Sallie Mae help needed NOW, PLEASE

[anonyman]

Hi Everyone

I took out a student loan in 2003 most were Federal Loans and there was one from Sallie Mae as well, I think this was private. Unfortuanately I became disabled, haven't made any payments on any of them and a few months ago, all of my Federal Loans were discharged.

I assumed that my Sallie Mae was also discharge, it shows on my credit report as closed, defered, not in repayment. Today I signed into my Sallie Mae account, actually sort of created an account.

Right there it did some updating, then I got a message saying that they have updated their system, etc and I have to pay the loans. On my Sallie Mae account it says next payment due, ll/13/2013, which is today. I tried to call them twice and it kind of transferred me to some company called NCO and nobody there either, just an answering machine. I think this NCO is a collection agency.

What just happened here, did I screw myself? I haven't made any payments ever and the last payment due date was like in 2004. They cannot garnish my wages, since I am on a prorgam called SSI.

But I worked hard in re-establishing my credit and now have a good score and would like to keep it that way.

Somebody please tell me, can they put this on my credit report? I have heard some scary horror stories about Salle Mae on the internet. Somebody said they don't even have to follow that 7 year rule etc, I don't know how true that is. I'm just trying to keep my credit intact, somebody please provide some input on this.

[nma851]

Anonman -

I, as well, am permanently disabled and I would SWEAR that I wrote the post below.  You and I need to talk & if you prefer to discuss in private as well, i remain available especially under the circumstances.  

My P&TD was completed (well, the 3 year conditional and then the "real one"), however Sallie decided, twice now, that they DID discharge it, then they didn't and came after me, discharged it again recently as of earlier this year, and have now "Interal Reviewed" to find they shouldn't have, and are now trying to come after me AGAIN.  In the meantime, once I got "through to them" the first & second times, they removed any/all negatives and showed "Paid/Closed/Discharged".  Now?  it's back as CO'd as of last month (or maybe two ago - hell I'm so over it I can't keep track), they've re-aged again, and it just is one huge vicious circle. 

Let me also get you the link to my particular thread I had going earlier this year, how through the help of the people on here got it resolved, and apparently what we're going to do NOW about it given Sallie decided to once again "Back out" of the third-time-over P&TD discharge.  I KNOW THIS PAIN - ESPECIALLY WHEN ALL WE HAVE IS OUR PIDDLY SSDI EACH MONTH!! 

[nma851]

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/DOFD-CO-SOL-4-year-discrepancy-amp-resurrecti...

The above link is the entire ordeal with the SAME EXACT SITUATION you're now facing.  Let me know, I'm here as are the others to help you get through this.  I refuse to let these fools take me down after all my hard work of rebuilding.  I do not mean to "play the disabled card", however of ALL people to mess with, knowing we're barely making it on top of dealing with "Not able to Function/Live/Work/Have a Life", they just want to take take & take. 

Be assured of one thing though:  They CANNOT touch our SSDI (or in your case SSI).  This is a private loan, treated the same as if it was a credit card to make it easier to understand, so if they TRY to get a garnishment against you, they'll never collect it.  This will not stop them from doing it - but what we do NOT want to do is let them get to that point.  

Further, NCO is where I had to deal with the specific person that "cancelled" my loan twice now, under P&TD, and if memory serves correct I got a 1099-C (Cancellation of Debt) that I had to file with the IRS.  Given they've "resurrected" this, and since I was taxed on that cancellation, this opens a whole other can of worms....  

Will be in touch & await your response.  Trust me though - there IS a way & heck - we'll do it together if need be!!!

[anonyman]

Thanks for getting back.

I also sent you a private message. If its treated as  a credit card, then can they put this as a collection on my report, if the first date of delinquincy was around 2004? I live in New York, and the statute of limitations here is 6 years for promissory note.

I'm just scared by logging into my sallie mae account or reserrecting it, I didn't restart the stature of limitations. There were a bunch of terms and conditions which I had to agree to prior to getting to my account, pretty much like all sites have when you create a new account. 

[nma851]

@anonyman wrote:

Thanks for getting back.

I also sent you a private message. If its treated as  a credit card, then can they put this as a collection on my report, if the first date of delinquincy was around 2004? I live in New York, and the statute of limitations here is 6 years for promissory note.

I'm just scared by logging into my sallie mae account or reserrecting it, I didn't restart the stature of limitations. There were a bunch of terms and conditions which I had to agree to prior to getting to my account, pretty much like all sites have when you create a new account. 

---

I just replied again in VAST detail in the PM as it contains sensitive data.  in the PM, you stated it was showing as "Deferred"; and to ensure anyone else on the Forums are going to chime in, I need to let them know non-personal things.  I don't know about that "terms & conditions" stuff but it's probably "boilerplate" info - of which is likely to benefit you in order to get your account info, payment history, etc.  I've not been able to get into mine nor will I try - but there might be some benefit to what's in there that we can use.  Will cross that bridge when we get to it. 

Yes, the SOL's apply on this as it's unsecured debt.  The problem is, just as with me, the Deferral status "stops" the SOL clock - and that was one of the arguments they made as well.  It's called "Tolling" - and basically this means they can add however many number of years they had this SL in "Deferral" status to the SOL time.  Let's say it's been deferred 5 years.  Your SOL is 6.  DOFD is December 2004.  The clock was put into "suspense" in December 2006.  From Dec 2006 - Dec 2011, they never collected nor tried to as Sallie, as the Creditor, "Agreed" to let you not pay on it which in turn "voided" your right to claim those 5 years as being part of the SOL clock.  

Now we fast forward to the present.  We'll say it's December 2013 just to make it easier.  From Dec 2004 - Dec 2006, that was 2 years after the DOFD.  That left 4 years after ***EDIT: Dec 2006 - ORIGINALLY SHOWED DEC. 2004*** to come after you with a lawsuit w/out you being able to claim it is a time-barred (out of SOL) defense.  

***EDIT #2:  Original without Deferral:  Dec 2004 - Dec 2010 would have been original SOL timeframe; 

With Deferral:  Dec 2004 - Dec 2006 (2 years, 4 remaining);  Dec 2006 - 2011 = 5 Tolled" years - not part of original SOL of Dec 2004 - Dec 2010;  Dec 2011, clock resumes, 5 "tolled" years added in as of Dec 2011, remaining SOL Dec 2011 - Dec 2015 = Dec 2015 as end of SOL (deducting 2 years that already "ran").  Repeated again below:*** 

However, due to the deferral, we now must ADD the 5 "tolled" years (Dec 2006 - Dec 2011) to the ORIGINAL SOL timeframe while subtracting the ORIGINAL SOL of 2 years leaving us with a SOL expiring in Dec 2015.  Just as with me, that deferral of 5 years was added back to my original SOL giving them that "Tolled" time to collect without violating the SOL.  They *may* even try to argue that granting the Deferral itself was acknowledgement you owed the debt & lose the 2 years that already elapsed.  They did not go that far with me, they only stuck to the "Tolled' years, but either which way we look at it, the fact they cannot collect or touch our SSDI is a "trump card" in a way.  This doesn't mean they won't try & get a judgment - but it would be a complete waste of time, money, resources, etc. etc. on their part when you would otherwise have had the debt LONG discharged via P&TD - the same as myself. 

Like I said and I don't mean to be sarcastic in the least, but I feel like I'm talking to myself....  Honest to God this is 100% identical.  Nothing you did was wrong either - they would, at some point, figured it out and did the same to you as they did to me trying every trick in the book..  However, do NOT lose faith - we have options, especially since we're disabled, althought I HATE and do NOT mean that to be played up in the least.  It's the fact we have EXEMPT/PROTECTED INCOME that cannot be touched is why I make that blunt point. 

We can keep talking privately as well - that is fine with me - but for the sake of the forum and others that can offer added value info, let's keep the "private" stuff private and the "General" stuff such as this in the open.  It will result in less confusion as well for all involved.  Don't stress out, I know it's easier said than done, but they cannot and will not get away with it.  We just have to proceed in the right manner in order to prevail - and the objective here is to NOT let it get to the point of a lawsuit and/or judgment.  I won't even go there as we've already "paid the price" as-is & they're NOT going to make our lives worse for another 7 years over resurrecting their own mistakes when they won't get a dime regardless.  

[anonyman]

mmm,

But what if I never asked for it to be deferred. I mean I never did ask for deferment. Plus, I don't know for a fact if it actually is defered or not, here is what the report says.

Account Name	SALLIE MAE SERVICING	No Data Returned For This Bureau	SM SERVICING
Account #	XXXXXXXXXXXXXXX	XXXXXXXXXXXXXXX
Account Type	Education Loan	Installment account
Balance		$0.00
Date Opened	X/X/2004	X/XX/2004
Account Status Closed   Closed Mo. Payment   $202.00 Past Due   $0.00 Payment Status Account transferred to another office Unrated High Balance   $XX,XXX.00 Limit     Terms Unknown Monthly Comments Student loan - payment deferred Student loan not in repayment

[nma851]

Interesting.  It is showing this TL as "Transferred to another office" while showing "Closed" while showing "comments"...

Do you see another TL somewhere on your report with that balance or a balance *close* to that balance?  The status, in and of itself, indicates someone has it somewhere.  Let me know if you find that "High Balance" somewhere.  It does not show "PAID", however....

Further, it is showing NO balance, NOT in repayment, but shows a monthly of $202.  Look over your report well - from all 3 CRA's - and see how this is reporting on all 3 reports and if that account is showing up elsewhere.