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TERRIFIED-student loan default letter from Account Control Technology

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Anonymous
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TERRIFIED-student loan default letter from Account Control Technology

I know I am a grown man but I literally couldnt not sleep because of this last night.

 

I defaulted on my student loan 20 years ago. Jobelessness and other reasons. Everyone has a story. Nevertheless I defaulted. I believe I owed 25k. This letter says I owe 60k.

 

Yesterday I got a letter from PHEAA(Pennsylvania Higher Education Assistance Agency). It was from a company called Account Control Technology Inc out of Kings Mills Ohio. The letter goes:

"You are given notice that PHEAA, pursuant to federal law(Public Law 102-164) will order your employer to immediately withhold money from your pay for payment of your defaulted student loans unless you take action set forth in this letter"

 

It goes on to say if I do not contact them within 30 days of the letter they will send a letter to garnish my wages up to 15%.

 

And I am terrified.

 

First lets put this out there-I owe the money. I want to pay it back.

 

But I am worried about the following:

1. This Account Control Technology is a debt collector. I have never dealt with an ethical one. I dont want to deal with them. Do I have to deal with them or another entity to get this handled?

2. If I set up a payment plan with ACT does this go on my credit report? Right now there are NO student loans on my credit report. I can only assume that after 7 years the defaulted loans dropped off. I have worked so hard to get my score to 650 and I do not want it to go down one point. I desperately need to buy a home for my family in 2020. How will this affect my credit report?

3. Can I dictate what I pay ACT? I, at this time cannot afford a 300-400 dollar payment. Can I negotiate something like $100 a month for a certain amount of time?

 

If anyone can give me advice on what to do I would really appreciate it. I will lose credibility at my job if I am garnished and with my family if I cannot get us a house next year because this student loan tanked my credit. 

 

Please help. Thank you.

 

 

Message 1 of 20
19 REPLIES 19
calyx
Super Contributor

Re: TERRIFIED-student loan default letter from Account Control Technology

Don't worry, we can help you (or at least help you help yourself).   And this is long, but hang in there!  We can help!

Federal student loans never go away;  although they might disappear off of your credit report, as soon as you applied for a mortgage, they would've seen that you had that debt, so it's very good that you work on it now.   They will also be garnishing any tax returns at this point, too, btw.

 

PHEAA or whoever owned your loan should have contacted you before, but lack of communication is pretty notorious with servicers and collectors.   That said, I will urge you to keep complete records and notes of all communications.     That means not only filing any correspondance with them, but taking notes with anyone you speak with.  I actually have a cheap notebook that I keep just for this reason. Names, dates, times, points made, who make the call, etc.  I'll even tell them to give me a minute to get my notebook and that I'll be taking  notes.    You can also ask them for the call log/recordings later (though whether or not they comply is another matter).


As for the amount:  Because you defaulted on your student loan, they were allowed to assess fees.  They can be pretty steep, and there's virtually nothing you can do to get them removed, as they're part of the federal gov't's rules and regs.    So you might have owed 25k once upon a time, but no longer  (they can charge up to 16% on the unpaid principle and interest whenever they sell loans, and who knows how many times they did that!).

Do yourself a favor and go to the Dept of Ed and download your student loan data directly, so you know where you stand:
https://nslds.ed.gov/nslds/nslds_SA/

 

They *can* garnish up to 15%, however, it sounds like you went into default years ago, and never resolved it, so I have good news for you:

You can call them up and request rehabilitation.   Rehabilitation is a program where you make 9 months of voluntary payments and when the program is done, the default is removed from your loan.   This will give you a current installment loan that will back date to the opening of your loans.   This means really nice, long tradelines which is really good for your score!      Because the date of first delinquency was so long ago, I don't believe the lates will be added to your account (probably just "no data").

 

Because this is a student loan, there are regs that the collector has to follow, which will work in your favor.   The servicer should discuss your options, and if you take rehab, the payment should start out at the amount you would pay under the IBR formula (15% of your discretionary income, which is determined by your income and size of family).   If you cannot afford it, they should work with you.   If you successfully rehab, then after you're assigned a new servicer, you can talk to them about the different payment plans.   I'm not on IBR, I'm ICR (a bit different), but I have no dependents (I file single, have no kids) and make a not-insubstantial income and I still only owe ~250/month, so you will likely be OK. 

You have two options, by the way, to get out of default:   Rehab and Consolidation.    I am going to tell you to take the rehab, because it removes the defaults and will give you long tradelines.    You could consolidate, which will start a new tradeline and you would begin payment plans on that.  You can choose your servicer with consolidation (I would suggest Great Lakes, Mohela, or Cornerstone).   

The upside to consolidation?  One tradeline, you start payments, it will be positive.
The downside?  it is a new tradeline, and that can hurt your mortgage scores (they like older lines)
The upside to rehab?  Positive tradelines (if you have more than one student loan), so the math works out better for age factors and OLD tradelines, which is great for your mortgage scores.
The downside?  It could be a lot of tradelines so if you miss payments that's a lot of negative information, the upside is that it leaves consolidation for the future if you need it.

Sabii and I tend to favor rehab by a lot.   I have a consolidated loan, because I defaulted a second time and saved my bacon that way (please don't be me).  In your case, I would work less hard to keep you away from consolidation because it appears that your default happened so long ago that it's not reporting on the CRAs.    Consolidation doesn't remove defaults or bring old lines current like Rehab does.

Also, you are very lucky that the CRAs are pretty automated;  technically, those student loans should still be reporting (due to the HEA), but I think they just drop everything after 7 years.

 

Let us know if you have any other questions!

Happy practitioner of AZE7or8or9or10 | Team Finances > FICO
Message 2 of 20
calyx
Super Contributor

Re: TERRIFIED-student loan default letter from Account Control Technology

I should also add that it sounds like we have lines from about the same time - At some point my loans were consolidated by the system into just Unsubsidized and Subsidized loans, so I had two tradelines.   If that's where you are, then I would urge you to rehab because 2 tradelines rehabbed would be most excellent and easy to track - and most servicers will only ask for one payment and split it for you (but please confirm this before taking my word for it).

Happy practitioner of AZE7or8or9or10 | Team Finances > FICO
Message 3 of 20
Anonymous
Not applicable

Re: TERRIFIED-student loan default letter from Account Control Technology

@calyx There's nothing left for me to say
That answer...

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Message 4 of 20
Shooting-For-800
Senior Contributor

Re: TERRIFIED-student loan default letter from Account Control Technology

 a lot of info provided.

keep in mind...

15% of your discretionary income not total pretaxed income

Rebuild started in 2014  -  $100k unsecured credit in 2017  -  $500k unsecured credit in 2024.

DON'T WORK FOR CREDIT CARDS ... MAKE CREDIT CARDS WORK FOR YOU!



Message 5 of 20
Anonymous
Not applicable

Re: TERRIFIED-student loan default letter from Account Control Technology

All-THANK YOU so much for your responses! I now have the guts to call them on Friday and get this process rolling.

 

So when I call them I tell them simply how much my discretionary income is? I dont want to provide them with too much info. Many many years ago I dealt with collections agencies and I am very shy about giving then information.

 

In fact-is their a way I should handle this call? I am sure they are going to ask for my bank account info, phone number etc. Do I have to give it to them?

Message 6 of 20
calyx
Super Contributor

Re: TERRIFIED-student loan default letter from Account Control Technology



It has been a long time since I rehabbed, but I don't remember giving my financial info - they asked if I could afford X payment (I think it was 200) and I said I could and that was that - but they had garnished my tax refund, so it's not like they didn't know how much money I was making already.  

I would call - let them know you would like to rehab your student loans, and go from there.    You can ask them what your payment is going to be and work from there to come up with a "reasonable" payment plan.    I know you're nervous about dealing with the CA, but I will say that student loan collection people are the only ones I don't have a super negative feeling towards - they were always nice and willing to work with me (likely because they were going to get their money one way or another, it's not like they have to threaten you, they have garnishment and other tools to work with).    I also don't feel uncomfortable sharing things like tax statements precisely because they'll get to my employer and how much I'm making there anyway.

Per the Dept of Ed:

Under a loan rehabilitation agreement, your loan holder will determine a reasonable monthly payment amount that is equal to 15 percent of your annual discretionary income, divided by 12. Discretionary income is the amount of your adjusted gross income (from your most recent federal income tax return) that exceeds 150 percent of the poverty guideline amount for your state and family size. You must provide documentation of your income to your loan holder.

 

If you can’t afford the initial monthly payment amount described above, you can ask your loan holder to calculate an alternative monthly payment based on the amount of your monthly income that remains after reasonable amounts for your monthly expenses have been subtracted. You’ll need to provide documentation of your monthly income and expenses, including a completed Loan Rehabilitation: Income and Expense Information form. Depending on your individual circumstances, this alternative payment amount may be lower than the payment amount you were initially offered. To rehabilitate your loan, you must choose one of the two payment amounts.

 

^  It looks like if you need to argue hardship or a lower payment then you'll have to share some financial information.

 

Most companies/servicers act like traditional loan payment places - you can pay online, mail in a checque, etc.      I know you are concerned about working with them, but consider that if you don't, they'll take the money out of your wages, and you'll still have a delinquent student loan to deal with, and while they're delinquent they can keep assessing more fees.    The negatives far outweigh the positives in that case - particularly if you hope to purchase a new home.

Remember that while you are desperate or concerned about this, that they're just trying to collect money you owe, and I think you'll be fine.   You will want to give them accurate contact information (phone number, mailing address), because if you don't stay on top of this, the loans could go back into default, and that would do you no good, either.   You can update your contact information at the NSLDS site to start with.   I use a PO Box for my address because I don't like people knowing where I live, and I use a google voice number for everything except my personal calls (so work, vendors, accounts, etc) so that my number stays more private and I can turn off calls outside of my "business" hours - so I totally get you about not sharing, but the student loan people?   They're with the feds, I share with them because they'll get it anyway.

Definitely make sure that the servicer/collections agency you call is the one that's listed in your NSLDS file, and you should avoid any problems (student loan scams are on the rise, and I'd hate for you to call the wrong agency!)


Happy practitioner of AZE7or8or9or10 | Team Finances > FICO
Message 7 of 20
calyx
Super Contributor

Re: TERRIFIED-student loan default letter from Account Control Technology

And as a side note: YOU CAN DO THIS!

I remember how nervous I was the few times I contacted servicers and had no idea what to do.  You'll get through this, and move on to bigger and better things!

Happy practitioner of AZE7or8or9or10 | Team Finances > FICO
Message 8 of 20
Anonymous
Not applicable

Re: TERRIFIED-student loan default letter from Account Control Technology

Calyx thank you so much for all of the information. I will be calling tommorow during my lunch hour. With you and others advice I will be able to handle this! I will report back afterwards.


@calyx wrote:

And as a side note: YOU CAN DO THIS!

I remember how nervous I was the few times I contacted servicers and had no idea what to do.  You'll get through this, and move on to bigger and better things!


 

Message 9 of 20
Shooting-For-800
Senior Contributor

Re: TERRIFIED-student loan default letter from Account Control Technology

150% of poverty rate is like $30k with kids

$100k per year is like $70k adjusted.

$70k-$30k = $40k x 15% = $6000/12 = $500 per month

 

Just an example.

Rebuild started in 2014  -  $100k unsecured credit in 2017  -  $500k unsecured credit in 2024.

DON'T WORK FOR CREDIT CARDS ... MAKE CREDIT CARDS WORK FOR YOU!



Message 10 of 20
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