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JTorrap

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  1. Thanks for all the good feedback. It's a Fed loan serviced by ~nelnet~. In all fairness, they have been pleasant to speak with on the phone. I drilled down to the executive support team, who in turn continued to recite FCRA compliancy and if I couldn't isolate a mistake made by the company the derragatories would have to remain. Just like our government, they are so large and mechanized I'm not sure anyone has the ability to make a personal decision to cut someone a break. They have probably been subjected to so much compliancy litigation over the years it's made them callus and unwilling to empathize with anyone. Hegemony: I will heed your advice with the ombudsman and continue with GW letters. Centex: I appreciate your time with the thought-provoking response. The loan servicer has done nothing wrong or inappropriate, so I don't know what the basis of a complaint would be? If a furnisher is not required to use all available means of communication with the borrower than end of story. I think it's a compelling argument for a moral obligation, but probably nothing else. Unless I'm missing something??
  2. Your all correct.... I did screw up. I have learned an expense lesson. I have owned it many times through many letters sent to them. I have requested human understanding of my error, sent a credit report to illustrate this was a first-time and uncharacteristic mistake and asked for another chance. I did not receive mailed correspondence from them, and erred in the belief this is how I would have been contacted if there was a problem. Any suggestions on how to work with the Ombudsman? The loan servicer even suggested I contact them, but prefaced it by saying "in the six years I've been here, I've never seen the Ombudsman overturn a reporting decision by us". It's been quite the humiliating and humbling experience....
  3. I have seen some attorneys soliciting credit repair services- only reason I mentioned it. Yes, I have written several GW letters to the company and the (3) execs as well- both snail mailed and to their personal corporate emails. I have owned the mistake, explained in great detail what happened, sent them my credit report to indicate my sincerity/integrity and always polite & professional. In turn I receive a boilerplate letter stating their obligation to FDCR compliancy. I have the executive's home addresses and personal emails; considered sending a final GW request but not sure if this would cause irrefutable damage if/when I contact the Fed Student Aid Ombudsman as a last effort? They did tell me in a phone conversation last month they could remove the derogatories if it was determined a mistake was made on their behalf. This prompted my questioning of any obligation they had in communicating with the debtor before reporting.
  4. Okay, thanks for all feedback. Can anyone recommend a good (unbiased) credit repair agency/attorney? Any (productive) ideas please???
  5. Thank you Centex and hdporter for your candid responses. The loans were 96 days delinquent. I immediately paid the past due balance upon learning of this mistake, so rehabilitation is not an option. To your point Centex, I was fiscally irresponsible by trusting my wife and two adult kids to monitor the account while I ran a business. Definitely learned a lesson here. The loan servicer had/has an email, a phone number and our current mailing address for point of contact. They used the email and phone for contact attempts, but did not send correspondence via mail. Had they sent correspondence by mail I would have received it. I believe the enabled 'paperless billing' option negated contact attempts by mail. So, should furnishers not be obligated to contact borrows by all means available to them prior to reporting derogatory data? Legal proceedings cannot proceed without positive service, so how can data furnishers submit derogatory entries without using all available means of contacting the borrower?
  6. Newbie here and really would appreciate some help with a problem I brought on myself ;( I had a 742 FICO before my kid's student loans came out of deferment. I applied to refinance our home and abruptly learned the loans were 90+ days delinquent. I immediately paid the outstanding balance and contacted the servicer to detail what happened and ask for a one-time goodwill adjustment. Citing the FCRA, they have declined my requests repeatedly. MY QUESTION: Are there requirements of data furnishers to make/confirm positive contact (ie: certified mail, priority, recorded phone calls, etc) with consumers before reporting derogatory data to the CRAs? I know there are timing requirements for specific notices, but are there requirements to ensure the notices reach the borrowers? Specifically, I never received any correspondence by mail to our current address UNTIL after I called them about this mess AND after I unchecked the 'paperless billing' option in their borrower portal. We have moved twice in the past 1.5 years and they claim to have had our current address updated before this delinquency occured, but I have no way of confirming. Additionally, the 'paperless billing' option was enabled when I logged into the account for the first time. I have since disabled the option and receive monthly invoices regularly now. They had previously communicated with my wife via email, but just before the loans came out of deferment my wife ceased getting email due to account issues. They also claimed to have called me but I seldom answer unrecognized phone numbers and messages were never left. These sound far-fetched and ridiculous, but as God as my witness, I never received any mail from them at all until I called them to discuss this debacle. I have extensive trendlines and good credit history to suggest I speak the truth. I sent them my credit report, 9 letters detailing what happened and 3 phone calls asking for a one-time adjustment, but can't get past a FCRA-boilerplate response from them. Even sent the executives a letter and email to their corporate accounts. The loan is my obligation and the delinquency was my fault. However, I would think data furnishers should have an obligation to reasonably exhaust all available means of communication with consumers prior to reporting derogatory data. Had they sent regular mail, or even certified for positive service, this never would have escalated. Any constructive help or direction would be greatly appreciated!!

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