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Have you experienced any problems with you student loans from Navient? Were you ever not notified of loans going into default? Did any of your loans go into default without being notified and now your wages are being garnished and you can't get any answers or solutions? Are you getting the run around from Navient and Pioneer Credit Recovery Inc? Did any of your loans from United Student Aid Funds get transferred to Navient or Great Lakes and now none of them are claiming to own your loans and some collection agency is aggressively going after you to collect? If you answered yes to any of the above questions, then please read on. What I do know is that USA Funds (United Student Aid Funds) have changed their name and longer service student loans. They transferred federal loans to Great Lakes. The problem i'm encountering is that Great Lakes told me they had two of my federal loans for a short time but transferred it back to Navient. Navient tells me that they are speaking on behalf of USA Funds, but can't do any modifications or changes to the defaulted loans because they are not the original guarantor . Pioneer Credit Recovery says only USA Funds can change or withdraw the garnishment (do you see the problem?) No one is claiming to own my two federal loans that went into default. No wonder why I was never notified. Now, I have heard from Navient saying they do not have my defaulted federal loans and I should contact Great Lakes. But Great Lakes say they too do not own the loans (like chasing a ghost). When I contact Pioneer, I let them know that USA Funds apparently do not exist and should null the garnishment order immediately, they declined and said they are going off their contract. I let them know since USA Funds no longer exists their contract is invalid and illegal (the whole conversation has been recorded) They didn't seem to care. The really interesting research I did, is that both companies are currently being sued by several attorney generals and the CFPB. And the really interesting part is that both companies are connected (several board members on Pioneer are also board members on Navient). I too currently have complaints in on both companies with the: BBB, CFPB, US dept of Ed, Illinois AG, Washington AG, New York AG. I am asking you that if you answered yes to any of the question above, PLEASE take the time and respond to this post. I think these two companies are starting a new scheme and should be stopped immediately. If there are enough responses and others that are experiencing the same problem, I WILL try my best to start a Class Action. Also, please post this forum on any social media account to help get the word out. Also, just in case someone or some company has this blog taken down and as long as the owner of this site allows, send me a PM or email me your contact info (Name and contact method only) in case this does go to court, I will be able to keep you updated. My email is email@example.com
Informative read for anyone arguing against Midland's or any other JDB's affidavits, or is a member of the class affected by this proposed settlement. 32 state attorneys general filed on April 16, 2014, an amicus curiae brief objecting to the revised proposed class settlement for Midland's use of "robo-signed" affidavits in Vassalle et. al v Midland Funding LLC, 708 F.3d 747, 760 (6th Cir. 2013). [You may recognize this as Class Settlement Agreement, Midland Funding, LLC v. Brent, 644 F. Supp. 2d 961 (N.D. Ohio 2009)] http://www.michiganconsumerlaw.com/ags-vassalle.pdf "The Attorneys General of Illinois, Alaska, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Mexico, New York, New Jersey, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Vermont, Washington, and West Virginia (“Attorneys General”) urge this Court to reject the revised proposed class settlement, which is a thinly veiled attempt to revive the original settlement, which was rejected by the Sixth Circuit. Like the original proposal, the revised settlement provides no meaningful value to unnamed class members, and, in fact, it leaves them in a significantly worse position. In exchange for approximately $10 each, class members lose their right to pursue valuable claims under state and federal law. While class members technically may challenge Midland’s “robo-signed” affidavits, they lose the statutory right to attorney fees that makes it possible for them to do so. Worse still, the form affidavits approved by the Special Master, which are central to the relief provided under the revised settlement, are based on a misunderstanding of Defendants’ business practices and would authorize affidavits that violate both the Federal Rules of Evidence and the laws of multiple States. The revised proposed settlement therefore is not in the public interest and should be rejected." Objections to Revised Settlement filed by the class action objectors' attorneys:http://www.michiganconsumerlaw.com/Objections-Final.pdf"The parties have attempted to ameliorate the first of these deficits by permitting individual class members to challenge the default judgments taken against them. But as set forth in section I above, while the parties have provided this remedy, they have also impaired the ability of class members to take advantage of that remedy by stripping their ability to use fee shifting statutes to find counsel, denying them access to necessary evidence, and removing their ability to move collective to set aside these judgments. In reality, they provided a remedy, but so severely crippled it as to render it empty."
Recent Court of Appeals decision overturning Midland class action lawsuit settlement gives new opportunity to Georgia consumers affected by Midland Funding's filing of false robo-signed affidavits in debt collection lawsuits. You've probably heard about the Midland Funding class action lawsuits regarding robo-signed affidavits used in lawsuits against consumers, right? Well, a Court of Appeals recently decided that the settlement with Midland and its parent company, Encore Capital, was unfair and overturned the approval of the class settlement. The proposed settlement would have basically let Midland/Encore off with a slap on the wrist and an insulting $20 to each class member affected by the false affidavits. To read the Sixth Circuit opinion overturning the approval of the settlement, go here http://caveatemptorblog.com/files/2013/02/13a0050p-061.pdf This recent decision gives those Georgians who were sued during the dates of March 2010 and March 2011 where one of those false affidavits was filed an opportunity to stand up to Midland Funding, Midland Credit Management, and Encore Capital. Before, the class action could have extinguished certain rights of Georgia consumers to pursue Midland for those false affidavits. So, what does this mean? It means act quick! You may be entitled to a remedy under federal and Georgia law against Midland Funding if you were affected by those affidavits within a time period where the statute of limitations has not run out for you to do so. The statute of limitations under the Fair Debt Collection Practices Act ("FDCPA") is only one year so you can see why it is imperative to act now. The FDCPA has a provision in it that allows a consumer to recover attorneys fees and costs from the debt collector if a violation is proven - this means consumer attorneys often take on these cases for little to no money upfront from the consumer. Midland will not change its practices until it is held accountable for its policy of lying to the court. You should also know, that even while these legal class action proceedings were ongoing, Midland did virtually nothing to change its practices. Its staff continued to fill out form affidavits with little done to verify the truth of its statements to obtain judgments against Georgia consumers. So, what should you do? Contact Georgia consumer attorney Daniel DeWoskin Phone: (404) 987-0026 Email: firstname.lastname@example.org ASAP to discuss (for free) your legal options to hold Midland accountable for their actions. He is looking for people who've been sued by Midland Funding / Midland Credit Management between those dates and whose cases involved an affidavit filed by Midland Funding or Midland Credit Management. It does not matter if you lost your case to Midland Funding. You may be entitled to a remedy under federal and Georgia law.