Navient accounts in forbearance showing lates. Dispute strategy?

[Anonymous]

I have two navient accounts from federal student loans taken in fall 2008/spring 2009. I actually had 8-10 accounts with navient active at the time, but for some reason only two of these accounts are showing a 90 day late from March 2011. I contacted Navient and they are supposed to be sending me a copy of my approved forbearance for the time period for ALL of my loans, this was a medical residency forbearance, not financial hardship (but I no longer have my own copies of this documentation). I also checked the NSLDS which shows that in fact, both accounts were in forbearance at the time the lates are showing. Any recommended strategy to dispute these accounts? I was planning to send a letter requesting that they remove the lates because the accounts should have been in forbearance at the time of the supposed lates with the documentation I have. Should I send directly to navient, send to CRAs or both?

[Anonymous]

Strawberry_78

I recently did the same thing.  I sent in a GWL and was contacted by ph from a Rep.  They should do an investgation and will send you a letter back stating their finding.  I was lucky that I had recorded the reps ID# number, date and time of the call.  They researched it and received my letter last week with my results.  Hope this helps.

[Anonymous]

Thanks for your response. Did you dispute the accuracy of the lates, show evidence of forbearance or just request they be removed in goodwill? Did they approve/remove your lates?

[Anonymous]

Well I went ahead and sent the letter to Navient requesting they remove the lates. I included the forbearance approval letter for the timeframe in question, my loan history from NSLDS and the Harris Advisory Letter to FTC regarding reporting of lates on student loans. I'll update with results.

[Anonymous]

I submitted the time and date of the call and rep ID #  of the person I spoke to.  They researched the matter and sent their investigation results back.  I didn't get my lates removed, but this isn't to dishearten you!  I had gotten a forebearance, but between the transfers of my loan, I'd lost track honestly of who to pay. This battle will be easier for you! Stand firm, they will follow up with you!

[Anonymous]

Well I've heard more success stories with Navient than Nelnet. I've been fighting with them for some time now over 4 accounts showing 90 and 120 day lates from 2015, both of which were while I was on in school deferment. Ive sent in their own in school deferment application with school enrollment verification along with transcripts and schedules to show i was in school those two months but nothing. Good luck and at least it seems more feasible with Navient!

[Anonymous]

No luck with Navient, even with documentation of loans being in forbearance status during the time of the supposed "late" they say they are reporting accurately. I also filed a dispute submitting documentation to all 3 CRAs after getting the result from Navient. So far EQ is not removing it.. Haven't heard from TU or EX yet. This is SO frustrating to have something inaccurate on your report that keeps getting "verified."

[RobertEG]

The procedure is to first file a dispute contesting the accuracy of their reporting.

You have the option of filing your dispute either with the CRA, and let them forward to the furnisher for their investigation and response, or filing the dispute directly with the furnisher, and thus bypassing the CRA entirely.  You either file with the CRA or file a direct dispute, but you cannot do both.

If the outcome of your dispute results in verification of the accuracy of the reporting, you have two options.

If you feel that your documentation of the innacuracy is factually solid, and thus not requiring interpretation by a judge, you can assert a clear violation of the dispute process by verifying clearly inaccurate reporting, and thus file a complaint for administrative review by the CFPB.

However, contested verification usually requires some interpretation of the facts, and thus may necessitate filing of a civil action in order to obtain review of the evidence and obtain a binding review by the court.  The basis for a civil action would be lack of reasonable investigation of your dispute by the furnisher.

In the posted scenario, if the documentation clearly supports a factual showing that the loan was in forebearance, then the facts would not be contested, and the results would depend only upon the issue of whether a loan in forebearance can have monthly delinquencies while in forebearance.

Personally, I would view that as being subject to complaint and admin review by the CFPB.  If the CFPB refuses to take action, then you have the ability to file a civil action and obtain judicial review.