WF is getting nasty....

[smitty12229]

I have a defaulted private student loan ( Consern Loan ). I filed for bankruptcy in 1999 and thought this was discharged. A couple of years ago I started receiving letters from Wells Fargo Recovery. I have been making regular payments to WF. They continuously switch their collection reps around so we get a new one every 3-6 months. Each time we get a new rep, they attempt to settle for 50%. I could probably do so but have chosen to continue to send them $300 a month. I still owe around $6000. Last week, we received a call from the latest WF rep. She is demanding $1600 plus $350/mo or they will either take us to court or turn it over to a collection agency.

Is this a scare tactic? Will they really pursue legal action when I have been paying? We have been very cooperative so far but this lady doesn't care.

I'm really not sure if I want to continue to send them $300/mo if they are going to sue me anyway but I'm not sure what I should do next? Try to settle for less than 50%? Ask them to validate? Get a lawyer to see if this truly was discharged? ( BK Atty took our $$ and ran...we can't get him to call us back )

[kb9tbq]

Some student loans are dischargable in bankruptcy (state student loans), and the federal student loans use to be dischargable - but there is a certain date prior to that this was possible.

Check in the bankruptcy section - there are links to different state sites - that you can look up what the rules are for your state that may address this.

Get copy of your bankruptcy papers and send a copy of the matrix to this new rep - showing that the debt had been included in bankruptcy.

They do have the ability to take you to court should they be able to, otherwise it is a violation to make threats which they can't back up. But check on the bankruptcy part first before you give in on this matter.