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Being sued for my son's student loans?


fowler1001
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Hi,

I have been being contacted for over a year about my estranged son's student loans.

I have many times called ASC and told them this was not me, each time they appologized but it kept coming back to me. I don't know how to reach him and gave them my ex-wifes address and # as she is aware of how to reach him.

A CA now has his defaulted loans and has quite rudely informed me it was my responsibility to prove I was NOT my son and not their responsibility to prove that I am him. I refused their request for my ss# also.

Any suggestions on how to address this???

Thanks in advance,

David

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Send a cease and desist to the debt collector by certified mail. In the letter DENY that you are the proper party and DENY that you owe the debt. Don't go into details about your son, etc. It is not your responsibility to prove the debt, it is theirs. Let them know that if they continue this course of action that you will sue them for violations of the FDCPA, FCRA as applicable, defamation of character, and harassment. Send this by certified mail. And stop talking to them on the phone...just hang-up.

If they sue you get a lawyer. It should be a simple matter to show the judge your driver's license and other identification and get it dismissed as well as get a hefty judgment against them which will cover your attorney fees and put some $$ in your pocket for the troubles.

Alternatively, if you think your identification was used by your estranged son as a co-sign on the student loans, you can file a police report for identity theft down at the police station. Send a copy of this to the collector and tell them to go away. Once they get an IDTheft report, they must stop or face additional sanctions.

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It doesnt sound like you are being sued?? Were you served or is this just some annoying CA.. first and foremost STAY OFF THE PHONE.. dont talk to them.. and send a cease and desist letter.. they have to prove it but phone calls can only make it worse and have you admit to something you are not a part of.... ANYTHING has to be in writing...

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I am assuming ACS is Aman Collection Service. Do you know who the guarantor is?? ACS collects for the DOE and many FFELP lenders. If this is a DOE account, I would suggest making MAJOR waves with them for these FDCPA violations. You have them on several counts. Personally I would be would be sending ACS a rather firm CMRRR letter with a demand for a $1000 check for violations. Of course they will deny it, but from my experience with addressing matters like this during collection manager era, they generally will pay up. Phone records and collection logs can be supenaed into evidence. Also, a simple statement in your letter stating that you will file a formal complaint with the USDOE. Collection agencies are graded on complaints. Too many and they will have their account status reduced, meaning that they would get less business and crappier accounts. Or loose the contract all together!

You got them on several counts...

§ 804. Acquisition of location information [15 USC 1692b]

3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

§ 805. Communication in connection with debt collection [15 USC 1692c]

Disclosing the debt to you since you have already told them that you are not the debtor is a violation.

§ 806. Harassment or abuse [15 USC 1692d]

807. False or misleading representations [15 USC 1692e]

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Hello,

Thank you again for such empowering information, no AES is actually american education services, my apologies for the mistype. They contacted me and sent me about a dozen letters, some of which I forwarded to my ex-wife with a short note telling her to have him address this, but as i said we are estranged, the last time I spoke with AES, I threatened a restraing order against them because they kept continually contacting me. My son is named after me but is the 3rd as I am a jr. It was following that call that now a ccollection agency now has possession of his defaulted loan and have started threatening me.

Once again I really cannot thank everyone on this forum for being so receptive and providing so much information.

Thank you,

David

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Hello,

Thank you again for such empowering information, no AES is actually american education services, my apologies for the mistype. They contacted me and sent me about a dozen letters, some of which I forwarded to my ex-wife with a short note telling her to have him address this, but as i said we are estranged, the last time I spoke with AES, I threatened a restraing order against them because they kept continually contacting me. My son is named after me but is the 3rd as I am a jr. It was following that call that now a ccollection agency now has possession of his defaulted loan and have started threatening me.

Once again I really cannot thank everyone on this forum for being so receptive and providing so much information.

Thank you,

David

Is it AES in house collectors or CA collectors that are doing the harrassing??

http://www.aessuccess.org/about/index.shtml

American Education Services is a division of PHEAA. You may want to poke your head around AES 's website. It is time for you to do some LOUD screaming!! And make yourself a few bucks while you are at it! JR/SR designations are common...I had to deal with it all the time. We appologized, restricted the bad phone and address and went on with out collections. Another alternative is to contact the student loan ombudsman. Or the your state AG's office.

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As you deal with this keep in mind that when you are dealing with collectors you are dealing with true scumm......you can't treat them as if they are real people who actually have a brain because they aren't and they don;t.

Even if they belive you (that it's your son and not you they are seeking), they would rather call you and threaten you than accept the fact that they don't know how to contact the real debtor. Plus they probably figure that if the harass you enough you might give in and pay them something.

When dealing with CAs like this you have to be proactive and agressive.

Good luck.

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As you deal with this keep in mind that when you are dealing with collectors you are dealing with true scumm......you can't treat them as if they are real people who actually have a brain because they aren't and they don;t.

While I agree that many collectors need to be taught a lesson, not all are scum. Some do play by the rules. So lets try not to get personal on this, eh?

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While I agree that many collectors need to be taught a lesson, not all are scum. Some do play by the rules. So lets try not to get personal on this, eh?

Thank you. As an ex collector I worked with a lot of excellent collectors, several of whom are still collecting. The general opinion that all collectors are scum is a pretty narrow minded opinion.

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While I agree that many collectors need to be taught a lesson, not all are scum. Some do play by the rules. So lets try not to get personal on this, eh?

Good point - painting with too broad a brush is always dangerous and usually unjustified and to any collectors who visit this board and who do make an effort to play by the rules I apologize.

There truly are collectors who do a good job and don’t break the law and treat people with dignity; but they are all too few. It’s been my experience that these “good guys” are usually confined to small/local collection agencies collecting consumer/business debts for businesses in their local areas – finding such people at any of the large/national firms doesn't happen oftern and there are those firms who's business plan seems to be to break every consumer protection law ever passed! :)

In the case of the OP; by the actions described it seemed pretty clear to me that he was not dealing with one of the few good agencies or they would have stopped harassing the OP when they found out they were confusing him with the real alleged debtor (his son).

I’m also probably a little more sensitive to the OP’s situation than most – these days; the collectors I have to deal with personally are coming after me simply because I have a somewhat unusual last name. Rather than do real work, most of these idiots think that anybody with my same last name must either be who they are looking for or that I’ll at least be able to tell them where to find the person they want and I get tired of dealing with their BS tactics!

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Actually for student loans, all the FFELP lenders and DOE use national account agencies, which is what I work for. It really comes to the ethics and the training of the agency. The agency I worked for demanded high quality work standards and we were paid well...our guaranteed base was way higher than most CA. Almost all of our staff had some college and most had a degree. The agency was privately owned and the owner was very hands on. Consequently at one point we were the top student loan CA in the US for 3 years straight with the average collector salary plus commision running at around $75k. We were happy, the owner and the clients were happy...there was no reason to break the law. We worked our asses off and had a lot of fun but not at our debtor expense. For the most part, we rehabbed and consolidated every loan we could. We of course garnished those who would not cooperate. But things changed...the agency was bought out by OSI who micro managed from a distance, stripping our good business to other offices. They hired anything that could breath and standards went down the toilet. One by one the good collectors left or were fired. I myself was fired after 10 years on trumped up accusations. However, they were too late....I was already in the process of notifiying one of our clients of major violations. When the agency sent home the contents of my desk, they sent home all my evidence! One of the HR people who delivered it, had a **** eating grin on her face when she saw the docs and was happy to signed off on the letter of the contents of my boxes! She was fed up too! One of the charges they fired me on was "removing company documents without authorization"....which I had never done! Let's just say I ended up with a huge settlement!

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I'm with both Robert and Methuss on this Point

it's not that Ca's aren't people but they can seem that way because they have learned that they usually get alot more money acting as agressive scavengers. However if you push them back into their proper place, perspective can be regained and progress made, but you have to assert yourself as in control.

What most debtors seem to not be aware of is that they not the scavengers are in control

Over the last couple of years I've made a good deal of headway not treating these people as scum, but rather as people I've set the ground rules with from the start, its really funny how respectful these people become once they know you know the rules

Have a good weekend everyone

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