My process on Rehabilitation with my defaulted school loans

Jan 292011
 

I’m brand spanking new to this forum and I have to say, its freaking amazing. It’s comforting to know that I’m not alone on the issue of trying to fix/rebuild my credit. Well, here’s my 2cents on the Rehabilitation Program for defaulted school loans. Any advise, tips or comments to help me on my situation is more then welcomed as well.


Back in June of 2008 I went into default with USA Funds, Inc. who was my creditor for my school loan. I entered to do a Rehab program with General Revenue Corporation (GRC) and completed it with no problem. 2 months later, my defaults with USA Funds were deleted off my credit record BUT my prior negative reports with Sallie Mae, before USA Funds took over, were still showing delinquencies. So I contacted Sallie Mae, their response was, “WE CANNOT DELETE ANY NEGATIVE/DELINQUENCIES PRIOR TO YOUR DEFAULT DUE TO SALLIE MAE’S POLICY BUT YOUR DEFAULT STATUS WERE DELETED.” Which then got me REALLY confused and feeling cheated because before I agreed to do the Rehab, I was told by GRC, that my default AND my negative/delinquencies prior to default were GOING to be deleted and brought up to a clean, paid on time records.


So I called Sallie Mae and requested a letter that states my completion of the Rehab Program and as soon as the letter arrived the letter stated this:


Dear **********,


Sallie Mae, Inc. is a servicer of student loans for national and state guarantee agencies.  We are pleased to inform you that you have successfully completed your rehabilitation program as of 06/24/2010. Your education loan(s) listed below was purchased by the lender and is no longer in default.


The guarantor, United Student Aid Funds, Inc., will notify the national credit bureaus to delete the defaulted status. As a result of your rehabilitation, the lender/servicer that maintained the loan(s) prior to this default will be notified. It will be their responsibility to correct any adverse credit reporting that they may have made.

 

The letter quotes, “The guarantor, United Student Aid Funds, Inc., will notify the national credit bureaus to delete the defaulted status.” which USA FUNDS, Inc, held their side of the bargain and deleted them asap! BUT this portion of the letter, quotes, “As a result of your rehabilitation, the lender/servicer that maintained the loan(s) prior to this default will be notified. It will be their responsibility to correct any adverse credit reporting that they may have made.” Now, is it not Sallie Mae’s responsibility to fix my past adverse (negative/delinquencies) reporting as the letter from USA Funds, Inc., Quotes? Sallie Mae were my original school loan creditor before transferring over to USA Funds, Inc. 

 

So I did some research and found this:

 

“Because the statute specifically refers to a stream of 12 payments as determined by the institution, the institution must work with the borrower to determine a payment amount that is appropriate. The statute does not require a signed rehabilitation agreement. In accordance with the 1998 Amendments, once the loan is rehabilitated (after the 12th payment has been made), the institution or its servicer must request that any credit bureau to which the defaulted loan was reported remove the default from the borrower’s credit history.  The borrower is brought current and is no longer considered to be delinquent or in default. Removing the default is consistent with the requirements of the Fair Credit Reporting Act (FCRA), which requires that an institution correct and update the information it furnishes to a credit reporting agency.”

 

- The Higher Education Act

 Section 674.39 Loan Rehabilitation

 

For full article of the law that states this claim, Google the above source, as I lost the link to the site. Sorry :(


So, in your guys opinion, does it seem like Sallie Mae is obligated to make the changes to my credit report? and I have the upper hand? If so, how should I approach this to where they can’t argue back and fix the issues.


I hope what I provided is of some help to others in a similar situation and if I find out anything else, ill be sure to post it up here for everyone.


Any advise, legal advise, tips or comments will be greatly appreciated. Thanks :)

Judgment Deleted very next day after dispute!

May 242010
 

I have a judgment on my credit report that I have been trying to pay for. I called the court house last week trying to find out who I pay, they gave me the number to to (collection agency) lawfirm that sued me I suppose. That lawfirm has no records of my case… They can’t even lead me in the right direction to pay it, so… Here are my questions. How the heck do I pay this? Should I pay this? Should I dispute it since they have no records, and can’t lead me in the right direction? I was never served that I can remember either, it was for 2006.

 

Ok about directv and Oxford Collection company.

 

I was given an alert via Myfico that my credit score dropped a little over 50 points… I was like WTH? So I check it out and it was from Oxford collection agency (directv bill I had). I called Oxford and they told me to pay them, I said nope… So I called Directv once a day for a week. I told them the truth, I requested my address and phone number be changed 3 times since I stopped using Directv, but everytime I called them it was the old address, so I was never getting my damn equipment return box. So finally I got ahold of a Supervisor (supposedly) I got her employee ID number as well as her name. After changing my address and phone number yet again I started telling her about how I have been trying to return this equipment but they keep sending the box to the wrong place, at which time I found out I could have just mailed it out myself. She started telling me how this was all my responsibility (which she was prob right), and that’s when I told her I was recording the conversation… She hung up.

 

I found the President of the Directv email address and emailed him. I got a phone call back within 2 hours. I believe it was a collector type person in his area or office. I proceeded to tell him how I have been trying to take care of this, and how I am not responsible for the damn 300. Early disconnection fee after 3 years of service. He told me yes I am, that when I upgraded to a HDTV box I was under a new 2 year contract, so I was responsible for 940. if I didn’t return the equipment which I have been TRYING to return for months. I asked him if he could please find where I signed that I agreed with this so called contract and send me the copies so I could present it to my attorney with the Fraternal order of Police (my union attorney), and that I was going to call the State Attorney General, BBB and let them know how malicious Directv is with adding sneaky fraudulent charges to peoples bills. He asked me if I could hold so he could gather those papers, I said sure… about 4minutes later he returned on the line and said “Ma’am if you send the equipment back then we will contact the credit bureaus and have the Directv reports removed by Directv, and I will not owe them anything else, to include my late payment, 300. Disconnect fee.

 

By the way I did give them the lady that hung up on me’s employee ID# letting them know how she claimed to be a Sup. even though she wasn’t and how she hung up on me.

 

Interesting. I did get his Employee ID# for verification and am sending the equipment out with a verification of delivery.

 

In case anyone needs this, it’s the list of Presidents and Vices for Directv (emails)

http://dtv.client.shareholder.com/officers.cfm

Judgment question as well as I beat directv!

May 232010
 

I have a judgment on my credit report that I have been trying to pay for. I called the court house last week trying to find out who I pay, they gave me the number to to (collection agency) lawfirm that sued me I suppose. That lawfirm has no records of my case… They can’t even lead me in the right direction to pay it, so… Here are my questions. How the heck do I pay this? Should I pay this? Should I dispute it since they have no records, and can’t lead me in the right direction? I was never served that I can remember either, it was for 2006.

 

Ok about directv and Oxford Collection company.

 

I was given an alert via Myfico that my credit score dropped a little over 50 points… I was like WTH? So I check it out and it was from Oxford collection agency (directv bill I had). I called Oxford and they told me to pay them, I said nope… So I called Directv once a day for a week. I told them the truth, I requested my address and phone number be changed 3 times since I stopped using Directv, but everytime I called them it was the old address, so I was never getting my damn equipment return box. So finally I got ahold of a Supervisor (supposedly) I got her employee ID number as well as her name. After changing my address and phone number yet again I started telling her about how I have been trying to return this equipment but they keep sending the box to the wrong place, at which time I found out I could have just mailed it out myself. She started telling me how this was all my responsibility (which she was prob right), and that’s when I told her I was recording the conversation… She hung up.

 

I found the President of the Directv email address and emailed him. I got a phone call back within 2 hours. I believe it was a collector type person in his area or office. I proceeded to tell him how I have been trying to take care of this, and how I am not responsible for the damn 300. Early disconnection fee after 3 years of service. He told me yes I am, that when I upgraded to a HDTV box I was under a new 2 year contract, so I was responsible for 940. if I didn’t return the equipment which I have been TRYING to return for months. I asked him if he could please find where I signed that I agreed with this so called contract and send me the copies so I could present it to my attorney with the Fraternal order of Police (my union attorney), and that I was going to call the State Attorney General, BBB and let them know how malicious Directv is with adding sneaky fraudulent charges to peoples bills. He asked me if I could hold so he could gather those papers, I said sure… about 4minutes later he returned on the line and said “Ma’am if you send the equipment back then we will contact the credit bureaus and have the Directv reports removed by Directv, and I will not owe them anything else, to include my late payment, 300. Disconnect fee.

 

By the way I did give them the lady that hung up on me’s employee ID# letting them know how she claimed to be a Sup. even though she wasn’t and how she hung up on me.

 

Interesting. I did get his Employee ID# for verification and am sending the equipment out with a verification of delivery.

 

In case anyone needs this, it’s the list of Presidents and Vices for Directv (emails)

http://dtv.client.shareholder.com/officers.cfm

Troubleshoot letter to attorney, please!

Mar 182010
 

I am looking for feedback on this letter – basically, I had an OC get a judgment against me.  There is a CA currently reporting 2 TLs on this debt, and my state tax refunds are being garnished.  I wrote to the court to ask for the current balance and whom to pay, and they directed me to the attorney and said that they do not track payments.  This letter is to the attorney – I wanted to bring up the CA and the judgment issue in hopes of gauging his position about them based on his suggestion while not seeming too demanding. 

 

Dear (Attorney),

 

I am writing regarding the balance on this judgment.  At the time when I incurred this debt, I was not in a position to pay it.  I would certainly have preferred to pay OC and get my car back, but my financial situation at the time made it impossible, especially with the daily storage fees.  This does not alleviate my responsibility, but it is the extenuating circumstance that led to this unfortunate situation.  I am interested in settling this matter.  I would like to resolve this matter in a manner that would benefit both OC and myself.    I have a few concerns about settling this matter: 1) CA has 2 collection accounts listed for me for OC and 2) I have a judgment against me.  As such, I request a current accounting of the amount owed, and your suggestions as to how to proceed regarding the other two items.  Please contact me at the address above, or at my email address, (my email).  I look forward to your reply.

 

(my name)

 

 

 

Judgment question

Mar 012010
 

i have 1 judgment on my CRs. this is from a chase credit card charge off. i paid in full last july and got a  satisfaction of judgment letter. here is what it looks like on my TU report

CIVIL COURT OF THE CITY OF NYC Docket#xxxxxxx

address  TYPE: civil Judgment  Date Filed: 11/2006 Responsibility: Individual Amount: $3,xxx  Estimated date that this item will be removed: 10/2013

it doesn’t show any status, not stating that i paid in full. is this normal?

on my experian report, it doesn’t show this judgment, but it has 2 credit items for this card.

CHASE BANK USA 

status: TRANSFERRED, CLOSED. $3,XXX WRITTEN OFF.

creditor’s statement: Purchased by another lender.

Account hisotry:

charge off as of dec 2005

180 days past due as of feb 2005 – no 2005

……………………………………………………….

XXXXX COLLECTION

status: Paid, Closed

account history:

collection as of jul 2007 to jul 2009, feb 2007, nov 2005

——————————————————————————–

on my Equifax report, it shows the judgment

Type: Judgment 

Date Filed: 11/2006

Case #:  xxxxxx

Court #/name:

court address:  xxx, brooklyn, ny

Plaintiff: xxxx

defendant: my name

Amount: $3,xxx

Status:

Date reported: N/A

Satisfied Date:

Verified Date:

Comments:

————————————

i noticed that the last 4 lines out of 3 are blanks.

ok, here are my questions. it looks like the judgement only showed up on my TU and Equifax. nothing else. but my Experian report doesn’t show the judgment but 2 “potentially negative” items. is this normal?

so, it looks like the judgment on TU and EQUifax don’t show that i paid…am i wrong? what can i do with it?

then i have the ‘satisfaction of judgment’. it’s like that

 WHEREAS, a Judgment was on xx day of DECEMBER, 2006, recovered by plaintiff, xxx collection, against the defendant ‘my name’, in the above entitled action for the sum of $3,xxx, which Judgment was entered on the xx day of DECEMBER, 2006, duly entered in the Office of the County Clerk of KINGS, and WHEREAS, said Judgment was wholly and fully paid.

THEREFORE, satisfaction of said Judgment is hereby acknowledged, and the Clerk of the County of KINGS, is hereby authorized to cancel, satisfy and discharge same.

 

do i send this letter to TU and Equifax? or do i try to bring this letter to the court and file motion to vacate judgment(read it on the forum as the only way to remove)

please help me

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