Since you asked, here is the answer. I got tired of my attorneys diddling around, so I have been representing myself. I amended my complaint to include multiple claims. Violations of FDCPA, FCRA, Libel, Breach of Contract, Breach of Fiduciary Duty, False and Deceptive Business Practices, in injunction, and a Declaratory Judgement. The Declaratory Judgement is probably the most interesting claim in that it has the greatest teeth and would shake the entire student loan industry if upheld. What I claimed is that 34 CFR 682.410 requires no further ongoing re-reporting of information regarding student loans once a repayment plan has been entered into following default. My reasoning is that the language support such a position. I also asked the judge to rule that a breach of contract claim be available to an individual for persistent violations of the contract. It has generally been held by student loan servicers that the promissory note only gives rights to the loan servicers and DOE, but not the individual. This would turn the entire industry upside down and make them accountable. My amended complaint has not been approved yet. I should find out in a couple of weeks. The DOE is a party too, now for violation of the Privacy Act for failing to allow my appeal of their adverse decision.
RE: Kristi-How the suit agains Did you also add co-conspiracy to those charges? I am sure there was. Good Luck! Keep me posted... Stephen Anderson wrote: ------------------------------- Since you asked, here is the answer. I got tired of my attorneys diddling around, so I have been representing myself. I amended my complaint to include multiple claims. Violations of FDCPA, FCRA, Libel, Breach of Contract, Breach of Fiduciary Duty, False and Deceptive Business Practices, in injunction, and a Declaratory Judgement. The Declaratory Judgement is probably the most interesting claim in that it has the greatest teeth and would shake the entire student loan industry if upheld. What I claimed is that 34 CFR 682.410 requires no further ongoing re-reporting of information regarding student loans once a repayment plan has been entered into following default. My reasoning is that the language support such a position. I also asked the judge to rule that a breach of contract claim be available to an individual for persistent violations of the contract. It has generally been held by student loan servicers that the promissory note only gives rights to the loan servicers and....
