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Suspected CR Error Concerning Lates...PLEASE HELP!

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Suspected CR Error Concerning Lates...PLEASE HELP!

Hi, 

 

 

I think I have a couple legitimate claims on 2 lates for my FedLoan Servicing Student Loan. 

 

LEGIT CLAIM #1:

 

submitted a deferment request in May 2013, which was denied repeatedly for no good reason. I faxed the paperwork over at least 4 or 5 times, yet they claimed they never had the full documentation. Also, for some inexplicable reason, despite requesting temporary forbearance during the time my deferment claim was pending, it wasn't processed correctly, unbeknownst to me. Therefore I unknowingly accrued lates during this time. 

 

After finally speaking to a competent manager, I was immediately approved for forbearance on July 10th, 2013 and backdated to May 8, 2013. I have read that others have had success getting late payments removed when there is a backdated forbearance granted,especially if it the lenders fault.

 

I was on the phone with a Fedloan Rep for over an hour today, and she mentioned there were a lot of notes in my account during those two months regarding my requests, but none of those made it clear if was their fault, so I will hope for the GW for these lates, due to the backdated forbearance, but I have some other questions/back-up plans as well.

 

 

 

LEGIT CLAIM #2 (See Link):  

 

Can someone explain to me how my all the CR bureaus are reporting OK for April 2013, then immediately 60 then 90 day lates for May and June, respectively????? This makes NO sense to me. There are only 2 months where I was supposedly defaulting, how can a 90 day late come from that? Or how can they skip the 30 day late completely? What about a grace period?

 

 

 

Also, if the GW doesn't go through, and I can't get at least the 90 removed due to the timing discrepancy, is there any chance for negotiating a PFD? I've heard of this with credit card companies, but will Federal SL Lenders do it too?

 

 

Thank you to anyone who takes time out of their day to help. It would be greatly appreciated!

 

 

 

Below is a screenshot of my CR showing the late payments going from OK to 60, 90. 

 

http://imgur.com/2ujoGfr 

 

Message 1 of 14
13 REPLIES 13
Regular Contributor

Re: Suspected CR Error Concerning Lates...PLEASE HELP!

The student loan reporting is absolutely awful.

 

I messed up and let my student loans go delinquent in oct 2010, and they became collection accounts in jan 2012, and then I consolidated and PIF in June 2014.

 

Transunion was able to keep up with everything, but equifax and experian deleted the original accounts, and only kept the collection accounts which report DOFD jan 2012.

 

The DOFD should be Oct 2010, but they refuse to update it, so instead of looking at a clean Oct 2017 date for all my reports, now its january 2019 >.<

 

I hate them so much. I must of disputed this crap 800 times to no avail. Written dozens of letters to the Fed aid office 

Message 2 of 14
Established Contributor

Re: Suspected CR Error Concerning Lates...PLEASE HELP!


@tfizzz wrote:
Hi, 

 

 

I think I have a couple legitimate claims on 2 lates for my FedLoan Servicing Student Loan. 

 

LEGIT CLAIM #1:

 

submitted a deferment request in May 2013, which was denied repeatedly for no good reason. I faxed the paperwork over at least 4 or 5 times, yet they claimed they never had the full documentation. Also, for some inexplicable reason, despite requesting temporary forbearance during the time my deferment claim was pending, it wasn't processed correctly, unbeknownst to me. Therefore I unknowingly accrued lates during this time. 

 

After finally speaking to a competent manager, I was immediately approved for forbearance on July 10th, 2013 and backdated to May 8, 2013. I have read that others have had success getting late payments removed when there is a backdated forbearance granted,especially if it the lenders fault.

 

I was on the phone with a Fedloan Rep for over an hour today, and she mentioned there were a lot of notes in my account during those two months regarding my requests, but none of those made it clear if was their fault, so I will hope for the GW for these lates, due to the backdated forbearance, but I have some other questions/back-up plans as well.

 

 

 

LEGIT CLAIM #2 (See Link):  

 

Can someone explain to me how my all the CR bureaus are reporting OK for April 2013, then immediately 60 then 90 day lates for May and June, respectively????? This makes NO sense to me. There are only 2 months where I was supposedly defaulting, how can a 90 day late come from that? Or how can they skip the 30 day late completely? What about a grace period?

 

 

 

Also, if the GW doesn't go through, and I can't get at least the 90 removed due to the timing discrepancy, is there any chance for negotiating a PFD? I've heard of this with credit card companies, but will Federal SL Lenders do it too?

 

 

Thank you to anyone who takes time out of their day to help. It would be greatly appreciated!

 

 

 

Below is a screenshot of my CR showing the late payments going from OK to 60, 90. 

 

http://imgur.com/2ujoGfr 

 


I have never heard of a student loan servicer even entertaining a PFD.  Honestly? This is one of the rare situations where I think that if the FedLoan folks aren't responsive then you should maybe contact the Student Loan Ombudsman. 

https://studentaid.ed.gov/sa/repay-loans/disputes/prepare/contact-ombudsman

 

I had some success getting reporting straightened out, although not completely. (One of the Credit Bureaus is to this day reporting incorrectly, but one is better than all three at least!) If you have some kind of documentation that indicates that the forbearance should have been backdated to May then the Ombudsman's office may be able to help get it straightened out.

Message 3 of 14
Member

Re: Suspected CR Error Concerning Lates...PLEASE HELP!

Thanks Invincible!!!

 

I had read about the Ombudsman on other threads. Sounds like a good option.

 

I definitely have paperwork that shows the forbearance was backdated, but my concern is that it doesn't prove that it was backdated due to the fault of the lender. I've read that is the main way the Ombudsman office will help. 

 

So, let's say the backdating approach doesn't work, is there ANY CHANCE I have a case with the OK, then 60/90 route? At this point, I'm just curious if that could be a legitimate reporting. As in, is that is even possible...



Does anyone have any thoughts on that?

 

 

 

Message 4 of 14
Established Contributor

Re: Suspected CR Error Concerning Lates...PLEASE HELP!


@tfizzz wrote:

Thanks Invincible!!!

 

I had read about the Ombudsman on other threads. Sounds like a good option.

 

I definitely have paperwork that shows the forbearance was backdated, but my concern is that it doesn't prove that it was backdated due to the fault of the lender. I've read that is the main way the Ombudsman office will help. 

 

So, let's say the backdating approach doesn't work, is there ANY CHANCE I have a case with the OK, then 60/90 route? At this point, I'm just curious if that could be a legitimate reporting. As in, is that is even possible...



Does anyone have any thoughts on that?

 

 

 


It shouldn't matter who's fault it was that it was backdated. If the account was backdated and legitimately in forbearance for May and June, then no payment was owed for  those months. How can a payment that wasn't due in the first place be late? I also think the 60-90 thing raises some eyebrows.

 

But the question is, will this do any good? Part of the problem is that you'll have to be very clear when explaining what you're seeking. In this case, it's fairly cut & dried:

  • Account was placed in forbearance and backdated.
  • Therefore there should have been no lates reported at all.
  • There definitely shouldn't have been a 60 & 90 day late, as that doesn't even match up with the timeline.

 

I will say this, though: sometimes there's only so much the Ombudsman's office can do. In my case, part of rehabbing a defaulted loan says that all mention of the default will be removed from a CR. I only managed to get that accomplished with two CRAs, and despite numerous screenshots of my actual credit report and a willing rep at the Ombudsman the darned thing still says " COLLECTION ACCOUNT DEFAULTED LOAN - CLAIM FILED AGAINST GUARANTOR". I haven't been as focused on addressing that, because my scores were still rising nicely and I felt like I'd done all I could anyway. So just be aware that you can have the very best case in the world and sometimes things still don't go in your favor. 

Message 5 of 14
Member

Re: Suspected CR Error Concerning Lates...PLEASE HELP!

You're the best Invicible! 

 

Thanks for your advice, and for the tempering of expectations! That is definitely appreciated also.

 

I will update on this thread with the outcome! 

Message 6 of 14
Established Member

Re: Suspected CR Error Concerning Lates...PLEASE HELP!

SL servicers are not obligated by law to remove lates when you backdate the forbearance/deferment period to before the payments were due. However, there seems to be a wide range of policies from one servicer to the next. Some will remove lates without your request, some will not remove them without an act of God, and then there's the ones in between. You might need to keep trying in your case.

In the end, you are responsible for monthly payments until you receive written confirmation your SL is in deferment or forbearance, regardless who's at fault on the paperwork snafu.

 

edit - I know this because I had a similar situation.

http://ficoforums.myfico.com/t5/Student-Loans/ACS-late-payments-dispute-or-GW/m-p/3734965

Message 7 of 14
Member

Re: Suspected CR Error Concerning Lates...PLEASE HELP!

Hi Yelikb, 

 

Thanks for the link, and your input. I didn't think they would be legally oblgated to, but hopefully I will be granted it this one time!

 

Did you have any luck with your GW???

 

Message 8 of 14
Member

Re: Suspected CR Error Concerning Lates...PLEASE HELP!


@InvincibleSummer3 wrote:

@tfizzz wrote:

Thanks Invincible!!!

 

I had read about the Ombudsman on other threads. Sounds like a good option.

 

I definitely have paperwork that shows the forbearance was backdated, but my concern is that it doesn't prove that it was backdated due to the fault of the lender. I've read that is the main way the Ombudsman office will help. 

 

So, let's say the backdating approach doesn't work, is there ANY CHANCE I have a case with the OK, then 60/90 route? At this point, I'm just curious if that could be a legitimate reporting. As in, is that is even possible...



Does anyone have any thoughts on that?

 

 

 


It shouldn't matter who's fault it was that it was backdated. If the account was backdated and legitimately in forbearance for May and June, then no payment was owed for  those months. How can a payment that wasn't due in the first place be late? I also think the 60-90 thing raises some eyebrows.

 

But the question is, will this do any good? Part of the problem is that you'll have to be very clear when explaining what you're seeking. In this case, it's fairly cut & dried:

  • Account was placed in forbearance and backdated.
  • Therefore there should have been no lates reported at all.
  • There definitely shouldn't have been a 60 & 90 day late, as that doesn't even match up with the timeline.

 

I will say this, though: sometimes there's only so much the Ombudsman's office can do. In my case, part of rehabbing a defaulted loan says that all mention of the default will be removed from a CR. I only managed to get that accomplished with two CRAs, and despite numerous screenshots of my actual credit report and a willing rep at the Ombudsman the darned thing still says " COLLECTION ACCOUNT DEFAULTED LOAN - CLAIM FILED AGAINST GUARANTOR". I haven't been as focused on addressing that, because my scores were still rising nicely and I felt like I'd done all I could anyway. So just be aware that you can have the very best case in the world and sometimes things still don't go in your favor. 


 

Hey Invincible, 

 

I wanted to get your opinion, do you think I should go straight to the Ombudsman Office or try a GW directly with my SL Provider?

 

Any foreseeable (dis)advatanges either way?

 

Thanks for any advice!

Message 9 of 14
Established Member

Re: Suspected CR Error Concerning Lates...PLEASE HELP!

I was partially successful. On the third or fourth call to ACS service number I got to a supervisor, she had me fax my confirmation letter dated in august. She called back and agreed to remove the 120 and 150 lates on one account, and all lates on the other account, she mentioned that was a reporting error on their part. So I'm left with a 60 and 90 on one account. I haven't tried GW yet to be honest. The removals they did give bumped me into low 700's so I should be ok on a car loan in the near future and they will be past 4 years when I expect to go for a mortgage.

 

 

Message 10 of 14
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