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KingDerp

Lates while in forbearance plus wrong middle name

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Long time listener, first time caller. :wave:

 

I've got some lates that were generated during forbearances and deferments -- pretty typical. Across the two loans they add up to 33 (!) lates, which is the biggest issue with my credit score. The plan is to do a basic direct dispute citing the forbearance, then dispute citing the FTC-Harris opinion with the DOE and Great Lakes. I've started by doing a basic WTF inquiry with the servicer. CFPB complaint if that doesn't work, and hopefully not a suit (oy). Sadly none of the "your forbearance has been approved!" letters have effective dates on them.

 

But here's the kicker: these loans have the wrong middle name attached. I've tried getting every servicer to correct it, send a copy of my passport, and they all refuse. The origin seems to be one $2000 loan from 2003 that was part of a consolidation loan ~2008. Obviously it's my debt that I'm paying, but is this another angle for dispute?

 

My hope is to clear this up to be able to qualify for a mortgage this summer. It may be the impossible task, but I have to try at least. FICO is 577 with one late credit card payment and three collections (two un-collectible from PRA that are mid-dispute).

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Thanks ^_^

 

The servicer hasn't gotten back to me yet, so I'll send note to the ombudsman. [unexpectedly, my scores all raised ~60 points because I started paying my low-limit credit card a week before the invoice gets generated]

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Thanks ^_^

 

The servicer hasn't gotten back to me yet, so I'll send note to the ombudsman. [unexpectedly, my scores all raised ~60 points because I started paying my low-limit credit card a week before the invoice gets generated]

 

:good:

 

Sounds like the ombudsman might be the way to go. And - read read read. :D Welcome to CB!

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were you late then got a forbearance, covering the periods when you were late? ED doesn't require an after-the-fact forbearance to remove late pays on credit. Better off w/ goodwill

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were you late then got a forbearance, covering the periods when you were late? ED doesn't require an after-the-fact forbearance to remove late pays on credit. Better off w/ goodwill

The FTC says that lates in this situation should be removed.

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You can't dispute the loan because of the incorrect middle name. People's names being spelled incorrectly or wrong names in general with student loans is not unheard of. It happens. The loans are still tied to your full social security number and full date of birth. That trumps everything.

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were you late then got a forbearance, covering the periods when you were late? ED doesn't require an after-the-fact forbearance to remove late pays on credit. Better off w/ goodwill

The FTC says that lates in this situation should be removed.

 

This is exactly what happened to my wife. I'm going to go read the FTC again and see what I can find about getting her lates removed.

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I'm in a similar situation, but with FedLoan Servicing. In my case, it was a retroactive forbearance applied for the period in which I was late (July-December 2013). I disputed multiple times (both through the CRAs and as a direct dispute), filed a CFPB complaint, and the responses I received from FLS each time in response to my complaint/dispute that included the FTC opinion was that they effectively viewed my complaint as baseless.

 

I intend to sue. I contacted a lawyer last fall who said he'd take the case on, but he wanted a sizable fee up front. I'm looking into a small claims case, but don't know if that'd result in anything.

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I'm in a similar situation, but with FedLoan Servicing. In my case, it was a retroactive forbearance applied for the period in which I was late (July-December 2013). I disputed multiple times (both through the CRAs and as a direct dispute), filed a CFPB complaint, and the responses I received from FLS each time in response to my complaint/dispute that included the FTC opinion was that they effectively viewed my complaint as baseless.

 

I intend to sue. I contacted a lawyer last fall who said he'd take the case on, but he wanted a sizable fee up front. I'm looking into a small claims case, but don't know if that'd result in anything.

 

Here is a source: https://www.ftc.gov/policy/advisory-opinions/advisory-opinion-harris-03-22-99

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I'm in a similar situation, but with FedLoan Servicing. In my case, it was a retroactive forbearance applied for the period in which I was late (July-December 2013). I disputed multiple times (both through the CRAs and as a direct dispute), filed a CFPB complaint, and the responses I received from FLS each time in response to my complaint/dispute that included the FTC opinion was that they effectively viewed my complaint as baseless.

 

I intend to sue. I contacted a lawyer last fall who said he'd take the case on, but he wanted a sizable fee up front. I'm looking into a small claims case, but don't know if that'd result in anything.

 

Here is a source: https://www.ftc.gov/policy/advisory-opinions/advisory-opinion-harris-03-22-99

 

Yep, that was the FTC opinion I included in my direct dispute and CFPB complaint. FLS ignored it both times.

 

My one concern about filing a small claims case is that I don't think small claims is the appropriate venue to get them to remove the reporting, but the lawyers I've spoken to want more money up front than I can pay to file in district court.

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You can't dispute the loan because of the incorrect middle name. People's names being spelled incorrectly or wrong names in general with student loans is not unheard of. It happens. The loans are still tied to your full social security number and full date of birth. That trumps everything.

Thats not ALWAYS true.

 

You can DISPUTE anything that is inaccurate, whether the debt is valid or not. You aren't disputing the validity of the debt. You're disputing the accuracy of information.

 

Which is EXACTLY what I did and am still with doing with MY student loans, since they are CLOSED, have been transferred to another lender. My name has been spelled incorrectly for YEARS. After they closed the account and transferred it, I called them up and corrected my name, and then disputed them with the CRA's on the basis of my name not being correct. Since the loans have been transferred to a new lender, there was no dispute of the actual ACTIVE accounts, only old (and erroneous) information.

 

The only item that I disputed was my middle initial.

 

Thus far, Equifax has removed 5, and TransUnion has removed 7, as of Friday. I will admit that Experian is NOT trying to hear it. But its a start. See the attached image.

 

I WILL say, that the removal dates shown are INCORRECT. Those removals are as of last Friday, March 24th.

 

https://ibb.co/hEDxGF

 

 

Edited by The Krakken

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I'm bumping this thread because I also have lates reporting with Fedloan during a retroactive forbearance in 2014. I've only read a few success stories for getting them removed but so far it seems the overwhelming majority see no results. It would be great to see what the common denominator is for whatever the successful people are doing.

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There is no common denominator for removing a late on anyone's credit report as Federal Loan Servicers follow the Fair Credit Reporting Act to a "t". There is no special letter or language to remove lates. The only success stories come from folks who have been persistent and arguing with their Federal Loan Servicers and enlisting the services of other agencies such as the Consumer Financial Protection Bureau, Federal Trade Commission, and their local Congressman or Senator to send a letter on their behalf. If you're late on a payment, then it's late. If you have supporting documentation to show that a payment has been made and it wasn't applied timely, then show them proof. There is no magic cure, just good ol' persistence.

 

But you have to remember that even those that have had some luck their entire reporting history get changed and then it just becomes a bigger issue and hassle in having them correct it again and again and again. (you get the point).

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There is no common denominator for removing a late on anyone's credit report as Federal Loan Servicers follow the Fair Credit Reporting Act to a "t". There is no special letter or language to remove lates. The only success stories come from folks who have been persistent and arguing with their Federal Loan Servicers and enlisting the services of other agencies such as the Consumer Financial Protection Bureau, Federal Trade Commission, and their local Congressman or Senator to send a letter on their behalf. If you're late on a payment, then it's late. If you have supporting documentation to show that a payment has been made and it wasn't applied timely, then show them proof. There is no magic cure, just good ol' persistence.

 

But you have to remember that even those that have had some luck their entire reporting history get changed and then it just becomes a bigger issue and hassle in having them correct it again and again and again. (you get the point).

Backdated forbearance works. I hope you aren't suggesting otherwise.

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There is no common denominator for removing a late on anyone's credit report as Federal Loan Servicers follow the Fair Credit Reporting Act to a "t". There is no special letter or language to remove lates. The only success stories come from folks who have been persistent and arguing with their Federal Loan Servicers and enlisting the services of other agencies such as the Consumer Financial Protection Bureau, Federal Trade Commission, and their local Congressman or Senator to send a letter on their behalf. If you're late on a payment, then it's late. If you have supporting documentation to show that a payment has been made and it wasn't applied timely, then show them proof. There is no magic cure, just good ol' persistence.

 

But you have to remember that even those that have had some luck their entire reporting history get changed and then it just becomes a bigger issue and hassle in having them correct it again and again and again. (you get the point).

Backdated forbearance works. I hope you aren't suggesting otherwise.

 

 

You missed the point on my comment - and not everyone is eligible for a forbearance nor a deferment and backdating does not always work.

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Be that as it may....I understand there is no guarantee that my reporting lates may get deleted based on my retroactive forbearance with Fedloan. But I haven't yet even tried and have tackled all the other uglies on my reports with good success. This is what I have left to work on, and I figure it is worth a shot. It wont be the end of the world if it doesn't come off, and I'll

 

I have drafted a letter to the CRAs, kept it short and sweet merely asking for an update to the reporting during the period where I was granted retroactive forbearance. I will enclose a copy of the letter I received in 2014 granting retroactive forbearance as well as the FTC advisory opinion letter. I intend to dispute this first with the CRAs and also to forward the letter to the CFPB. If that doesn't work I will find other sources to dispute this with. As I said it wont be the end of the world for me if these don't come off, but I have started to run out of things to tackle on my reports and can now devote a bit more time and energy on this.

 

I haven't read anything about contacting state representatives and enlisting their help in this matter. Has anyone a link for using this scenario and how I would go about writing a letter to them asking for their help on my behalf?

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Be that as it may....I understand there is no guarantee that my reporting lates may get deleted based on my retroactive forbearance with Fedloan. But I haven't yet even tried and have tackled all the other uglies on my reports with good success. This is what I have left to work on, and I figure it is worth a shot. It wont be the end of the world if it doesn't come off, and I'll

 

I have drafted a letter to the CRAs, kept it short and sweet merely asking for an update to the reporting during the period where I was granted retroactive forbearance. I will enclose a copy of the letter I received in 2014 granting retroactive forbearance as well as the FTC advisory opinion letter. I intend to dispute this first with the CRAs and also to forward the letter to the CFPB. If that doesn't work I will find other sources to dispute this with. As I said it wont be the end of the world for me if these don't come off, but I have started to run out of things to tackle on my reports and can now devote a bit more time and energy on this.

 

I haven't read anything about contacting state representatives and enlisting their help in this matter. Has anyone a link for using this scenario and how I would go about writing a letter to them asking for their help on my behalf?

It is definitely worth a shot and your best chance, so don't let anyone discourage you from trying.

 

I was successful with backdated forbearance twice.

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How did you go about getting a backdated forebearance? Did you write a letter, or simply call up and ask for it? I have 2 lates from 2013, and would really like to have them removed.

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@Fxtalon,

 

As far as my own forbearance, I was put on retroactive forbearance in 2014 after being 3 months late on payments. I called and spoke with a rep who then put me on retroactive forbearance covering the months I was late and brought my accounts current. At the time I was still oblivious to credit in general and wasn't concerned with asking the rep about the forbearance being grounds for updating the late reporting.

 

I don't know how you would do it if some time has elapsed since your lates were reported, but I've read that you could try calling and asking about being granted forbearance for the time period that your lates occurred, then after that is granted you can start disputing the lates citing that you were on forbearance during that time.

 

I just posted an update to my situation with this in this forum today. I wrote TU requesting that they update their innacurate reporting for my Fedloan accounts for 2014, with copies of my retroactive forbearance statement from fedloan, my TU report with those accounts circled, as well as the FTC advisory opinion on this matter. I also CC'd the CFPB in my letter to TU. After TU completed their investigation, I had all my 120 day lates (as well as the 60 day lates, which is strange) deleted. They left the 90 day lates for some reason....trying to get feedback in the meantime how to make sense of that and how to approach the leftover 90 day lates. But I'm actually pretty pleased to see *something* positive happen, afterall this was my first shot at getting Fedloan lates deleted with any CRA.

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