This company is not yet accredited. To learn more, see reviews below or submit your own.
Keep an eye on your inbox, the lastest consumer news is on it's way!
A link has directed you to this review. Its location on this page may change next time you visit.
The DOE are legal thieves. Do not get student loans ever. Schools help the Department of Education and student loan servicers rip students off. No one tells you that you will pay interest on top of interest and fees on top of fees.
Allowed my ex-husband to forge my name (unknowingly) on consolidation and when I challenged they said he could do it. I had no option. Was paying on loan and they quit taking my payments and sent back my last payment, then sent my loan in to collections.
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.
- 1,821,174 reviews on ConsumerAffairs are verified.
- We require contact information to ensure our reviewers are real.
- We use intelligent software that helps us maintain the integrity of reviews.
- Our moderators read all reviews to verify quality and helpfulness.
For more information about reviews on ConsumerAffairs.com please visit our FAQ.
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.
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.
US Education Department Company Information
- Company Name:
- US Education Department