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  1. #1
    Join Date
    Sep 2011
    Posts
    2

    Default Default Judgment Wrong

    My question involves collection proceedings in the State of: Ohio? or Illinois?

    Live in Ohio, went to school in IL. Defaulted on three student loans WHILE I was enrolled in school full-time. My last semester senior year, I started to receive letters from AES, who was collecting loan for Wells Fargo (originally taken out through Wachovia) saying loan was due. I explained I was in-school full time and they said no problem, just fax verification. I faxed twice and twice they claimed they never received it. We had months of back and forth conversation and arguments between AES, Wells Fargo and myself. Seriously exhausted every option to take care of this except legal. I did it third time, of which I have a copy of ORIGINAL OFFICIAL FAX from my university sent to AES, which was their specific form, with attached registration and record, stamped from my university. I have documented conversation with first name of someone from Wells Fargo saying in-school deferment was okay. In fact I did this also with my federal student loans, one of which was serviced by Wells Fargo, and did not have a problem. Ultimately though I received a letter from Wachovia Recovery Processing asking for payment in full because the Wachovia/Wells Fargo private loans were charged off. I basically graduated from college and a week later defaulted. Both agencies (AES and Wells Fargo) wiped their hands of any wrongdoing and refused to do anything to resolve issue, jjust passed me back and forth. My university couldn't do anything except repeatedly fax this form. I have been left with destroyed credit and high monthly payments. They bullied me into payment plan which I have done for over a year. Can they really declare that I defaulted because they didn't recieve a fax? If they come after me and it goes to court could I not just show the documents I have? I really am not a dysfunctional person, I have just somehow brought on this ridiculous situation. I have paid high monthly payments on time for 20mos. They want me to up them... and I want this wrongful default removed. Can i do ANYthing?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,847

    Default Re: Default Judgment Wrong

    You should always back up a fax with a mailed (preferably certified) copy. Despite the title, you do not appear to have a default judgement. A default judgement comes from a court (when you don't show up). You can follow the dispute rules with he credit bureau. Get the copies of the info from the school and fax and MAIL the supporting documents again.

    However, once you set up a payment plan, you've probably lost the right to waive payment because you're still a student.

  3. #3
    Join Date
    May 2011
    Posts
    638

    Default Re: Default Judgment Wrong

    I agree. You're probably stuck with the payments if you agreed, but it shouldn't be hard to clear up your credit rating.

  4. #4
    Join Date
    Sep 2011
    Posts
    2

    Default Re: Default Judgment Wrong

    Yeah, I was wrong about the default judgment. I did set up the payment plan right away, because I wasn't aware of any other options. Once they were "charged off" there was nowhere I knew of to dispute or challenge this... I didn't want them to keep damaging my credit. What should I have done before I agreed to a payment plan?

    I can dispute with the credit bureau by faxing them those documents?

    Also, the university did mail a copy of the fax.

    Thanks for your help.

  5. #5
    Join Date
    May 2011
    Posts
    638

    Default Re: Default Judgment Wrong

    Contact the credit report dispute agency (Google.) There is one which handles all three major bureaus. Get someone on the phone and get a name and tell your tale of woe. Then send your proof to that person. Federal law is strict with those agencies and you shouldn't have much trouble getting the negative removed.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,847

    Default Re: Default Judgment Wrong

    I suspect you are talking about the Federal Trade Commission which regulates the credit reporting industry. www.ftc.gov/credit.

  7. #7
    Join Date
    May 2011
    Posts
    638

    Default Re: Default Judgment Wrong

    Quote Quoting flyingron
    View Post
    I suspect you are talking about the Federal Trade Commission which regulates the credit reporting industry. www.ftc.gov/credit.
    That's one and they have the form for the dispute.

    I'd also read this: http://bucks.blogs.nytimes.com/2011/...port-errors-2/

    Remember, if you successfully challenge and correct with one of the three companies, they are required by law to forward the information to the other two.

    Here's a forum which might help with answers: http://creditboards.com/forums/index.php?act=idx

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