validation/student loan CA

Discussion in 'Credit Talk' started by yssimom, Apr 17, 2003.

  1. yssimom

    yssimom Member

    I have recv'd two letters from Allied Interstate re: default student loan. Before I received these letters, I got a "cancellation of debt" notice from Dept of Ed on my student loan, however, it was sent to my parent's address not mine. The stuff from Allied was sent to my home. BTW, all notices are in my maiden name, not my married if it makes any difference. My questions are: when I send a validation letter to Allied, do I use the same form letter that's in the CN samples page or do I modify it for a student loan? If they only send me a copy of my promissory note from my university is that sufficient validation? Any assistance greatly appreciated.
     
  2. yssimom

    yssimom Member

    bump
     
  3. Mozilla

    Mozilla Well-Known Member

    It shouldn't matter where the cancellation of debt notice was sent. What matters is that the debt was cancelled. This is actually something that you have a variety of causes of action against the CA for. Assuming the debt that was cancelled matches the debt arising from the promissory note(s) (i.e. it was the same loan), you shouldn't even have to bother with sending a validation letter. Simply send them a copy of the discharge letter certified mail. If the CA continues to to bill you, you can sue under the FDCPA easy. Also, depending on the reason for cancellation of debt, you can cite the Higher Education Act.

    Just out of curiousity, why did the DOE cancell the debt, and who was the guaranty agency that issued the promissory note originally (not the lender, the GA).
     
  4. lbrown59

    lbrown59 Well-Known Member

    No,Not by a long shot!
     
  5. yssimom

    yssimom Member

    validation/SL (mozilla/lbrown59)

    Thanks, lbrown59 and mozilla. I believe (but don't know for sure) that they cancelled the debt because they found it uncollectible. The guarantor was Ed Fund. I had more than one student loan out there, however, in 1996 (after receiving an insurance settlement and wanting to pay off all old bills) I contacted Ed Fund to get the amount I owed, paid what they told me to, then a year later I started getting collection notices, then this cancellation of debt. Then they (Ed Fund) located me at my current address (all notices from before had gone to my parent's house) and then between the time I received the Ed Fund notice and Allied (the collection agency) contacted me, I got the cancellation of debt at my parents' address. I know it's confusing. I thought about going through the National Student Loan website to see what they have as far as a history of my payments, loans, etc. but it seemed like they wanted a lot of info in order to get a PIN number and I prefer to give them as little information about myself as possible.

    LBrown59, what info do they have to give me besides a copy of the promissory note I signed in order for there to be proper validation?
     
  6. lbrown59

    lbrown59 Well-Known Member

    Re: validation/SL (mozilla/lbrown59)

    LBrown59, what info do they have to give me besides a copy of the promissory note I signed in order for there to be proper validation? [/B][/QUOTE]
    Acomplete accurate account history showing all payments and charges.
    For more information click on the blue link in my signature line.

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    What Is Validation? http://consumers.creditnet.com/stra...ht= validation
     

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