My school loan is a Robert J. Stafford loan. Defaulted years ago.
I recently moved in with relatives so that I could lower my expenses and get my finances in order including and especially my defaulted loan.
Shortly after moving I began to do some research and discovered that my loan was now with a certain CA. Before I could contact them they called me. Mind you, I was ready to start making payments.
Besides being EXTREMELY rude & beligerant they demanded full payment ASAP. They threatened me with garnishments, tax liens, social security liens to name a few.
I sent them a DV CMRRR which included a request for a promissary note and included the "inconvenient to call" statement.
Still they continued to call.
I've been threatened with liens, garnishments, etc. called names & yelled at repeatedly.
They keep threatening to put a lien on my house.
I DO NOT own a house. I have NEVER owned a house.
They have told me several times me that rehab is not an option.
I have never admitted to the loan as being mine.
I have pointed out that I thought it was odd that rehab had never been discussed.
Needless to say, on these occasions they become even more loud & beligerant.
My last letter to the CA informed them to cease & desist all contact.
They haven't called in 4 days. If they do they will speak to an answering machine since I've had enough.
Meanwhile I am several months behind schedule on rehab, if in fact this IS an option.
If I contact the DOE or Ombudsman will it hurt my potential to file a lawsuit against the CA?
How do I proceed and finally get out of default and get rid of this CA?
**As long as this post is there are details that I have left out since we never know who is reading these pages.
TIA
Full Version: Defaulted SL
If you are not paying on government defaults, a cease letter is a fast track to wage garnishment. Keep in mind that they do not have to take you court for this. The holder will file a tax lien every year.
Admitting the loan is yours is really irrelevent. These are government debts with no SOL and no BK provisions.
Have you specifially asked for rehab?? They wont necessarily tell you about it if you dont ask.
The only way to get out of default is to pay it off in full by rehab, consolidation or paid in full. Unfortuantley you will have to work with the CA on the phone. They will not do it by mail.
Admitting the loan is yours is really irrelevent. These are government debts with no SOL and no BK provisions.
Have you specifially asked for rehab?? They wont necessarily tell you about it if you dont ask.
The only way to get out of default is to pay it off in full by rehab, consolidation or paid in full. Unfortuantley you will have to work with the CA on the phone. They will not do it by mail.
QUOTE(Freedom Rising @ Feb 8 2006, 02:25 AM) 
My school loan is a Robert J. Stafford loan. Defaulted years ago.
I recently moved in with relatives so that I could lower my expenses and get my finances in order including and especially my defaulted loan.
Shortly after moving I began to do some research and discovered that my loan was now with a certain CA. Before I could contact them they called me. Mind you, I was ready to start making payments.
Besides being EXTREMELY rude & beligerant they demanded full payment ASAP. They threatened me with garnishments, tax liens, social security liens to name a few.
I sent them a DV CMRRR which included a request for a promissary note and included the "inconvenient to call" statement.
Still they continued to call.
I've been threatened with liens, garnishments, etc. called names & yelled at repeatedly.
They keep threatening to put a lien on my house.
I DO NOT own a house. I have NEVER owned a house.
They have told me several times me that rehab is not an option.
I have never admitted to the loan as being mine.
I have pointed out that I thought it was odd that rehab had never been discussed.
Needless to say, on these occasions they become even more loud & beligerant.
My last letter to the CA informed them to cease & desist all contact.
They haven't called in 4 days. If they do they will speak to an answering machine since I've had enough.
Meanwhile I am several months behind schedule on rehab, if in fact this IS an option.
If I contact the DOE or Ombudsman will it hurt my potential to file a lawsuit against the CA?
How do I proceed and finally get out of default and get rid of this CA?
**As long as this post is there are details that I have left out since we never know who is reading these pages.
TIA
I recently moved in with relatives so that I could lower my expenses and get my finances in order including and especially my defaulted loan.
Shortly after moving I began to do some research and discovered that my loan was now with a certain CA. Before I could contact them they called me. Mind you, I was ready to start making payments.
Besides being EXTREMELY rude & beligerant they demanded full payment ASAP. They threatened me with garnishments, tax liens, social security liens to name a few.
I sent them a DV CMRRR which included a request for a promissary note and included the "inconvenient to call" statement.
Still they continued to call.
I've been threatened with liens, garnishments, etc. called names & yelled at repeatedly.
They keep threatening to put a lien on my house.
I DO NOT own a house. I have NEVER owned a house.
They have told me several times me that rehab is not an option.
I have never admitted to the loan as being mine.
I have pointed out that I thought it was odd that rehab had never been discussed.
Needless to say, on these occasions they become even more loud & beligerant.
My last letter to the CA informed them to cease & desist all contact.
They haven't called in 4 days. If they do they will speak to an answering machine since I've had enough.
Meanwhile I am several months behind schedule on rehab, if in fact this IS an option.
If I contact the DOE or Ombudsman will it hurt my potential to file a lawsuit against the CA?
How do I proceed and finally get out of default and get rid of this CA?
**As long as this post is there are details that I have left out since we never know who is reading these pages.
TIA
If I were you, I would contact the Ombudsman. You have a right to rehab. and reasonable payments!
QUOTE(LynnInMN @ Feb 8 2006, 10:18 AM)
If you are not paying on government defaults, a cease letter is a fast track to wage garnishment. Keep in mind that they do not have to take you court for this. The holder will file a tax lien every year.
Admitting the loan is yours is really irrelevent. These are government debts with no SOL and no BK provisions.
Have you specifially asked for rehab?? They wont necessarily tell you about it if you dont ask.
The only way to get out of default is to pay it off in full by rehab, consolidation or paid in full. Unfortuantley you will have to work with the CA on the phone. They will not do it by mail.
Admitting the loan is yours is really irrelevent. These are government debts with no SOL and no BK provisions.
Have you specifially asked for rehab?? They wont necessarily tell you about it if you dont ask.
The only way to get out of default is to pay it off in full by rehab, consolidation or paid in full. Unfortuantley you will have to work with the CA on the phone. They will not do it by mail.
I was informed that rehab is not an option. I did ask. I though all govt. loans were able to be rehabbed which is why I asked.
I do not know if it is my loan they are trying to collect on as they keep changing the principal amount and the amount they say I owe and much if their info on me is incorrect.
I have recieved no written correspondence at all, just phone calls and these folks spend most of their time calling me names and yelling (this is not an exaggeration).
They have ignored my DV's with limited C&D....I sent 2 before I finally sent the cease & desist.
I also believe I have a right to to recieve a promissory note or some form of correspondence.
I'm working freelance so garnishment is not an option but I want to pay what I owe in a reasonable and timely manner and know that what I'm paying will be applied to the loan and not to their own pockets.
Incidently I do not have the kind of money they are demanding.
What I want to know is should I contact the ombudsman and will it harm my potential to procede in a lawsuit?
QUOTE(Freedom Rising @ Feb 8 2006, 10:34 AM)
QUOTE(LynnInMN @ Feb 8 2006, 10:18 AM)
If you are not paying on government defaults, a cease letter is a fast track to wage garnishment. Keep in mind that they do not have to take you court for this. The holder will file a tax lien every year.
Admitting the loan is yours is really irrelevent. These are government debts with no SOL and no BK provisions.
Have you specifially asked for rehab?? They wont necessarily tell you about it if you dont ask.
The only way to get out of default is to pay it off in full by rehab, consolidation or paid in full. Unfortuantley you will have to work with the CA on the phone. They will not do it by mail.
I was informed that rehab is not an option. I did ask. I though all govt. loans were able to be rehabbed which is why I asked.
I do not know if it is my loan they are trying to collect on as they keep changing the principal amount and the amount they say I owe and much if their info on me is incorrect.
Your account is accruing interest daily and is subject to 18.5% in collection fees so your balance will continually change. Have you specifically asked for a payoff balance or a breakdown??
I have recieved no written correspondence at all, just phone calls and these folks spend most of their time calling me names and yelling (this is not an exaggeration).
this with them??
Do they have a correct address for you?? Have you verified
They have ignored my DV's with limited C&D....I sent 2 before I finally sent the cease & desist.
If you have not been receiving mail, did you verify THEIR address with them to send correspondence??
I also believe I have a right to to recieve a promissory note or some form of correspondence.
I'm working freelance so garnishment is not an option but I want to pay what I owe in a reasonable and timely manner and know that what I'm paying will be applied to the loan and not to their own pockets.
Incidently I do not have the kind of money they are demanding.
Any payments you make will be applied to the interest first. You are legally responsible for the 18.5% collection fees which is set by Congress. Also, since you are self employed, they are more likely to file suit against you. This would give them the ability to garnish assets and bank accounts.
What I want to know is should I contact the ombudsman and will it harm my potential to procede in a lawsuit?
Unless you have recording of the CA yelling at you, you really dont have any proof. Any lawsuit will not affect the student loan. The guarantor will simply pull it from that CA and give it to another.
How much do you actually owe?? What type of payments have you been offering?? Have they requested or have you supplied them with a financial statement?? Have you tried talking to a supervisor? Before dealing with the ombudsman's office, you should be able to show that you have done everything humanly possible to resolve the matter. Ceasing them is not a good way to show good faith. You obviously know you owe the money and althought it is your right to validate the loan, the CA is seeing it as a stall. It is only costing you more money, and making them more.
I read your responses and thank you.
Extra thanx to you Lynn for providing a type of check list in your previous post.
I have already done everything you suggested.
I have tried everything in my power to resolve this matter calmly, intelligently & reasonably.
Any & all requests have been answered with extreme negativity & abuse.
They have my address and I have the green cards from the DV's and the cease & desist I sent to them.
I will be calling the ombudsman ASAP as I have run out of all options.
I have also contacted an atty.
Extra thanx to you Lynn for providing a type of check list in your previous post.
I have already done everything you suggested.
I have tried everything in my power to resolve this matter calmly, intelligently & reasonably.
Any & all requests have been answered with extreme negativity & abuse.
They have my address and I have the green cards from the DV's and the cease & desist I sent to them.
I will be calling the ombudsman ASAP as I have run out of all options.
I have also contacted an atty.
Having a return green card is not the same as verfiying that they have your address on file. People do send in mail with adresses that are not theirs....happens.
Call and talk to a supervisor. Which CA are you working with?? Call the main switchboard and ask for a qualifie manager. Always repeat the receptionist name back to her, so she knows that you know her name. You should get a proper response from a good manager. Then go for the ombudsman.
Who is the guarantey agencey on this loan??
Call and talk to a supervisor. Which CA are you working with?? Call the main switchboard and ask for a qualifie manager. Always repeat the receptionist name back to her, so she knows that you know her name. You should get a proper response from a good manager. Then go for the ombudsman.
Who is the guarantey agencey on this loan??
QUOTE(LynnInMN @ Feb 8 2006, 05:30 PM)
Having a return green card is not the same as verfiying that they have your address on file.
They have my address as they kept verifying it on the phone
People do send in mail with adresses that are not theirs....happens.
Call and talk to a supervisor.
I have spoken to several "supervisors" and "managers" all of whom were more rude & unreasonable than their "CSR's". They also were the ones who would insist that rehab is not an option ("...you are in no position to ask for any thing .. you are a thief....")
Which CA are you working with??
Van Ru....and they are not working with me, I am being harassed.
Call the main switchboard and ask for a qualifie manager. Always repeat the receptionist name back to her, so she knows that you know her name. You should get a proper response from a good manager. Then go for the ombudsman.
Who is the guarantey agencey on this loan??
NYSHEA
I guess I have my answer and thank you very much.
They have my address as they kept verifying it on the phone
People do send in mail with adresses that are not theirs....happens.
Call and talk to a supervisor.
I have spoken to several "supervisors" and "managers" all of whom were more rude & unreasonable than their "CSR's". They also were the ones who would insist that rehab is not an option ("...you are in no position to ask for any thing .. you are a thief....")
Which CA are you working with??
Van Ru....and they are not working with me, I am being harassed.
Call the main switchboard and ask for a qualifie manager. Always repeat the receptionist name back to her, so she knows that you know her name. You should get a proper response from a good manager. Then go for the ombudsman.
Who is the guarantey agencey on this loan??
NYSHEA
I guess I have my answer and thank you very much.
Contact the ombudsman ... they can help you. Be sure you let them know that the CA is calling you a thief and they are refusing to work with you.
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