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  1. #1
    Join Date
    Jun 2009
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    8

    Default Unprofessional Credit Agencies

    My question involves collection proceedings in the State of: Kansas

    The question is, shouldn't I be able to send a certain amount of money each month directly to the Department of Education and stop all other collection efforts?

    Here's the problem, and I might find the answer if I keep surfing, but I'll state it again from my point of view: The first collection call that I received about my student loan was around 1985. They refused to send me written proof that they were authorized to collect on that student loan. They got nasty. I told them that if they sent me that information then I would send them money. I never received anything in the mail from them. If I remember correctly this place turned out to be fraudulent.

    I don't trust collection agencies that get hostile when you ask them to send statements. Two other collection agencies have been after me recently and when I asked for clear statements they dissembled and got nasty. One of them has a reputation on the net for asking for bank account information so that they could take money out directly. Neither of them seem capable of behaving in a professional manner and the fact is that if they are not capable of behaving in a professional manner they are not capable of forwarding the correct amount to the student loan agency. As I understand it regardless of their misconduct, which might go undetected for a very long time unless I have a way to watch them every minute, will not relieve me of the obligation to pay the student loan debt.

    So I've asked the student loan agency to send me a statement. They want me to go through the collection agency to make an agreement and I told them that the collection agency threatened wage garnishment when I insisted on seeing some kind of statement. If all that I am asking is that I pay through someone who is more reliable than a collection agency that acts crazy, I believe that I should be granted this request.

    They should put their repayment system online and ditch all of the collection agencies anyway.

    I get the strong feeling that the system that they have build around student loan defaults won't allow a lot of people to pay in any sane manner without harassment and without living in fear. The credit agencies deliberately make themselves impossible to trust and no one should ever be penalized for dealing directly with their creditor. From some of the letters that I've read here it seems like that's exactly what some of the agencies are doing.

  2. #2
    Join Date
    Apr 2009
    Location
    Inland Empire
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    1,410

    Default Re: Unprofessional Credit Agencies

    Quote Quoting DoneWithStupidCAs
    View Post
    My question involves collection proceedings in the State of: Kansas

    The question is, shouldn't I be able to send a certain amount of money each month directly to the Department of Education and stop all other collection efforts?

    Here's the problem, and I might find the answer if I keep surfing, but I'll state it again from my point of view: The first collection call that I received about my student loan was around 1985. They refused to send me written proof that they were authorized to collect on that student loan. They got nasty. I told them that if they sent me that information then I would send them money. I never received anything in the mail from them. If I remember correctly this place turned out to be fraudulent.

    I don't trust collection agencies that get hostile when you ask them to send statements. Two other collection agencies have been after me recently and when I asked for clear statements they dissembled and got nasty. One of them has a reputation on the net for asking for bank account information so that they could take money out directly. Neither of them seem capable of behaving in a professional manner and the fact is that if they are not capable of behaving in a professional manner they are not capable of forwarding the correct amount to the student loan agency. As I understand it regardless of their misconduct, which might go undetected for a very long time unless I have a way to watch them every minute, will not relieve me of the obligation to pay the student loan debt.

    So I've asked the student loan agency to send me a statement. They want me to go through the collection agency to make an agreement and I told them that the collection agency threatened wage garnishment when I insisted on seeing some kind of statement. If all that I am asking is that I pay through someone who is more reliable than a collection agency that acts crazy, I believe that I should be granted this request.

    They should put their repayment system online and ditch all of the collection agencies anyway.

    I get the strong feeling that the system that they have build around student loan defaults won't allow a lot of people to pay in any sane manner without harassment and without living in fear. The credit agencies deliberately make themselves impossible to trust and no one should ever be penalized for dealing directly with their creditor. From some of the letters that I've read here it seems like that's exactly what some of the agencies are doing.

    I get the strong feeling that the system that they have build around student loan defaults won't allow a lot of people to pay in any sane manner without harassment and without living in fear. The credit agencies deliberately make themselves impossible to trust and no one should ever be penalized for dealing directly with their creditor. From some of the letters that I've read here it seems like that's exactly what some of the agencies are doing.
    At the end of the day you really do have a choice. Play their way and take care of your obligation or don't. If you don't eventually Uncle Sam will take care of it his own way.

    Remember, student loans follow you to the grave.

  3. #3
    Join Date
    Jun 2009
    Posts
    8

    Default Re: Unprofessional Credit Agencies

    I doubt if that is the kind of help that this forum is for, Antigone.

    My concern is that it seems difficult to impossible to find a reasonable way to make the connection and actually pay on the student loan. It also seems that trying to pay invites more harassment. Abusive collection practices constitute bottom-feeding and have already made it impossible for some people to believe that they can actually pay their student loans.

    I'm probably going to talk to the student loan agency again once I receive a statement and establish, like any cautious consumer would, who receives my payments at what address, and just judging from some of the threads here, it seems that payers get harassed while they are actually making payments.

  4. #4
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Unprofessional Credit Agencies

    Since student loans and the collection thereof are exempt from the FDCPA, the previous poster was correct. As the recipients of government bailout funds are discovering, if you accept the King's shilling, you become the King's man.

  5. #5
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    Apr 2009
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    Inland Empire
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    1,410

    Default Re: Unprofessional Credit Agencies

    Quote Quoting divemedic
    View Post
    Since student loans and the collection thereof are exempt from the FDCPA, the previous poster was correct. As the recipients of government bailout funds are discovering, if you accept the King's shilling, you become the King's man.
    I like the way you put that

  6. #6
    Join Date
    Jun 2009
    Posts
    8

    Default Re: Unprofessional Credit Agencies

    It really would not have been hard to come up with better or more ingenuous advice.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Unprofessional Credit Agencies

    Quote Quoting divemedic
    View Post
    Since student loans and the collection thereof are exempt from the FDCPA, the previous poster was correct.
    Student loans are covered by the FDCPA. The question is whether the entity collection the debt is exempt, such as an in-house collector or a government agency.

    Quote Quoting divemedic
    View Post
    Since student loans and the collection thereof are exempt from the FDCPA, the previous poster was correct.
    Student loans are covered by the FDCPA. The question is whether the entity collecting the debt is exempt, such as an in-house collector or a government agency.

  8. #8

    Default Re: Unprofessional Credit Agencies

    Since your loans have been in default since 1985 (?), the Department of Education probably holds them or they should have been assigned them by the guarantee agency. Go to the National Student Loan Data Base (NSLD for students) and get a PIN and see what information the Department of Education is reporting on you.

    Have you thought of offering a settlement/compromise and paying them all off in a lump sum or perhaps within 90 days? http://www.studentloanborrowerassist...se-settlement/

    If you are interested in offering the Dept. of Education a settlement, you might want to look up who in your area at the Federal Student Aid division of the DOE has authority to make compromised settlements and write to that person with your offer and grievances with the collection agencies. At least their inspector general should look into how the collection agencies are doing their job.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Unprofessional Credit Agencies

    =DoneWithStupidCAs;323403]I doubt if that is the kind of help that this forum is for, Antigone.
    so tell us, what is this forum for? What kind of help were you expecting? It appears you are looking for a way to avoid payment.

    My concern is that it seems difficult to impossible to find a reasonable way to make the connection and actually pay on the student loan
    . Um, you have the name of the collection agency handling the debt, yes? Well, call them up and ask them where you can send the money. Simple.

    It also seems that trying to pay invites more harassment.
    Trying to pay? Trying means they have nothing in their pocket. They don;t want; I tried to send you money. They want "I sent you money"

    Abusive collection practices constitute bottom-feeding and have already made it impossible for some people to believe that they can actually pay their student loans.
    well, a debt from 85 shows you are in no hurry to make payment. What do you want from them? A invitation to dinner?

    I'm probably going to talk to the student loan agency again once I receive a statement and establish, like any cautious consumer would, who receives my payments at what address, and just judging from some of the threads here, it seems that payers get harassed while they are actually making payments.
    great and when they give you the address to send money to, send money. Quit arguing about they should do this and I want them to do that. Send them the money you owe and they go away.

    It really is a simple solution.

    Oh, but 24 years is way beyond cautious. That is evasive.

    but to your very first question:

    The question is, shouldn't I be able to send a certain amount of money each month directly to the Department of Education and stop all other collection efforts?
    if the Dept of Ed. agrees to such a payment plan; yes. Otherwise; no.

  10. #10
    Join Date
    Jun 2009
    Posts
    8

    Default Re: Unprofessional Credit Agencies

    JK, the fact is that people don't want legal aid that talks to them like that. Even paying no money is paying too much.

    Think through what you would say if you cared to get a message across to someone who is suffering from anxiety and paranoia and you didn't feel like feeding on their fear. The problem that most of the collection agents have is that they are very threatening and overbearing and most human beings know that they cannot trust people who act like that.

    Some day someone is going to have to document all of the fraudulent activities that have surrounded student loan collections and that might make a popular book. The first people who called me refused outright to send a statement and they turned out to be fraudulent. They called themselves "M.A. Miller Associates" and probably have no connection with any current "M.A. Miller Associates." That's one of the first red lights. No one who refuses to send you a statement is legitimate.

    So I'm going to tell you what kind of advice you should be giving:

    Get the agency that calls you to tell you who holds the note. If they threaten you for telling them that you need this information, they are crooked whether or not they have government authorization to commit crimes. They probably will threaten you because each person who calls you on the phone wants to add a commission to that week's paycheck. For God's sake do not threaten them back. People will show up on your doorstep who are even nastier than Animal Control.

    Call that party yourself. First tell them how the collection agency behaved. When they get enough complaints they will switch collection agencies. Also the person who was rude to you on the phone will not get that commission if you go directly to the holder of the note.

    Find out how to send payments to them and demand a statement. I would demand a statement both because a collection agency is likely to pad the bill and because they probably literally cannot calculate the correct amount.

    I still haven't found out if they are allowed to charge interest on the interest. Do any of you experts know this? Perhaps that lack of knowledge explains some of the attitude that I've received here. If you don't know something, bluster.

    The statement that I actually received from Student Loan Aid does not give entirely adequate information, either, and it is not in statement form. As an informed consumer I need to know by what mathematics they are calculating my debt. At the rate it's going I think that they're using someone who is math illiterate and who knows (yet) what rules they are calculating it under.

    Part of the problem is that they do not appear to be set up to calculate exactly how much a debtor owes at any given time. I don't know if you all see this as a problem but I do. I don't know if they are charging interest on interest, interest on fees, and with the non-structured statement, I can't tell which fees were entered or which fees were added.

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