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Letter to Sallie Mae - Intent to Sue - Review for me please?!


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#1 brucet3

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Posted 27 May 2011 - 12:59 PM

Below is my letter to Salie Mae. Can someone in the know, review it for me and tell me if I'm on the right track. This purtains to old information that should have come off of my credit reports about 3 months ago.

Instead of the First Date of Delinquency 3-2004, Sallie Mae is trying to go on the date of Charge-off
1-2006.

I've called and called and wrote letters but these folks won't listen. I want to get tough with them,so I've files an FTC Complaint and a BBB complaint. Not sure what else to do.

Thanks Guys,

Bruce


----------------

RE: Student Loan Tradelines being reported on TransUnion, Equifax and Experian are over 7 years old from First Date of Delinquency - please remove them.

Supporting documents enclosed are: Copy of FTC Complaint # 30797091, Completed BBB Complaint Letter, Copy of 3 major Credit Reports showing FIRST DATE OF DELINQUENCY, Copy of FTC Opinion Letter from 1998 showing when First Date of Delinquency begins.

Account # 96596037281xxxx:

- Loans 0001 ($2,625) & 0002 ($4,000) - Opened on November 2002.
- Loans 0003 ($3,500) & 0004 ($2,666) - Opened on May 2003.


Consumer Advocate Rep.,


This is my third letter to Sallie Mae (and quite possibly 10th phone call). My second letter was ignored and I was sent back a robo letter giving me no information what-so-ever about if my issue was ever even investigated or not. I genuinely am hopeful that we can come to an understanding, and take care of this dire, harmful and seemingly willing misreporting of information to the credit bureaus, in accordance with the law.


Brief History

I enrolled in a private college in Oct 2002 and took out several loans with Sallie Mae 9 years ago (thanks to the loan I now have a great career so thanks for that for sure). I opened two loans in November of 2002 and two loans in May of 2003.

In August of 2003 I dropped my classes due to an illness in a dearly loved one (I cared for her in her last months) and never returned to classes at Westwood College.

According to records (Westwood College Financial Aid @ 708-832-1988) at Westwood College, Sallie Mae was informed of my non enrollment (in September of 2003) and at that point the clock started ticking on the 6 month hold/grace period (see highlighted original loan document enclosed) of when my payments would become due.

Suffice to say… I didn’t pay and the loans were charged off and given to the guarantee agency (Cali Student Aid) for collection.

Through CSA I rehabbed my loan and it was assigned to the Department of Education who it is now with, reporting all nice and shiny on my major credit reports (from both the Department of Ed and CSA).

What I am asking for.

I am including my credit reports so that we can both have the same information.

According to the FCPA, negative information on a credit report and only be reported for 7 years from THE FIRST DATE OF DELINQUENCY. I dropped out of school in August of 2003. My first payment was due, 6 months from then. I didn’t pay it (yea I know stupid). Which means my first late payment was 30 days after that.

So if you follow me:

August 2003 (drop out date) + 6 months (grace period) = ~February of 2004 (First Payment Due)

February 2004 (first payment due) + 1 month = March 2004 (30 days late or First Date of Delinquency)

March 2004 (First Date of Delinquency)
+ 7 Years FCPA Limit on Negative information = March 2011 - the date this negative and damaging information SHOULD HAVE BEEN REMOVED permanently.


My Request

I’m not asking for special consideration, just that the federal law (FCRA, FCPA and FDCPA) of the United States be applied to my situation fairly.

This negative information is more than 7 years old and though it hasn’t been reported for 7 years, the FIRST DATE of DELINQUENCY is older than 7 years old (you find enclosed a letter from the FTC highlighted to show the US Governments FTC opinion on WHEN the 7 year reporting rule begins).

I am asking that these negative accounts be removed from my credit reports at once or I will have no choice but to file a lawsuit against your company, with prejudice and for damages. If you don’t correct this mistake I will sue Sallie Mae (and win) for willfully and shamelessly causing damage to my credit report regardless of the LAW for the reasons below:

WHO WHY Precendent/Law Fine

Creditors if they report your credit history inaccurately Defamation, financial injury US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan Extent of damages incurred by the wronged party as deemed by the courts
Creditors, if you dispute a debt, and they fail to report it as disputed to the credit bureaus Protection under the FCRA FCRA
Section 623. $1,000
Creditors or collection agencies, and credit bureaus if they try and “Re-age” your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer Consumer protection afforded by the FCRA FCRA Section 605
© Running of the reporting period $1,000


You have 5 business days from receipt of this letter to reply. I will not accept anything short of my rights under US law, which is removal of ALL NEGATIVE information of all major credit reports that you have recently verified to the credit bureaus. This information is clearly older than 7 years. If anyone would just give it a cursory glance they would see it. This is a case that I would easily win in court, but I do not want to do that if I don’t have to – I just want this outdated, obsolete, and inaccurate information removed from my credit report forever.


Thanks,

Edited by breeze, 27 May 2011 - 01:03 PM.
deleted personal information




#2 CB Owners

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Posted 27 May 2011 - 01:03 PM

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#3 breeze

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Posted 27 May 2011 - 01:05 PM

Be careful posting documents or info from documents. This is a public board, you don't want to broadcast your personal business all over the net. ;)

#4 hawk3254

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Posted 27 May 2011 - 07:23 PM

I say go for it


Below is my letter to Salie Mae. Can someone in the know, review it for me and tell me if I'm on the right track. This purtains to old information that should have come off of my credit reports about 3 months ago.

Instead of the First Date of Delinquency 3-2004, Sallie Mae is trying to go on the date of Charge-off
1-2006.

I've called and called and wrote letters but these folks won't listen. I want to get tough with them,so I've files an FTC Complaint and a BBB complaint. Not sure what else to do.

Thanks Guys,

Bruce


----------------

RE: Student Loan Tradelines being reported on TransUnion, Equifax and Experian are over 7 years old from First Date of Delinquency - please remove them.

Supporting documents enclosed are: Copy of FTC Complaint # 30797091, Completed BBB Complaint Letter, Copy of 3 major Credit Reports showing FIRST DATE OF DELINQUENCY, Copy of FTC Opinion Letter from 1998 showing when First Date of Delinquency begins.

Account # 96596037281xxxx:

- Loans 0001 ($2,625) & 0002 ($4,000) - Opened on November 2002.
- Loans 0003 ($3,500) & 0004 ($2,666) - Opened on May 2003.


Consumer Advocate Rep.,


This is my third letter to Sallie Mae (and quite possibly 10th phone call). My second letter was ignored and I was sent back a robo letter giving me no information what-so-ever about if my issue was ever even investigated or not. I genuinely am hopeful that we can come to an understanding, and take care of this dire, harmful and seemingly willing misreporting of information to the credit bureaus, in accordance with the law.


Brief History

I enrolled in a private college in Oct 2002 and took out several loans with Sallie Mae 9 years ago (thanks to the loan I now have a great career so thanks for that for sure). I opened two loans in November of 2002 and two loans in May of 2003.

In August of 2003 I dropped my classes due to an illness in a dearly loved one (I cared for her in her last months) and never returned to classes at Westwood College.

According to records (Westwood College Financial Aid @ 708-832-1988) at Westwood College, Sallie Mae was informed of my non enrollment (in September of 2003) and at that point the clock started ticking on the 6 month hold/grace period (see highlighted original loan document enclosed) of when my payments would become due.

Suffice to sayÖ I didnít pay and the loans were charged off and given to the guarantee agency (Cali Student Aid) for collection.

Through CSA I rehabbed my loan and it was assigned to the Department of Education who it is now with, reporting all nice and shiny on my major credit reports (from both the Department of Ed and CSA).

What I am asking for.

I am including my credit reports so that we can both have the same information.

According to the FCPA, negative information on a credit report and only be reported for 7 years from THE FIRST DATE OF DELINQUENCY. I dropped out of school in August of 2003. My first payment was due, 6 months from then. I didnít pay it (yea I know stupid). Which means my first late payment was 30 days after that.

So if you follow me:

August 2003 (drop out date) + 6 months (grace period) = ~February of 2004 (First Payment Due)

February 2004 (first payment due) + 1 month = March 2004 (30 days late or First Date of Delinquency)

March 2004 (First Date of Delinquency)
+ 7 Years FCPA Limit on Negative information = March 2011 - the date this negative and damaging information SHOULD HAVE BEEN REMOVED permanently.


My Request

Iím not asking for special consideration, just that the federal law (FCRA, FCPA and FDCPA) of the United States be applied to my situation fairly.

This negative information is more than 7 years old and though it hasnít been reported for 7 years, the FIRST DATE of DELINQUENCY is older than 7 years old (you find enclosed a letter from the FTC highlighted to show the US Governments FTC opinion on WHEN the 7 year reporting rule begins).

I am asking that these negative accounts be removed from my credit reports at once or I will have no choice but to file a lawsuit against your company, with prejudice and for damages. If you donít correct this mistake I will sue Sallie Mae (and win) for willfully and shamelessly causing damage to my credit report regardless of the LAW for the reasons below:

WHO WHY Precendent/Law Fine

Creditors if they report your credit history inaccurately Defamation, financial injury US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan Extent of damages incurred by the wronged party as deemed by the courts
Creditors, if you dispute a debt, and they fail to report it as disputed to the credit bureaus Protection under the FCRA FCRA
Section 623. $1,000
Creditors or collection agencies, and credit bureaus if they try and ďRe-ageĒ your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer Consumer protection afforded by the FCRA FCRA Section 605
© Running of the reporting period $1,000


You have 5 business days from receipt of this letter to reply. I will not accept anything short of my rights under US law, which is removal of ALL NEGATIVE information of all major credit reports that you have recently verified to the credit bureaus. This information is clearly older than 7 years. If anyone would just give it a cursory glance they would see it. This is a case that I would easily win in court, but I do not want to do that if I donít have to Ė I just want this outdated, obsolete, and inaccurate information removed from my credit report forever.


Thanks,



#5 beli

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Posted 27 May 2011 - 08:59 PM

Where are they getting 2006 from? Did you make any kind of payments on the loan between 2003 and 2006?

#6 brucet3

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Posted 03 June 2011 - 01:23 PM

Beli,

No payments were made ever. They are getting 2006 from when they did an "internal" transfer of accounts to another department in Sallie Mae. These loans are showing twice (8 entries total) on my credit reports, once as negative and once as paid transfered.

#7 brucet3

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Posted 06 June 2011 - 11:17 AM

UPDATE-----------


Called Sallie Mae Consumer Adocate Unit (888-545-4199) (they all speak English and are based in the US) and they told me that the status of the accounts has been changed to closed.... still negative. I 'LOL'ed' at the rep on the phone.

I then told them that I will not accept anything less than complete removal of all negative information. I let her know that they have already broken the law to my detrement and that if it wasn't corrected ASAP I intended to sue them for damages and defamation.

*** I also told them I have made complaints with the BBB and the FTC and my local States Attorney.***

The Sallie Mae Rep paused for a moment and then magically told me, oh yes I see here, we have your Beter Business Bureau complaint on file. Let me transfer you to your Rep who will now handling your case personally from now on.

Boom.

Brian Clark Ext 8-9165 :)

I left him a message as hes having a long weekend, we'll see how it goes.


Bruce

#8 Doward

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Posted 09 August 2011 - 01:59 PM

Update?

#9 brokebutnotdown

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Posted 16 January 2014 - 08:03 PM

Did this ever get resolved?



#10 neonhomer

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Posted 16 January 2014 - 08:18 PM

I would say if you send a letter, to remove the little quips, like "Yes I know, stupid." and such. It's not necessary. It kind of takes the hard hit of a formal business letter away.



#11 Mike R.

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Posted 16 January 2014 - 08:28 PM

Necrothread




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