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kwaker
Joined: 30 Mar 2007
kwaker's page
Posts: 5
Location: washington
407 Magic Points
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Subject: Are collection agencies required to send written notice of s
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Fri Mar 30, 2007 7:13 pm
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Are Collection agencies required to send written proof of loan rehab? How long do they have to do so if they have to?
Also, since the gov hired a collection agency (Van Ru) do they have do follow the same rules under the fair credit act, such as not calling if written and asked not to, but to do everything in writing, and so on?
And if a student loan is/should be in rehabilitated status (13 months of payments on time) shoudl they still be able to take a persons tax refund? |
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ParkAvenue
Moderator
Joined: 26 Mar 2007
ParkAvenue's page
Posts: 47
Location: Florida
3872 Magic Points
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Subject: May I answer one of your questions...
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Mon Apr 02, 2007 4:32 am
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| Quote: |
Also, since the gov hired a collection agency
(Van Ru) do they have do follow the same rules under
the Fair Credit Reporting Act, such as not calling if
written and asked not to, but to do everything in
writing, and so on? |
The answer to this question is, YES.
As per the FTC, although Van Ru is hired by the
gov, they are NOT exempt from the law. They must
follow the FCRA and the FDCPA as all debt collectors. |
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kwaker
Joined: 30 Mar 2007
kwaker's page
Posts: 5
Location: washington
407 Magic Points
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Subject: loan rehab followup question
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Tue Apr 03, 2007 6:23 pm
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In this instance, even though 14 payments (as of this month) have been made in the rehab process, there has been no written notice sent by them, even though all their paperwork states they will as soon as the 12th payment was/is made.
So as far as options to get it in writing that the loan has been rehabbed , would we write and request that written notice and is there a law governing them having to give notice or a time limit?
It would be nice to have the defaulted status taken on the credit report among other things but if we have no notice that it's been rehabbed, I'm not sure of the options.
Thank you for your help. It's most appreciated. |
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stanley
Moderator
Joined: 23 Feb 2007
stanley's page
Posts: 56
3357 Magic Points
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Wed Apr 04, 2007 11:21 am
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I am in 100% agreement with Park Avenue; collection agencies must follow FDCPA regulations while collecting federal student loans.
And, I think you should request for a written document and also ask them to remove the 'default' status from your report. As you have made more than 12 consecutive payments, the loan is rehabbed already, it's no more default.
| Quote: |
| And if a student loan is/should be in rehabilitated status (13 months of payments on time) shoudl they still be able to take a persons tax refund? |
Why they would go behind your tax refund, I am not getting it properly! 
_________________
Stan
BTW, I am not a lawyer, I am here to share what Life has taught me. |
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kwaker
Joined: 30 Mar 2007
kwaker's page
Posts: 5
Location: washington
407 Magic Points
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Subject: oan rehab followup question-clarification
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Wed Apr 04, 2007 8:08 pm
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On the tax refund-they took this years refund by treasury offset, the paperwork said the status was in default.
Would writing the Dept. of Ed and sending them all the documentation certified mail (including the check copies) showing them proof that the loan is rehabbed, payments been and being made on time etc., is it likely the refund would be returned as it's not in default or is the refund a lost cause? |
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kwaker
Joined: 30 Mar 2007
kwaker's page
Posts: 5
Location: washington
407 Magic Points
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Subject: SL rehab/ Van Ru follow-up
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Fri Apr 27, 2007 12:16 am
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I've sent Van Ru a letter requesting, the written documentation of the loan rehab, as well as for them to remove the default status and lastly to not call, but to do all communication through USPS.
I sent the letter certified return receipt. They've since gotten it and signed, but they're still calling.
What do I do now?, do I write them as well as DOE and/or the FTC to complain? I've saved copies of the letter sent to them, as well as kept all the voicemail messages and call log. |
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nobody
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Fri Apr 27, 2007 12:23 am
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| Why don't you try answering the phone and asking them not to call anymore? |
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Law Student
Joined: 18 Apr 2007
LawStudent's page
Posts: 8
Location: San Francisco, California
512 Magic Points
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Sat Apr 28, 2007 1:06 am
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| Sounds like you've been doing the right things. You have proof they received the letter. Have you thought about suing them? |
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kwaker2
Guest
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Subject: Student Loan Rehab & phone calls-Help
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Mon May 07, 2007 12:09 pm
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Since I posted last
(I've sent Van Ru a letter requesting, the written documentation of the loan rehab, as well as for them to remove the default status and lastly to not call, but to do all communication through USPS.
I sent the letter certified return receipt. They've since gotten it and signed, but they're still calling.
What do I do now?, do I write them as well as DOE and/or the FTC to complain? I've saved copies of the letter sent to them, as well as kept all the voice mail messages and call log.)
They've sent a notice/letter saying "We received your letter regarding your account. This letter is to acknowledge your letter and to inform you that we are researching the answers for the issues raised. We will gather the information/documentation you requested and contact you by mail or by telephone within the next ten days."
They then sent a printed list of the account info (payments made, interest, total balance etc., but NO written documentation of the loan rehab.
I need to know what to do next. Do I write them a follow-up asking for that documentation? If so, should I send a copy of the previous letter and the follow up to DOE or anybody else? Should I also go a head and report the calls they made after they received the letter stating no calls just usps contact? Help! |
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