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  1. I took out 6 small-ish private student loans (between 3k and 8k), the original promissory notes dating between 2005-2007. All have since been purchased by NCT. They were serviced by AES for years. Once they became due, I paid every month on all of them, to the tune of 19k total between 2009-2013. In 2013, my co-signer declared chapter 13 bankruptcy and--I just discovered last week--he was able to list the loans from NCT on his chapter 13 bk and listed me as the sole responsible debtor. I found out that my co-signer's attorney included the student loans in his Chapter 13 bankruptcy and that they are now listed on his credit report as closed and paid in full, showing all payments paid on-time, which is not the case. On mine, they show as closed and sold to collections, so they've been a negative mark on my report for 4 years. His bankruptcy list of creditors noted that the loans would be "paid by the co-signer," so I assume that's how he got out of them. I had been paying for 4 years on the loans but NCT put them into a default status automatically because of my co-signer's bankruptcy, which is an odd catch-22 for me, since I was paying was and the one who got hit with the default. I only found out they were in default back in 2013 when I tried to make a regular monthly payment and was not allowed to do so. I was informed that the bankruptcy was the reason, but at no point did my co-signer or his attorney let me know this was going to happen, and I never knew he had been able to include them in his bankruptcy. I assumed his status was also defaulted. Is there some legal requirement that his lawyer or NCT should have disclosed this information to me? I also thought I should have been protected as the co-signer and not held liable for his bankruptcy, since he filed Chapter 13. If you think there's a case here, or if NCT or my co-signer's lawyer acted improperly, please let me know. I was shocked that neither my co-signer or his attorney notified me that they were listing me as the only responsible debtor and that NCT basically forgave him the debt, especially since I had made all of the monthly payments on time and was never informed that I was suddenly going to be the sole debtor on the accounts. That situation is what began the credit problems that eventually led to my chapter 7. Largely due to the domino effect of the incidents in 2013, my credit became severely affected and my cards started closing and lowering their limits. I finally filed chapter 7 last year and my credit has been much improved since then, the 6 NCT accounts now charged off and sold to collections, as of 11/01/2013. So, I've just been keeping my fingers crossed that nothing else would happen with them. Wishful thinking. About 2 weeks ago, Weltman, Weinberg, and Reis began calling on the loans and I got the dunning letters last Monday. I have denied knowledge of the loans. I will be sending dispute letters and requesting validation. I spoke with a lawyer who last year helped me win a lawsuit against Portfolio Recovery Associates for FDCPA violations. He suggested standing and the statute of limitations as two lines of defense for my situation w WWR/NCT. It almost seems like all I can do in my case is wait for a lawsuit, since NCT/WWR will be unlikely to produce proof of ownership. Or, if the SoL is 5 years, to hope nothing happens until after this time next year, which seems unlikely. I believe the statue of limitations for written contracts is 15 years, but I've read conflicting information about Kentucky's laws regarding debt, and I've read that generally, most debt is subject to the 5 year SoL, so I'm a bit confused on that. If it were a motion for a judgment I would know a little better how things might go, but with just having this new collection starting, I want to make sure I do things to ensure I don't get more hits on my credit report. I'm kind of sick of taking the fall for this over and over again. Secondly, I'm waiting on a judge's decision for a MTD that I filed for my brother in early 2016. He has been sued by NCT for a loan that defaulted in 2006. We used standing as our reason, as I think 15 years is the SoL, and I believe his co-signer had been making small "good faith" payments on the defaulted loans. NCT answered our motion to dismiss, but the judge made no decision on our MTD for lack of standing. Instead, while we waited for a decision, NCT sent us discovery, which we answered (denied all), and then early this summer, the judge sent a notice that the case would be dismissed because NCT had not moved forward. I'm still curious as to why the judge has not decided on our Motion at all. NCT, of course, submitted a request more time and the judge granted it, so the case is still active and our motion has been ignored by the judge. I'm really confused on both of these NCT situations. If anyone has any thoughts, please let me know. Thanks so much. The knowledge and advice on this forum are the reasons why I've been able to weather so many of these challenges.
  2. Not sure what the correct group to post this is because it could go anywhere.... I'll apologize in advance for being overly wordy(i ramble lol). Ok, So here's the details: I'm 31 years old, had great credit in my early 20s, then got involved with substance abuse - long story short got addicted to pain medication thanks to an injury as a result from an accident and ended up being a straight up "junkie" - vehicle ended up repod, got divorced, racked up some CC debts, various cable bills/cell phone plans, a major hospital bill, and other debts, and basically skipped out on all of em for years. The Happy ending to my story is I'm almost 3 years clean, Have a good job now, Have a car which I've made on time payments on for just under a year, checking account/savings account, and have started the very long process of trying to dig my way out of the hole I've dug by trying to pay off some of my debts by negotiating settlements with CAs and paying lump sums(best deal I've managed to negotiate so far is $287 of a $787 debt). The bad part is that while I've [aid off a few things I'm still ridiculously deep in debt(If I include student loans which I know I'm never going to be able to ditchI'm probably $40k+ in debt, without student loans It's probably 18-20k). My credit score sucks ****(score is 561 according to experian). The majority of my debt's last date of any pmt was 2011-2012(I think I have 2 cell plans going into collections in 2013/14). I don't want to spend 7 more years dealing with no ability to qualify for a Credit card or get an apartment if I declare bankruptcy(although ironically while my credit history with virtually every other service became toxic, as far as apartment rental history goes I have almost 7 years of good standing/lease fulfilled in that regard) nor do I want to suddenly force the burden of repaying my student loans(have both private and federal ones) onto my parents who co-signed them. From what I've been reading the Debt consolidation services out there seem to not actually help my credit score(although it can't get much worse). I've been offered a secured card through a couple of the companies who I have settled debts with as well as USAA, and I'm thinking about opening up at least one with the hopes that They might help rebuild my score(Idk for sure about the CA settlement one, but I know the USAA one stated if I kept a good pymt history they would eventually change the card into and unsecured one, and whatever amount I initially put up would be put into a CD so I'd receive interest during the 2 years it was my "collateral" for the card. My question is what should I do to resuscitate my credit score? Should I go /w the secured cards to open up additional positive lines of credit, or will they end up not doing anything? Continue trying to contact the various CA's that have contacted me(plenty of the debts I haven't heard a peep from in years but just show up on my CR) and keep trying to negotiating settlements myself and paying them off, or go through one of the Debt consolidators? Just wait everything out for another 3 years and accept that I won't be able to get an apartment by myself? Or do I go /w the nuclear option and hit the bankruptcy button? If y'all need to move this topic somewhere else that's fine, I wasn't really sure where it fit best, but figured since I'm focusing on repairing my credit worthiness this thread might be best. Thanks in advance to anyone who can help! Just to summarize: Current Age:31 Current state of residence: TX Debts:40k+(16-20k student loans, 18-20k credit cards/medical/other) Credit score(561) Employed full time, has checking account, savings, Direct deposit, active vehicle loan /insurance /w current pmt history
  3. I'll try to keep this brief...I'm wondering if anyone can assist? I was contacted by a lawyer in Rhode Island in regards to alleged PRIVATE student loans from 2009 that would have been loaned to me through the school directly. If I owe the money I want to pay it, however I only have 20 days to file my response and I cannot get the school OR their lawyer to show me that I do in fact owe the money (I thought I only took out Federal loans, that's why I'm unsure of the validity of this debt). I have had consultations with two lawyers although I cannot afford to hire a lawyer AND pay the debt if it turns out there is proof of this debt. I want the schools lawyer to show me proof of the debt so I can ask them to settle for a lesser amount TODAY but they are not willing to show me any documentation. I understand a lawyer can file for discovery which will force the other lawyer to produce proof, however I can't afford a lawyer and I don't qualify for free or reduced legal aid. Can anyone tell me how to force them to show me the documentation that they have before going to court?? I just want to settle this matter! I would appreciate ANY input. Thank you!! Please see below for any additional information needed. -The debt is allegedly for $6,000 but they are suing me for $9,7000 for "fees and interest". - When I was served with the suit they attached one document: a signed enrollment agreement which explained what students should expect in terms of fees and tuition. It did NOT mention a loan. - The lawyer states that we spoke in March of 2015 regarding this debt and they were going to send me documentation of this debt. I do not recall such a conversation and I certainly never received any paperwork. I'm fairly certain this would be a violation of the fair collection act.... - Last year I requested a copy of my official transcript which the school provided. They state on their website that transcripts will not be provided to students with outstanding debt.
  4. Hi, I think I have a couple legitimate claims on 2 lates for my FedLoan Servicing Student Loan. LEGIT CLAIM #1: submitted a deferment request in May 2013, which was denied repeatedly for no good reason. I faxed the paperwork over at least 4 or 5 times, yet they claimed they never had the full documentation. Also, for some inexplicable reason, despite requesting temporary forbearance during the time my deferment claim was pending, it wasn't processed correctly, unbeknownst to me. Therefore I unknowingly accrued lates during this time. After finally speaking to a competent manager, I was immediately approved for forbearance on July 10th, 2013 and backdated to May 8, 2013. I have read that others have had success getting late payments removed when there is a backdated forbearance granted,especially if it the lenders fault. I was on the phone with a Fedloan Rep for over an hour today, and she mentioned there were a lot of notes in my account during those two months regarding my requests, but none of those made it clear if was their fault, so I will hope for the GW for these lates, due to the backdated forbearance, but I have some other questions/back-up plans as well. LEGIT CLAIM #2 (See Attachment): Can someone explain to me how my all the CR bureaus are reporting OK for April 2013, then immediately 60 then 90 day lates for May and June, respectively????? This makes NO sense to me. There are only 2 months where I was supposedly defaulting, how can a 90 day late come from that? Or how can they skip the 30 day late completely? What about a grace period? Also, if the GW doesn't go through, and I can't get at least the 90 removed due to the timing discrepancy, is there any chance for negotiating a PFD? I've heard of this with credit card companies, but will Federal SL Lenders do it too? Thank you to anyone who takes time out of their day to help. It would be greatly appreciated!
  5. Ok so I have a very confusing situation that I hope someone will be able to help me solve or at least point me in the right direction. Sorry for the long post! I took out a school loan from a University I attended in Spring of 2011, the loan was to be repaid from my federal student loan for summer courses I was taking. My loan came in and was credited to my account ( it said I owed nothing and was actually due a refund). When my grades for the Spring semester came in they did not meet the schools academic standards and I was dismissed. The only redeeming thing I could think of from that experience was that I had a bill in my hand from the school for $0.00. Fast forward eight months later, I get a bill from the school for the Spring 2011 loan that I believed and had documentation was paid off. Turns out the school said I was not eligible for the loan because of my Spring grades ( which do not come in until two weeks into the Summer Semester). I called and tried to talk to the school, which had added on a late fee before they even sent me notice of the bill. I have argued with them for years because they say they were supposed to return the entire loan and I have researched school loan policies and the school's policies and have found nothing. I have even talked to an attorney who has sent two letters offering to settle the matter for the original amount ( not the massive late fees they've added to the bill) which they have not answered. They have reported the debt to a debt collector that has in my opinion reported the matter in a fraudulent way. So I am disputing it as paid in full. What chance do I have at getting this removed from my reports? Didn't accord and satisfaction happen when it was paid? Experian said it was just an intermediary in the dispute process, which really isn't true because the debt collector can put their information up, but I get a small sentence saying I dispute the bill, I don't get to show where the bill has been paid. Anyway I know this is a long post, but hopefully someone has some advice for me! Thanks in advance!
  6. A family member of mine who is 55 years old just received an, "account statement" from University Accounting Services, LLC in WI listing a loan amount for $500, and requesting more than twice that, showing a current billing period of 90 days, and 3% interest. It was odd, since she does not recall the loan, and was only in "college" at age 19 for one semester, then dropped out (preggers). And she never went back. Subsequently, she lived in the same apartment (IL) for over 20 years...and has lived in her current home for about 6. This is the first time she ever received anything regarding this apparent student loan in over 35 years! We can't tell if it was federally backed loan, or not. Can't really tell if it's even real debt. She certainly has no idea. But, the company mentioned above is not contracted with the government as one of their known collection agencies, (though they are a subsidiary of Transworld, apparently, so...), so we are assuming it was a private loan, or through the private college, and therefore the Illinois SOL of 10 years would apply. Funny thing is, this was merely an account statement. It did not imply or otherwise state that they are a collection agency, nor did they imply that the loan was in default. It was simply a bill that literally looked like this loan had happened a few months ago. It did not mention a date of original loan, or any date whatsoever, except the current statement date. So, where to go with this one? I was thinking of sending a DV letter, but this (collection agency in sheep's clothing) did not intimate that it was an attempt to collect an old debt. If it's just an invoice, then presumably they will keep sending them month after month. Since there was no lingo at all about having 30 days to dispute, do we send a DV letter? If we don't, then do we lose rights to dispute? Anyone dealt with UAS before? Talk about blast from the past...bizarre! Any suggestions, thoughts or ideas? THANKS!
  7. My daughter has 3 student loans, 2 of which I co-signed on. She graduated 3 years ago and has never missed a payment on these loans. She also makes $20K more a year than I do! My question: is it possible for me to get off these loans? If so, how would I go about doing so? Thank you!
  8. I have 12 student loans from sallie mae 6 are GOV. back and are in default, and 6 private signature student loans from sallie mae that don't show up on the Federal Student Loan Database. When I look at the 6 six private loans on my credit report, I see that sallie mae keeps reporting the payment history as OK for a few months then updates them to late 30 days, 90 days, 120 days, after the 120 mark they start reporting as OK. They have been repeating this cycle since 2005. I never made a payment on these loans or have received a deferment or forbearance, and all this time they never defaulted me on these loans, In New york the SOL is 6 years which has pass and the so has the 7 years for the SOL on reporting them. It seems to me they are tolling the SOL on these loans which would be a violation, and from what I have read after 120 days the law states that are suppose to update those loans to charged off, which they haven't until last week when they now show charged off/transferred I just received a letter from a CA offering to settle these loans at a lower amount I have DV them and waiting for a reply. My question is should I start with the credit reporting bureau next then sallie mae or can I do both at the same time. Thanks
  9. I have an outsanding student loan in California from 1986 which ECMC is now threatening to sue me on.. I do know that student loan statute were removed by the congress a few years ago, does this apply retroactively in time ?
  10. The commission for collecting on overdue student loans has dropped from 16% of the entire loan amount to 11%, a move that is expected to reduce the incentive for collection agencies to push large payments instead of more affordable plans such as the Income Based and Income Contingent plans. From Bloomberg: http://www.bloomberg.com/news/2013-03-19/obama-cuts-student-debt-collector-commissions-to-aid-borrowers.html
  11. I took out some student loans from the US dept of Ed. during school. They are all currently showing up on my credit report separately...basically showing 8 different loans from each semester they were taken out. If I consolidate these loans will they change on my credit report too? So that they will show only 1 loan instead of 8 different loans? Currently I'm in default of these loans but am working on making monthly payments so that they can be rehabilitated. Once my loan is in rehabilitation and the US Dept of Ed takes back the loan I would like to know if consolidating them will make a difference on my credit report. Would hate to have all those loans showing up separately for the rest of my life...especially since I only make 1 payment on them. Any help or info on this would be greatly appreciated. thanks!
  12. I have paid, consistently, $40 per week to rid myself of student loans. Now, my MONTHLY payment amount is $39.90. What I have ACTUALLY been paying per month is $160. And YET, on my last student loan statement, of that $160, only $16.55 went to pay off the principal balance. WTF?! I'm going back in time, and based on these payments, I should have paid off at least $1100 (rounding) in principal, and a few hundred in interest. This has not been the case. Last year's $1465 in total payments against a $5500 student loan as resulted in only a reduction of $551 in principal. (Keep in mind, my actual annual obligation is like $478.80 if I paid the minimum as agreed) What the hell is going on? This is a federal direct loan. Anyone with insight, please help. **** ALSO, I include a statement with EVERY money order I send to direct each payment to PRINCIPAL where interest payments have been satisfied)
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