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collection agency doesn't want me to rehab

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Anonymous
Not applicable

Re: collection agency doesn't want me to rehab

Oh, and NSLDS has not changed; it says that it is "defaulted, unresolved" and dated last October, by which date it certainly should have been resolved, and the "servicer/lender information" bit still lists my college and its address.  It never changed to show CA#1 at all and has never said the name of the company that has been administering the loan all these years (with all its glorious incompetence).

Message 21 of 45
calyx
Super Contributor

Re: collection agency doesn't want me to rehab

Wow <-  I'm sorry you're dealing with this headache.


I hope I have this right - CA#1 has the  nice lady you're dealing with and are currently making payments, with, yes?

If I have that right - I think after you confirm everything with CA#1, you should definitely take your proofs and chat with CA#2.  
If they don't drop their claim/calls, I would file a complaint with the CFPB.

I read a lot about Perkins loans after reading your plight and it looks like the school can either keep it or reassign it, but they've opted to keep it.  You'd think they could be bothered to make sure their servicer is actually competent.    I would send them a letter letting them know about all of the issues you've had trying to get this perkin's loan out of default/paid.  

Happy practitioner of AZE7or8or9or10 | Team Finances > FICO
Message 22 of 45
Anonymous
Not applicable

Re: collection agency doesn't want me to rehab

If NSLDS never updated, unless you saw this on your official credit report (not credit Karma), you have no idea who you paid. And since it sounds like you don't have statements or a letter of your completed rehab, there is absolutely no proof that you've actually been paying an official organization for your loan. Yes, I'm sure those payments are coming out of your bank account. That means nothing. Unless you are sure you're doing what you think you're doing it is best to take a step back.
If I'm not mistaken Dept of Education has a phone number you can call to find out where your loan is now.
It would do no good to dispute the debt. You owe what you owe. If you ended up making payments to a "collection agency" that didn't have the loan or was a scam, unfortunately you will be held accountable. Worst case, if it's a scanm and you'll end up having to rehab again.
Message 23 of 45
Anonymous
Not applicable

Re: collection agency doesn't want me to rehab

@calyx Almost. CA#1 gave the loan back to Student Loan Servicer (whose website never updated and still said it was with CA#1 and I was even told it was with CA#1 by both an agent via live chat and a supervisor via email; then they called me twice the week after Supervisor told me that saying "Uh we have your loan call us to make payment arrangements").  CA#1 had a nice lady once but she transferred the call over to "my" rep who was not so nice and lied until she realized I wasn't an idiot who would take things lying down (she is the one who wanted to split the balance of the loan into 9 equal payments and claimed the school refused to budge on the amount of my payments which is why I paid 2.5x per month to get the loan out of rehab than I had been paying previously).


Student Loan Servicer had the nice lady I had talked with last month who said it was "disturbing," the lack of information about where my loan was and why. They managed to lose the loan enough that they couldn't contact me to pay on it but not enough to keep from reporting it to the credit bureau even while their website claimed it was with CA#1.  They are the ones I started making payments to again.


The week Student Loan Servicer was calling me to set up payment arrangements (July 4th week) or shortly thereafter was about the same time my account with them online switched to saying it was with CA#2.  CA#2 is now demanding I pay them and saying the loan is in default. All because SLS dropped the ball in a major way.

 

@sabii The SLS is a legitimate one who often services Perkins loans but they are apparently infamous for their incompetence. Losing paperwork for deferments and forgiveness for those who qualify (like me, I could have had this entire loan completely forgiven), not processing payments, and they charge something like $5 a payment if it's not auto-pay.  I've read numerous accounts of people who paid off early just to avoid dealing with their shenanigans.  The NSLDS data has always said the loan is with my college; in the 9 years since I graduated it never once said that had a loan with SLS.  I think it has something to do with how Perkins loans are able to be administered either by the school, or by a servicer of their choosing (or else this servicer does all Perkins loans not serviced by the schools, I am not 100% on that but did read this somewhere).  CA#1 is a legitimate agency that deals with a lot of educational loans, apparently (same with CA#2, and interestingly they are located in the same town about a 10 minute drive from each other, according to Google maps).  However, as with you, never having received confirmation that I completed the rehab has me concerned.  Who should have sent me a letter saying I had completed it, is it from the collection agency? Or from the student loan servicer?  I've done some reading but am not clear on that point. If it should have come from CA#1, I will call them and pester them until they send me proof.  I do have emailed receipts from CA#1 for my monthly payments on XYZCollegePerkinsLoan for all but the first one, for some reason.  The loan does show up on my official Experian report as assigned to a collection agency.  I haven't attempted to dispute anything because I think it would probably make things worse; I want to wait until things get straightened out and then try to fix the reporting as collections with late payments (including for months that there was no one to pay to since it was MIA) if it is necessary.

 

I have more than $60k in loans that I am paying on every month with zero issues (knock on wood) and this stupid loan that is barely over $1k ($1500 with collection fees) is the absolute bane of my existence.  I should have just gone to community college.  Ugh!

Message 24 of 45
Anonymous
Not applicable

Re: collection agency doesn't want me to rehab

Hmm I just logged in to my account with Student Loan Servicer and where this morning, it stated I had a payment scheduled for Sept 1st, now it no longer does...

Message 25 of 45
calyx
Super Contributor

Re: collection agency doesn't want me to rehab

I don't know how financially feasible it is for you, but if it's possible to pay off the Perkins loan in one payment, it might be worth it to talk to SLS and negotiate something like a PFD wherein they take back collection authority (so the collections accounts are removed) and mark the loan as closed/positive on their end.   

 

The caveat of course is that we know student loans (particularly Perkins) have all kinds of legal-reporting stipulations, but we also know that the groups can report differently if they choose to do so.   I feel like a closed/positive tradeline with 100% payment might be worth it to everyone just to make the pain end, if it's possible on your end. 


Happy practitioner of AZE7or8or9or10 | Team Finances > FICO
Message 26 of 45
Anonymous
Not applicable

Re: collection agency doesn't want me to rehab

Wish I could, I've considered doing something like that!  Unfortunately I had an unexpected ER visit a few weeks ago so I'm waiting to see what that's going to cost me (also waiting on some dental work I need done due to that).  Unsurprisingly I haven't received a response email. I haven't called because I've been sick and lost my voice so talking on the phone isn't really an option at the moment. I did email CA#2 saying I'd received correspondence from them and seeking clarification since I was making payments to SLS, mostly to keep them from getting progressively nastier in their attempts to collect.

 

One thing I'm wondering is, since there seems to be no proof anywhere (including with the feds) that I completed my rehabilitation, will rehab be an option with CA#2?  And will I be forced into a monthly payment that's more than double what my original payment was?  The latest letter only mentions consolidation, but then CA#1 also only mentioned paying in full or consolidating at first sooo...I'm curious.  Like @sabii has been saying, I'm definitely wondering now, who was I paying that $900 to? My balance did shrink in that time but were the payments just counted as voluntary payments?  The SLS rep said there wasn't anything in my file about completing rehab so I don't even know what's going on.  I just want this to be over with.  I will definitely get all correspondence pertaining to rehab in writing if I ever have to do it again, ugh.  I was trying to do the right thing and still got screwed over.

 

This whole thing is just a comedy of errors, except it's really not funny.

Message 27 of 45
calyx
Super Contributor

Re: collection agency doesn't want me to rehab


@Anonymous wrote:

 

One thing I'm wondering is, since there seems to be no proof anywhere (including with the feds) that I completed my rehabilitation, will rehab be an option with CA#2?  And will I be forced into a monthly payment that's more than double what my original payment was?  The latest letter only mentions consolidation, but then CA#1 also only mentioned paying in full or consolidating at first sooo...I'm curious.  Like @sabii has been saying, I'm definitely wondering now, who was I paying that $900 to? My balance did shrink in that time but were the payments just counted as voluntary payments?  The SLS rep said there wasn't anything in my file about completing rehab so I don't even know what's going on.  I just want this to be over with.  I will definitely get all correspondence pertaining to rehab in writing if I ever have to do it again, ugh.  I was trying to do the right thing and still got screwed over.


I mean, honestly, that's how I would handle it.
They have a choice:   Admit that you completed rehab (which then opens that can of worms) or don't admit the rehab, so it never happened and you can do it "again" (but really for the "first time").

 


This whole thing is just a comedy of errors, except it's really not funny.


I feel you, I had my own issues with student loan servicers not doing what they said they were doing and dropping from the face of the planet.  I'm just glad mine's old enough not to still haunt me.    Good luck, I hate that you're going through this.

Happy practitioner of AZE7or8or9or10 | Team Finances > FICO
Message 28 of 45
Anonymous
Not applicable

Re: collection agency doesn't want me to rehab

I'm sorry to hear about the medical &amp; life emergency you've been through. It's okay to focus on that; garnishment would never hold up in those circumstances anyway.
SLS is CA#2, correct?
No, I'm 99% sure you didn't complete rehab. If not by the lack of a letter, definitely because you said the CA switched in the middle of repayment.
Yes, the payments you made were being credited as voluntary payments. Go back and account for every penny. Get your bills from CA#1. You can get this resolved (I'm pretty sure something is missing), but I would put it on the back burner. No, you were not required to make those payments. You have the right to have your income and expenses taken into account. If you don't want to give your bills, etc for expenses they can still calculate based on your income. Even garnishment only takes 15% max I believe. Yes, they were av real CA, but I really believe what they are doing is a scam. It's illegal to collect on a debt you no longer own or have the right granted to you.

I would rehab again, but only after this settles. There is no rush. Usually if you make voluntary payments of 15% they can't garnish you. I doubt you will need to do this as CA#2 seems to want to work with you. Your financial situation now would actually help; your payments on rehab could be really low if you list them as expenses. I would still call the Dept of Education and make sure they officially have your loan. Student loans have taught me to trust no one, not even nicer people, and always get everything in writing. Hopefully you're still keeping the log. You're going to need it.

If CA#2 is also unwilling to do what they are supposed to do or if adding for something that seems shady, I wouldn't make any commitments with them. Use the Ombudsman or CFPB to make them do what they are supposed to. Your payments due be extremely low given your circumstances. Save the bills, paperwork and make sure it's rehab not consolidation. A small suggestion is to also have a dedicated bank account for student loan payments to come out of if that's possible. This will prevent errors in autopay.

I can give you resources on the income/expenses form or whatever else you need. Good luck.
Btw, are you on an IDR plan for the other loans in good status?
Message 29 of 45
Anonymous
Not applicable

Re: collection agency doesn't want me to rehab

@calyx I do think I will try for this angle, just not sure who to contact first...the student loan servicer, or the collection agency (#2) that now holds it? When you rehabbed, do you remember if you got the "you completed rehab!" letter from the collection agency, or from the loan servicer?  I am trying to figure out who should have sent me this documentation, if it ever existed.

@sabii, I actually completed 9 months of payments to the first collection agency, and after those completed, they sent the loan back to my school/the student loan servicer. I know it's kind of confusing to keep up with since there's so many entitites involved.  They forced me to do payments that were 2.5 times more than the original loan payment.  When you say to get my bills from collection agency #1, do you mean call/write them to request my monthly statements in writing? I do have monthly statements via email.  Actually, let me post the text of one of those (anonymized).

 

You have authorized Collection Agency #1 to process a credit card payment in the amount of $100.00 on (date). The payment will be applied towards your outstanding balance. You may stop the deposit of this payment by contacting our office either orally or in writing prior to the scheduled date of the deposit. Should there be a remaining balance and you decide to pay it in full, you may call or send an email to our office. Payment may also be made on our Internet website at http://www.westealmoney.com. Additionally, you may view account information at our website by selecting the "Check Your Balance" option.

Collection Agency #1

Lying Rep Name

Phone number

lyingrep@westealmoney.com

This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.

State Permit Number 123

 

Is that typical language for a rehab payment statement? This was all brand new to me so I didn't know what to expect.  They did not try to collect money from me after they sent it back to my school/the student loan servicer.  Basically the timeline was this:

 

Fall 2010 begin making payments

Fall 2012 go back to school full time; loan goes into deferment

Spring 2014 graduate

Summer/Fall 2014 begin making payments regularly

Fall 2016 become unemployed due to life change and move

Fall 2016-Spring 2017 make sporadic payments but fall further and further behind (my other loans were on IBR with $0 payment at this time).

Late Spring 2017 move to home state, procure a job finally.

Summer 2017 Loan goes into default without me realizing it (I am fairly certain it defaulted after 120 days, four months, instead of 180. Wish I could find my statements from that time frame).

Mid-late summer 2017 Collection agency #1 calls, tells me to pay in full, pay in 3 payments (or something like that), or consolidate. I make it clear I will not consolidate all my loans for this one tiny one. I go home, do research, find out about rehabilitation, next time I talk to rep I tell her I want to rehabilitate. She is not happy.  She tells me I have to divide the full balance into 9 monthly payments to rehab. I tell her that's not how it works. She is not happy. I state how much I can pay. She says she will have to talk to the school. 

Fall 2017 after some back and forth she finally "talks to my school" and says they are insisting on a payment of either $100 or $150 but would prefer $150. I feel backed into a corner but want to get this over with so I agree to the $100.  I am pretty certain that she had me give her my account information for electronic withdrawal. Payments start in October.

June 2018 final payment is made, I am excited because once it's out of rehab I can apply for loan forgiveness due to my profession.  Something about it on Credit Karma changes but I don't remember what.  I wait a few months knowing it takes time but never hear anything.  Life happens and I forget about it for a while (dumb move!).

Spring/early summer 2019 I check Credit Karma, see late payments on this account and that it's still noted in collections.  I am curious what's up so in June I:

1. call collection agency #1; they state they gave it back to my school a year ago almost to the day

2. contact student loan servicer via live chat. They state loan is with collection agency #1.

3. contact my school via the alumni liason who forwards my question to someone who forwards it to someone else who has someone respond telling me they don't deal with the Perkins loans. After some back and forth, this person contacts the student loan servicer directly.

4. a supervisor from the student loan servicer emails me to say they don't have the loan, it's with collection agency #1

5. a few days later, Monday of July 4th week, she calls to say they found my loan and I need to call to set up a payment plan

6. two days later (I believe) another rep calls and says the same thing

7. the following week on Tuesday, I call and speak to the rep who looks through the notes, sees the payments but nothing about rehabilitation, calls it "disturbing" and sets me up on a monthly payment plan. When discussing amounts, I said I thought it was supposed to be what I used to pay; she says that because the balance is $1400~ they will want more than my old payment but I tell her I had done rehab, she looks and sees the payments, and sets me up on the old payment plan of $40/month. I schedule a payment for the following day and then for the first of each month following. She tells me I'll get a statement in the mail and a letter about completing rehab.

8. a couple weeks later collection agency #2 sends me the first letter about the debt and says I have 30 days to dispute it

9. another letter arrives a few weeks later that is basically a bill/invoice for the full amount

10. another letter saying they've tried "many times" to contact me arrives and tells me I can consolidate the loan if I can't afford to pay in full

11. I email the supervisor from the student loan servicer twice, and email collection agency #2 (this was last week)

 

From the very beginning of this fiasco, when that first rep from that first collection agency tried to jerk me around, I started keeping notes because I wanted to contact the Ombudsman because the whole thing seemed so mismanaged and shady, and I wondered how many of my fellow students had they bilked with that "divide it into 9 monthly payments" thing (my school is a private school without a ton of funding so most students leave with crippling debt; mine was in the $35k range from there with the maximum academic scholarship they offered; most students were not as fortunate). I had wanted to complete the rehab and get it back into repayment before opening that can of worms. Now I wish I'd just gone for it.

 

Regarding my other student loans: approximately $60k (just barely under that, now) left of Stafford and Direct loans, a mix of subsidized and unsubsidized; the highest interest rate is 6.8% and the lowest is around 3.5 or 4% (can't remember off the top of my head).  I have two different servicers, one from undergrad (who sold a couple of the biggest loans to another servicer) and then from my secondary degree who are all with that second servicer (the same one who bought a few of my loans from undergrad).  The first servicer I'm on standard repayment, the second servicer I thought I was on standard repayment but I logged in the other day and it said IDR; I used to be on IBR but don't think I qualify anymore.  The payments come out to around $600 a month which is around 20, maybe almost 25% of my take home pay monthly (I'm paid hourly so it varies a bit; it'd be close to 25% of a tighter month).  I'm married though, so my husband's income would count towards calculating my payments.  It hasn't been a hardship to make the payments, I just can't go crazy with other spending, you know? 

 

Guess I need to contact the DoE this week and see if they know what the heck is going on with this loan.  Sigh.

Message 30 of 45
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