally, I hope my review helps those who might be considering to take out assistance called student loans. My debt has grown to a gigantic amount of 250,000 dollars. I would say that maybe 100,000 of that is actual principal. The rest is interest that has accumulated over 28 years. I am in the REPAYE program and recently was switched over from Navient to FedLoan Servicing. I thought Navient was bad but FedLoan is worse. My loan transferred and not without a lot of drama. Case in point: The loan wasn't transferred correctly and I couldn't make a REPAYE payment because they didn't transfer it correctly. They finally admitted after two months that they had made a mistake. They gave me 12 days to pay the two months of payments if I wanted it to count towards my loan forgiveness.
Additionally, they did not transfer over a payment from NAVIENT as they claim it was 5.00 short. They forgot to add the money in and they have been informed. I called them to figure out a payment plan to get the two months of payment worked so I could have a chance to come up with the money. I was told no many times. The phone person even said to make a payment every week until it was paid for. When I became outspoken, the phone attendant started adding on more requirements in order to get the two months to count towards my loan forgiveness. When I asked for everything to be put in writing I was told they didn't have to. I said that everything needs to be in writing and they told me that they could call me. Finally, after the payment day came and went I received a letter that wasn't nice at all. They cited a department of education rule that they could call me. I researched that rule and found that the rule is only for those in default.
My loan has never been in default and payments were current. I cited the fair credit debt collection and explained to them that everything has to be in writing. As far as I am concerned they lost their phone privilege with me. I frankly don't care if I am in the grip of servitude. The loan servicer nor the department of education own me. I feel that my 13th amendment rights have been violated. I live in fear of the consequences that I am told over and over, from the department, the loan servicers, news articles, that there will be legal consequences if I don't pay on the student loan. Everything from wage garnishment, tax offsets, lawsuits and being sued. How am I supposed to fight this monster that I can't get away from. I have called lawyers but no one will take on this case even if I feel my credit rights or loan payments are not properly applied.
Anyway, over this last incident, I have realized that the department of Ed nor its servicers are really interested in seeing people not succeed in paying of loans or receiving forgiveness. I figure that because of the misapplication of loans or going into programs it takes off 3 months a year. This applied over 10 year is 30 months which adds on additional 2.5 years. Not to mention that over 10, 20 or 25 years life events come up that force one into forbearance. This ends up accumulating more interest and adds time toward the loan forgiveness. So unless your lucky student loan forgiveness of 10, 20, 25 years can turn into a lifetime.
The department of Education has figured all this out. The government actually uses money loaned to students as an asset. They like anyone else try their hardest to protect their assets. They make close to a 100 billion a year in interest. My story is a lot longer than this but hopefully this is enough to to help others to not feel so alone and to think before taking money from the department of Education. The money they give is predatory and leads to no good.
I had to deal with US Ed Dept (ED) many times and they are very corrupt. First, I filed a Borrower's Defense when a college ripped me off by not teaching required accreditation content. It was rejected on the technicality that I was not offered Direct Loans at the original institution. I was never told that consolidating loans would disqualify me from filing the defense. I complained to ED and they did nothing to ensure the college taught the material and to protect the public from graduates who didn't learn the material. When I became disabled ED caused my discharge to be delayed by not responding to a paperwork request from Nellnet and forcing me to refile six months later. Finally, they allow colleges to lie by underreporting their student loan defaults. They only count loan defaults during the first two years of repayment.
I had my federal income tax withheld because it was said that I was in default that was only after the fact that I file my taxes. However at that time I was already having a hardship. Thus I had to file a hardship letter with the Department of Education. I filed it April 11th are they received the April 11th and I had to keep calling and calling. I then found once they sent the checkout it was only a partial check for $550. With that being said that was not part of the hardship. I don't know who makes that decision but that was very wrong which leaves me in deeper hardship than before my family becoming homeless. We lost everything.
This was a very hard slap in the face by a branch of our government. With that being said I didn't have a partial hardship, I had it hardship none the less. They ended up keeping the other $7,300 that was my other part of my tax return. It's unbelievable that they can do it upstanding citizens like that and put them in a greater hardship than what they was already in. I'm very unsatisfied with the Department of Education and the way that they have done my family and myself.
All FFEL student loans should be discharge immediately. US Department of ED never informed FFEL borrowers that they can ask to have their loans discharge if school they attended violated law. An FFEL Program borrower who alleges that he or she has Defense against repayment of his or her student loans because of some action or failure of the borrower's school may present his or her arguments to the Guarantee Agency or US Department of ED during the collection process. 34 CFR 30.24 and 682.410(b)(5)(ii)(C) and 682.410(b)(5)(vi)(I).
The problem is that US Department of ED violated federal law 455(h) Section of Higher Education Act (HEA) required that the Department of Education define by Regulation which acts or commission of the school constitutes defenses to repayment of the student loans. US Department of ED never made that Regulation which was required to make based on 455(h) HEA. US Department of ED never defined by Regulation which acts or commission of the school constitutes defenses to repayment of the student loans.
Another problem is that my (American Student Assistance ASA) and all others guarantee agencies violated Law 682.410 b(5)(vi)(I) by NOT including pertinent information in the notice they sent me (and to millions of other FFEL loans borrowers) specifically neglecting to include (the) description of the grounds on which the borrower (me) may object that the loan obligation as stated in the notice is not a legally enforceable debt owed by the borrower.
ALL guarantee agencies violated federal law, Title IV and ALL FFEL borrowers Due Process Rights. Law 682.410 b(5)( ii) states "The guaranty agency, after it pays a default claim on a loan but before it reports the default to a consumer reporting agency or assesses collection costs against a borrower, shall... provide the borrower with - C) An opportunity for an administrative review of the legal enforceability or past-due status of the loan obligation;[...] Law 682.410 b(5) states:(vi) The notice sent by the agency under paragraph (b)(5)(ii)(A) of this section must...(I) Describe the grounds on which the borrower may object that the loan obligation as stated in the notice is not a legally enforceable debt owed by the borrower.
An FFEL Program borrower who alleges that he or she has Defense against repayment of his or her student loans because of some action or failure of the borrower's school may present his or her arguments to the Guarantee Agency or US Department of ED during the collection process. 34 CFR 30.24 and 682.410(b)(5)(ii)(C) and 682.410(b)(5)(vi)(I)
The notice sent to borrower should have, according to the above, information that borrower (me) have the Right to file Defenses against repayment of the student loans when school violated law, or/and because "of some action or failure of the borrower's school". None of the notices sent by American Student Assistance (ASA) do not even mention that I had a right to file defenses against repayment of the student loans when school violated law or/and that I had a right to file defenses against repayment of my student loans because of some action or failure of the borrower's school and that I may present my arguments to the Guarantee Agency or US Department of ED during the collection process.
Some important information: Any lender holding a loan is subject to all claims and defenses that the borrower could assert against the school with respect to that loan. 682.209 (g). 682.609 (a) The Secretary may require a school to repay funds paid to other program participants by the Secretary. The Secretary also may require a school to purchase from the holder of a FFEL loan that portion of the loan that is unenforceable. The repayment of funds and purchase of loans may be required if the Secretary determines that the payment to program participants, the unenforceability of the loan, or the disbursement of loan amounts for which the borrower was ineligible or for which the borrower was ineligible for interest benefits, resulted in whole or in part from - (1) The school's violation of a Federal statute or regulation.
FFEL master promissory note did not contain the key information that would assist me and millions of other borrowers in asserting a defense against repayment of student loans in the instance, the school in question, violates the law. FFEL master promissory note did not include extremely important applicable law. The Department of Education, along with the guarantor(s) both failed to notify me (and millions of other borrowers) of my (and others) due process rights in establishing the grounds for defense against repayment of FFEL Loans when college violated the law. For OVER 20 YEARS the US Department of ED FAILED to inform borrowers of their legal due process rights.
Addition to that, Middlesex Community College in Middletown, CT grossly mislead me and thousands of other students by incorrectly informing myself and others in 2005-2006 official Middlesex Community Catalog in the "Financial Aid Information" section (page 36, top page) that Stafford Loan (FFEL) can be discharge ONLY if borrower becomes permanently disabled, or if he or she dies. The keyword to the note is "ONLY". This is not a violation by omission, but by deliberate misrepresentation of fact and deception.
The last time I attended college was in the Spring of 2006, 10 years ago! By incorrectly informing me that Stafford loans can be discharge ONLY if borrower becomes permanently disabled, or if he or she dies, Middlesex Community College at the same time withheld information from me that I can ask to have my student loans discharge (cancel) if my school violated law. I found out about that law sometimes in April 2015.
At the time I found out about that law, time of limitation to investigate college by US Department of ED already passed. Unfortunately, there is no time of limitation on student loans. Fortunately, there is no time of limitation until when borrower can file defenses against repayment of the student loans. Problem is, how after 10 years borrower can obtain documents to support his or her defenses. ONE WAY, OR PERHAPS ONLY WAY, BORROWERS CAN OBTAIN THOSE DOCUMENTS IS BASED ON FOI REQUESTS (if school still have any documents). All FFEL student loans should be discharge immediately because US Department of ED does not have any longer power to investigate college and schools do not have any longer student's file. Borrowers can ask US Department of ED Secretary, honorable Secretary King for help.
MY STORY SHOULD FRIGHTEN EVERY PERSON OUT THERE WHEN DEALING WITH THE US Dept of Ed, Federal Student Aid or their Default Resolution Group. I have a very unique case I am battling with the US Dept of Ed. Anyone having a dispute with the US Dept of Ed... NEEDS TO READ THIS CASE!!! I can back up everything in this statement with documents and I am no longer after a discharge... I'm after justice. I believe the pursuit of this debt against me, which I did not borrow for, actually shows every indication of loan deception by the US Dept of Ed and other affiliated Federal Guarantors and other enlisted affiliated agencies. There are 3 loans involved. The first 2 were when I was a minor child in 1986 and 1987, and a consolidation that was done in 1996.
What I have found out was in fact a very clear documented trail of loan deception and I currently have submitted a formal complaint to the Department of Justice and also filed to the Consumer Federal Protection Bureau. The two original loans, I believed I had applied for Pell Grants. It wasn't until 1996 after I went back to school in 94/95 that the US Dept of Ed contacted me regarding the past debt. I never denied attending this school, and it was my name, however the SSN was not mine. After much discussion, I agreed to cooperate. I had no reason to mistrust them. I cooperated fully to include signing a promissory note to "get the process started" and I had 3 good faith payments made. I was told not to worry about signing the promissory note with the incorrect SSN, as they couldn't change it, they would have to find out why and get it fixed.
Let me tell everyone one vital thing about this. The promissory note, when signed in Feb 1996 did NOT have any lender name or their terms listed on it. At the top of this promissory note also uses the word application. You must understand, the US Dept of Ed did NOT front this money. This was a consolidated loan. The money would have to be borrowed directly from a lender. The US Dept of Ed told me the SSN and everything would all be fixed by the time I received the lender contract. The lender was their own solicited lender. But I had two demands. Demand 1. I must have the proof of the original debt. Demand 2. If valid, the consolidation MUST be under my correct SSN or I would not consolidate. I was assured this was not a problem.
In April of 1996, I received the contract from the lender and was dismayed and suspicious that it too was under the incorrect SSN. What lending company doesn't even so much as run a simple credit check on that SSN? It is their most basic fundamental job. I never received the proof either as directed (and you will find out why if you keep reading). I retracted from the consolidation. I contacted the lender and told them I was not signing and returning their contract and why. I never heard another word... from anyone. In 2003, this debt was placed on my credit reports under the incorrect SSN. I submitted a formal credit dispute and it was not validated to be my debt. It has been off my credit reports since 2003.
Fast forward to 2015 and my federal taxes were offset by the US Dept of Ed... For a consolidated loan I didn't even know existed!!! 20 years... they waited 20 years to pursue this debt and it is my allegation that they did so as an attempt to leave me in the most defenseless position I could be in. Well defenseless I'm not, and I knew as fact I never borrowed for that consolidation. Problem was every time I spoke to the US Dept of Ed by phone they actually had the audacity to tell me it was my problem if I didn't keep the lender records, they didn't require them. I was in a panic because of course by the time my taxes were offset... the lender had folded. It was my persistence for such records, but I ended up getting two documents that tied it all together.
Those two documents were... On the New Jersey Higher Education Pursuit activity sheet it actually showed the lender was allowed to bypass what is called the Lender Reimbursement Claim form. This is the form the lenders use when filing their case for reimbursement. It also lists requirements and documents that must be submitted. And now I understood that despite all my written requests for the records... the US Dept of Ed never wanted to acknowledge in writing the missing lender or their contract. Once the light bulb went off, I started disputing how the lender was allowed to bypass this form, how this lender never proved I defaulted, how they never even proved I was every their borrower or they were ever my lender and yet this debt was settled. What I got in return was a letter on May 2015 that if I didn't pay on this debt they would continue to garnish me, including that of my paycheck. I consider this extortion.
Not only that. This letter came with an excuse that wasn't even legally accurate reasoning. The US Dept of Ed refused to acknowledge this missing lender in writing. When I disputed the legality of their rejection reason in June 2015 and again persistent in them not having the legal proof I owed this debt, they rejected citing their decision stands and that they gave me everything in my case file. It was then that I contacted the Office of Inspector General in July 2015. After sending in statements I finally got them to send my case over for a high priority review and investigation for Federal Student Aid to conduct. And finally I found out the truth about it all.
But when I received the report from Federal Student Aid on Jan 21 2016 I was stunned... literally... on the outrageous and flat out blatant falsification of its content that it prompted me to now deem this as a criminal and a civil violation of my rights and filed a formal complaint to the Department of Justice. I also did a formal rebuttal against the report and filed it back to Federal Student Aid, the Office of Inspector General USDE, the Department of Justice, and I am getting ready to file it to my local attorney general's office. Every single one of these loans are missing a lender. No lender equals no lender every claiming that I ever defaulted on a loan. Yet these debts were settled despite this. So let me give you the facts and you can understand exactly how this happened as to why there are no lenders.
In 1986 and 1987... while I was a minor child the SSN was actually changed on the promissory notes not just on one loan... but BOTH that were a year apart. It is my allegation that Higher Education Assistance Foundation, the Federal Guarantor of the loans actually physically altered the promissory notes and re-wrote a different SSN on the actual promissory notes ABOVE MY CORRECT SSN!!! Yes folks you read correctly. This was NOT a clerical error here. It is my accusation that HEAF conjured a Lender Reimbursement Claim form to make it "appear" as if these loans were serviced by a lender but never were. There is not one single document to validate this form. The lender that is on the promissory note simply vanished. It is my belief that due to the changing of the SSN, HEAF either did not send these loans out to be serviced, or the lender actually refused to serviced them because of that change... either way HEAF was stuck.
While I am not a lawyer I firmly believe this debt was legally non collectible. The 1986 loan is not even signed by any lending authority either. If it is not signed, it is not valid. Basic contract law. To this day the US Dept of Ed refuses to prove what SSN those funds even were... but tell me verbally that I received funds that funded my schooling. Regardless, I gave all of us a chance in 1996 to fix whatever mistakes we all made. Me for my misunderstanding what I applied for, and the US Dept of Ed for the incorrect SSN. But what happens next is such a grave injustice. It's an outright travesty. Before I move on... when it comes to the original loans. My SSN was physically changed while I was a minor child and my documents actually altered. HEAF was the only source that could have done so, and did it over TWO separate loans.
One loan isn't even signed and they were SETTLED as if they were LENDER DEFAULTED CLAIMED LOANS. This was NOT and that is a fact. Yet, the US Dept of Ed pursued this debt as if it was. Now perhaps you can understand why in 1996 why I never got the proof... just what were they going to send me... my manipulated documents? Now when it comes to this consolidated debt, EVERYTHING is missing. Again we have a missing lender. And just you wait until you read what was done to me regarding this loan. The lender – not one single legal trace of this lender exists not by actual document and the promissory note. If you remember I stated I signed in Feb 1996, retracted in April of 1996 and guess what... a STICKER. YES A PRINTED STICKER BY THE LENDER was attached in May 1996. I am also disputing the legality of this so called "sticker" as a non legal binding way to sign a legal contract.
And when I mean just that... it is fully typed. It is not authentic as a signature. It's as typed as this statement is. Now we fully understand why no aspect of the US Dept of Ed wanted to talk about the lender in actual writing or my missing lender repayment schedule. The promissory note outlines that the repayment schedule is the contract to be honored. It was not even in existence when I signed the promissory note and retracted before one even existed. No payments were ever made on the actual consolidation. After writing the OIG's office I found out that there are service lender records (you know – after telling me twice in writing that they gave me my case file in full and refused to acknowledge my submitted FCRA which is federal law to comply but they didn't).
Again, now I know exactly why they tried to withhold those records. NO LENDER. The servicing lender shows they received outside claim but not by who and NO COPY of this claim. So just how were they able to service this loan? Not one single trace of anything remotely of a repayment schedule exists. In the federal student loan investigation instigated by the Office of Inspector General USDE, actually changed not only my allegations but the document reference as well. The Federal Student Aid changed the document Repayment Addendum instead of the Repayment Schedule (the very contract that actually borrowers the funds from the lender... the one the promissory note outlines) ...as the document I did not sign and return. The repayment schedule was mentioned far too many times both verbally and in written manner to have such a grievous oversight of the incorrect document.
Oh and the Repayment Addendum that they do use to "uphold" the debt isn't even the correct lender. Nope. In fact it took a FAKE forbearance to generate a new Repayment Addendum to correct the lender name and of course if you have ever done a forbearance then you know that those letters require to be signed by the borrower and come directly from the lender. They are also required to be maintained and submitted by the lender upon settling for default. So again the one thing that would prove either myself or the lender's involvement is of course and I'm sure you've guessed is MISSING!!! The servicing lender records were never submitted by the lender via the lender claim form so I am citing that these records are non legal to use as claim for default.
There is no proof that the lender even requested this servicing lender to even service the loan on their behalf and the lender never directly claimed these documents either. They are moot. So I am dealing with my federally protected SSN number abused/misused 4 times through this 30 yr trail like a game of ping pong and having it changed when it suited the US Dept of Ed to do so. Missing lenders... no lender ever claiming I defaulted on their loan directly which is the ONLY reason the US Dept of Ed should have settled it in the first place. Falsified notations, unsubstantiated notations.
Oh... and New Jersey Higher Ed who got it from the US Dept of Ed shows they pulled my correct SSN in 2001 and in 2003 they received my formal credit dispute. In that two year time frame the only thing they do is send out two letters to OTHER addresses that wasn't even what they pulled in 2001... given my unique spelling of my first name. What they got that was VOLUNTEERED by me in 2003 which matched EXACTLY in what they pulled in 2001! ...New Jersey Higher Ed actually falsifies that they didn't have that address on file which they did since 2001! I can prove they spent more time actually evading me than to contact me. Right up until the lender was gone. I had my refund stolen on a debt that has no lenders. I had my refund stolen on a debt that was removed from my credit report in 2003 because they didn't validate the debt as mine!
The pursuit trail stops on the notations of receiving my credit dispute... it returns back to the US Dept of Ed in 2005 where it sits for an additional 12 yrs. So these loans have gone through HEAF, the US Dept of Ed, New Jersey Higher Ed... These "lenders" that they solicited back to New Jersey and back to the US Dept of Ed right back under the same incorrect SSN for a total of 28 years. Despite the fact they had the correct SSN the ENTIRE time... despite the fact that I had a mountain of other documents from my rightful and PAID OFF loans from my education in 94/95. The promissory note that the US Dept of Ed crammed down my throat until I practically choked on it this past 1.5 yrs since this battle started.
I am INSISTENT is a non legal binding contract and has been VOID for 21 years! Void because of the sticker placement. This is not a legal way to authenticate a legal contract. And because it is being used in by illegitimate claim and by deed of lender claimed default... when there isn't a single shred of proof. No, this lender that was secured by the US Dept of Ed in 1996 was allowed to waltz through this ENTIRE debt from beginning to end without having to prove a single thing. Not by direct letterhead document, not by a copy of the repayment schedule... they didn't submit it. The servicing lender doesn't have a copy... yet were able to service this loan without it. New Jersey Higher Ed never had a copy. The forbearance letter missing. The actual Lender Reimbursement Claim Form is missing and actually NOTATED that it was bypassed... so it was not a mistake or oversight and they did nothing to rectify this.
And most importantly... the way these debts were 'settled' was a violation of my civil rights. PERIOD. So I bet by now many of you are wondering why I am still fighting this debt. GOOD QUESTION... something I hope the Department of Justice gets to the bottom of. While I cannot get justice for what happened with these loans 30/20 yrs ago... I believe I have the grounds for this current pursuit. Withholding my records, which is provable multiple times. What I feel was extortion after I brought up the issues with the missing lender and the bypassing of the lender claim form. I am even claiming the Federal Student Aid who told me during the phone interviews that they were getting assistance from the Office of General Counsel of my case file. I am firm that it was to mislead me into believing they were going to address the legality of all the issues with these loans.
Their report does not notate this and I am insisting that these calls may have been recorded. I have challenged the Federal Student Aid in my Feb 2016 report which I backed up with documents and fact to PROVE me wrong and I challenged them to PROVE that the Office of General Counsel backs their report and finding based off my case file... silence of course because they CAN'T. Another thing I have asked the Department of Justice to investigate. There is NO WAY the Office of General Counsel can back that report against my documents in my case file AND my allegations of the legality of the lender and the promissory note. And here I still sit twiddling my thumbs. You see, Federal Student Aid not only now has to explain their current pursuit... but they have to explain why they not only have to discharge the consolidation loan but the underlying loans as well.
I am firm in my stance that the Federal Student Aid is now trying to not only cover up their current pursuit... but to cover up the past actions their pursuit stems from. Liability. Well they should have thought about that before they thought I was too stupid to understand what they were trying to pull. They just thought they had me by the thread on a hook by what they deemed as the worse position to be in... completely and utterly defenseless. In a nutshell, they just didn't think I could but this case together... and now they are all back-peddling. Silence is the best defense to them at this point. So let me warn you all right now. They will do EVERYTHING they can to manipulate you. They will even threaten you as they did me. They will reject using excuses that have nothing to do with nothing. They will use word manipulation in their rejections.
And remember one thing...they don't have to do ANYTHING until they are forced to do so. They thrive on backing people into a corner... and let's face it... not that many attorneys out there that handle these types of cases and it does NOT help when everyone harbors the attitude that because you sign a promissory note you owe it. THAT IS NOT TRUE. They are only the GUARANTOR of a loan and they are in full knowledge of this fact. So in my case, what loans?? WHAT LOANS?? There are no LENDERS to my loans. All I see is a 30 yr long trail of loan deception because of them doing everything they could to rectify HEAF's gross negligence in changing my SSN when I was just a kid. When they lost my cooperation because they REFUSED to provide the proof AND correct the SSN (I guess they expected me to commit fraud to pay a debt they didn't want to prove at that).
They pushed that loan through behind my back without my knowledge or consent and then waited.... waited 20 years. I was not hard to find here folks. My last name never changed. I worked and lived in the same place for this entire 20 yrs that matched what they pulled in 2001! This wasn't about a debt pursuance. This was about crushing my rights so badly to only say that I owed it and there is a difference. This is an absolute travesty. My advice is, if you are ever in a position like mine they are NOT giving you your records... they are NOT addressing your concerns but denying your disputes with ridiculous excuses that doesn't address what you are even disputing. Contact the Office of Inspector General USDE and insist on an investigation. It took me writing 3 times. Yes...
I was SERIOUSLY misled in the FSA investigation I got, BUT it wasn't for nothing... now I know exactly what they have, what they don't and more importantly what they never did. Now I fully understand why those records were being withheld. Now I'm after justice. If you did not do a loan... and you know for a fact you did not, and you aren't getting anywhere... the FIRST STEP is to find out what THEY have on file and from your lender if they are still viable. The US Dept of Ed seems to take their sweet time... 20yrs in my case. If you are getting the runaround go to the OIG's office. If you get your copies and you see missing information, fraudulent information but they still insist you owe it then contact the Consumer Federal Protection Bureau and MAKE SURE when you do, you know exactly what you have and make sure you submit it and make sure you are very detailed.
Hi, my name is Annet. I got student loans a while back to go to school when I was pregnant. I filed for LOA but never was taught that I had to get myself off that or I go into default. Well I went into default about a year ago not even. Well anyways when I went to do my tax return I was wondering what the holdup was on my refund. Well found out that I had an offset. To be honest I never even heard about an offset ever till that day nor have I received any letter about it. So I took it upon myself to call the US department of EDU to see what I can do to stop the offset because I’m a single mother of two and on welfare. And I had planned on my refund to get us a place as my lease was up at the time and me into a car because I was in a bad wreck last year where I lost my vehicle.
Well they told me they sent it off to collections so there is nothing they can do to stop it. So then I proceed to ask them "how much did I owe?" They said 4446$ in student loans. Well that is what I expect them to take out then finding out I accrued interest and fees and fines and such so they ended up taking out a total of $4874.36 which is well over what I owed the loan itself. So I’m like Cool my loan should be paid off by now because I was getting back from my refund before the offset $7791 dollars so any fees or charges or anything should have been taken all out at once.
Well that apparently wasn’t the case. I needed to go back to school so I can get my Teaching License to be able to start this fall as a teacher in Hillsborough County. Well I get an email stating that I’m still at default. I was blown away because I didn’t understand how I would still be at default when I paid my student loans off (so here comes the discrimination from the department of EDU).
So I called the Department of Education Yesterday 05/05/2016 and got a rep on the phone. Off the bat didn’t sound professional at all but hey that’s not my problem. So anyways I spoke to her in a nice calm manner to figure out how to handle this situation of me being in default. I asked her "how am I in default if you guys already took everything I Owed you?" She said because I still owe $119 dollars.. I asked then "why didn’t you guys just take that with the almost five grand that you took from my refund Or at least send me a letter stating, 'Hey Mrs. Torres your new balance with us is 119 dollars and after that is paid you will be lifted from default status.'" She got all rude with me and was like, "Well you have three options. You can pay for school out of pocket or don’t go to school till it's paid or pay the 119$."
I told her flat out I don’t like those options as I have no money. I’m homeless right now trying to start a career being a teacher and take care of my two children. Little by little I’m getting there. I wouldn’t have been homeless have you if I would have gotten my full refund back. Anyways so then I proceed to tell her that as per a Lawyer I consulted with, they are supposed to send you a letter stating they are taking an offset so that way, if you need to fight it, work out a deal to settle without touching your refund, you are able to do so. Well I never got that letter and like I said previously I only found out the offset from IRS when I called them to figure out why my refund was taking forever but I would like to speak with a supervisor because I need to clear this up.
She then states on the phone mind you a recorded line "we did send you a letter btw in December." So I said "where did you send that letter?" she was like "St Petersburg" so then I said "Where in St Petersburg?" She then says "Somewhere in St Pete." I’m like yea exactly so I came back and said "Regardless if you all sent it or not, you did not send it to me because I had a legal documented lease that states I was residing this apartment complex since Feb 2015 to March 2016. But anyway let me speak to the supervisor." So she sends me to the supervisor. So I asked him the same thing and he broke down what I owed so here it goes.
So I owe 95.20 to Principal (which to me makes NO SENSE why didn’t you just take that out my refund with the other almost 5 grand you took). .92 cents in interest so I owe now 96.12 so I asked "where does the 119 dollars come from?" Then he said "Oh 24$ goes to collection fees." I’m like, "Are you kidding me? So pretty much you guys left me enough to not get out of default but to gain interests so if I wasn’t paying attention to my school loans I would pay another offset next year." So he started to get sassy. Mind you he is a SUPERVISOR OF THE DEPARTMENT OF EDUCATION. He told me flat out, "Well if you can’t afford to pay for school then don’t go to school then."
So I was shocked to hear that from him so I redirected him and was like, "So that’s the message you want to give our kids in this world. Oh can’t pay for school, no education for you. That’s the message you want to send out?" He said "Yes" and hung up on me. I was blown away. You're probably wondering where the discrimination comes to play. Well I feel they were being racist to me as on the phone I sound like a proper country ** girl. Trust me I hear it all the time. Well what’s funny is I’m Hispanic not ** at all. I have no accent because I’m from Florida raised here and I’m sorry to say but the REP and Supervisor was **.
I feel I Deserved to have been listened to with my concerns and maybe helped with options so I CAN go to school and pay whatever is needed in small increments but they didn’t want to hear what I had to say. I know it’s a lot to read. I will file a formal complaint with an attorney and all the news stations in the area to get my story heard. I was treated unfairly and to tell me not to go to school because I can’t afford it was downright a disgrace not everyone is BORN RICH sorry we all struggle.
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