hello This is my first post. I wanted to know if the same rules apply to a CA who is trying to collect on a student loan in default as a CA trying to collect on a regular credit card account. They contacted my husband's work and gave out personal information to another person at work, not authorised to have information about his account - i.e. they told the co-worker that the account was in default and that they would be trying to garnish his wages and that they were trying to contact him. They have not gotten a court order to garnish and he has been paying the OC. Are we able to sue the CA for violations of the fcra and if so, how do we go about this? Please help?!?!!! Thanks so much - Jennifer
Out of curiosity, what was the name of the CA? After I started rehabbing my student loans, NCO started trying to harrass me using tactics similar to what they are doing with your husband, although not quite as bad. It should be enough to tell them his employer prohibits him receiving those types of calls. It later turned out that NCO had bought an out of SLO loan and was using it to try to blackmail me into consolidating my student loans with them. It's a pretty slick deal for them if they can pull it off -- not only do they collect on the one loan, but they get your student loans as well, and the attendant commissions. I knew better by then, but I wonder how many people fall for the trick. And the same laws apply to all collection activity; the only real difference between student loans and other types is that student loans have no statute of limitations.
Jade.Delaney@mindspring.com Bunter, would you mind me picking your brain a bit? Could you email me? I want to make this account disappear off DH's report, but I need some help/info. We are paying the OC, that is the ironic part. Van Ru is the name of the CA. They have been alternately nice and nasty..... But I would really like to nail their behinds to the wall. They have really gone too far. Thanks for any info..... - J
Van Ru? Wow, they TOTALLY screwed me with my loans by getting me to consolidate in 1999. They had me sending post-dated checks and everything, since they had threatened to report to the CRA's and even to garnish my wages. My mom was helping me and I thought I was doing the right thing by trying to pay. In exchange I got to pay 25% of the original loan amount in fees, and still owe $5k more than I borrowed. I really hate collection agencies...
I hate them too, but just recently I have been learning all my rights and what I can do to improve my life. So, I still hate them, but now I feel impowered! Van Ru is crazy, I am not sending them a dime. They have threatened to garnish, yadda yadda yadda..... What I really need to know is what can I do right now?? Should I just file suit against them or should I send validation letters first and let them rack up more fcra violations? They have violated one, giving account information to someone other than the person named on the account or authorised to discuss the account. ALSO.... where can I easily locate the actual law so I can quote what part of it they violated? Help help help..... - Jade
The FDCPA is located on the FTC website. I forget exactly where, and couldn't find it, but that's where I got my copy from. If I find the exact link I'll post it.
Van Ru is the worst CA I ever dealt with. When I first went into default on my student loans, they got them. What a bunch of jerks. One lady suggested I move out of my apartment and live in my car so I could pay them. On the bright side, they are also pretty stupid, and all of their threats turned out to be false.
So, after reading the Fdcpa they have violated 3 different sections. Should I send a letter to them threatening to sue first? Or just go file the suit? I want them to remove the account reference entirely. Advice PLEASE?!!?!? : ) Thanks! - Jade
Hi Jennifer, I'm by no means an expert (there are far more qualified people in this area), but I'll share my thoughts. I have student loans that are being garnished, but I am taking steps to begin rehab this month. Tread carefully. Yes, they CAN garnish without a court order, since it's a student loan (govt debt). Student loans also do NOT have an SOL. They can stay on your report until that sucker shows -0-. I would contact the OC immediately and see why this has been sent to collections. They have possibly missed some payments, or misapplied them. Were you at one time behind but have been paying since then? Do they have your deferment and/or forbearance paperwork in order (if you had those)? As you know, once you get behind, it's a snowball effect, and it can be difficult to get caught up. They might consider the loan to be behind sufficiently enough that they have sent it to collections...although I would think you would have gotten some warning. In my opinion, the OC has some answerin' to do! Document everything...get a recorder for your phone (first check to see if your state is one-party or two-party consent)....but seriously keep a journal of everyone you talk to, dates, times, what was said, etc. Gives you more leverage IF you decide you may need to take them to court. Good luck!
