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SOAPLADY can you help?

Date: Tue, 01/11/2011 - 04:07

Submitted by anonymous
on Tue, 01/11/2011 - 04:07

Posts: 202330 Credits: [Donate]

Total Replies: 5

SOAPLADY can you help?


Today I spoke to DCS to resolve my defaulted student loan, I went ahead and answered all the personal questions and was then transferred to the Supervisor to finalize the payment options for a loan rehab. The supervisor then gave me 3 options; 1st to pay in full, 2 give a $10,000 deposit $300 monthly, and 3 give a $4,000 deposit with $190 monthly. I told her I was unable to make any deposit since I don't have any money just laying around especially the amount she was asking. She then tells me to apply for a loan or borrow that money from my parents, so I can them that money. I told her my parents don't have that money, and I wont get approve for a personal loan, and if I did how will I be able to pay monthly to you and for the personal loan. She then answered "thats your problem". I then told her that I am willing to do the monthly but I can't do the deposits, and she answered back "I guess I will just deny you the rehab and just garnish your wages" She then tells me I need to give her the money by Wed which is only 3 days from now to come up with that deposit or she will start garnishing my wages, she then gives me a call back number and hangs up.

My fiancee was recently laid off, and my hours was cut from work. I pretty much take the full load of the bills and I only work part time, if they starting taking 15% every pay period how am I suppose to live? I told them I am willing to make the monthly payments, but they won't help me. Can they not approve me for rehab because I can not make that down payment? If you or anyone can help please answer..... Thanks


If that was your first contact with DCS, they were doing what they are pretty well required to do. I would suggest calling back and telling her based on your hours at work you cannot get a loan. Actually telling you to get a loan is prety dumb in these times since no one is getting unsecured personal loans, particularly with a default on your credit.

No down payment is required for rehab....nowhere in the Higher Education Act is there a requirement for a downpayment....they CANNOT make it a condition of the rehab program. Another thing ...."SHE" cannot garnish your wages. A collector may not threaten to garnish personally ....only the garnishment unit can so this and it this was your first contact, you would not be in the garnishment unit yet. You are entiled to "reasonable and affordable" payments under the higher education act...reasonable based on your balance and affordable based on your income. If she wont make more reasonable arrangements, tell her you will contact the student loan Ombudsman office.


lrhall41

Submitted by SOAPLADY on Tue, 01/11/2011 - 04:34

( Posts: 17315 | Credits: )


Thanks SoapLady for responding back. That was the first time I spoke with DCS regarding my matter and was willing to answer there questions. I have told her about my current situation with my finances, but she wouldnt hear it. She just kept saying "I will deny you rehab and start garnishing your wages". I have also mentioned that I wasn't required to give a down under the Higher Education Act, her response back was, it doesn't apply to you, I asked her why and she says well going through your credit report you are behind on all your bills. I told her what can I do, it's hard to get a steady job, but I am trying to make things right. She still didnt want to hear it, she demanded that I need to pay that down by Wed. or I won't get approve for rehab. I have also contacted the Department of Ed regarding my loan and also complained about DCS unwillingness to help, they told me if DCS continues to not help give them a call back and they might be able to work something out. I will be contacting DCS this Wed regarding my loan and tell them I am unable to get that deposit or that personal loan for that deposit, hopefully it will work out. But if it doesn't I will tell her what you mentioned above. Thank for your help and wish me luck. If you have any more advise please let me know.


lrhall41

Submitted by anonymous on Wed, 01/12/2011 - 02:27

( Posts: 202330 | Credits: )


Student loans are not credit based so her looking thru your credit report is an empty threat. She is making up rules as she goes along and denying you your rights under the Higher zEducastion Act. I would be calling back, be polite and basically tell them calmly, you violated the law and your contract with the DOE, and if you do not cooperate, I will simply call back the DOE and the Ombudsman's office. End of subject. I have seen the DOE contracts...massive document but violations of that contract and complaints mean points off for that agency which means less accounts placed and of a poorer quality.


lrhall41

Submitted by SOAPLADY on Wed, 01/12/2011 - 05:05

( Posts: 17315 | Credits: )


Soap lady,
It didnt work. I just spoke to DCS and they still denied me for rehab. They said since my parents own a million dollar home, which they don't, that house isnt even under there name, I get the down from them. I them that my sister is just renting that house, then I told them i will recontact DOE and the Ombudsmen that shes not willing to help, her respose was "go ahead" She then says "well i will go ahead and start garnishing 15% off your wages and hung up.
I then called DOE and re explained to them what was happening and someone I spoke to last Monday told me to call back if it continues. He says he can't help and refers me back to DCS garnishing something. I told him I don't want to call them back since they are unwilling to help. He says again he can't help.
Im pretty frustrated now.... How long does it start till they garnish my pay? And is it every pay period?
.maybe I'll just quit my job... I will be working for nothing anyway...
Thanks again SoapLady


lrhall41

Submitted by anonymous on Wed, 01/12/2011 - 09:36

( Posts: 202330 | Credits: )


She cannot just go ahead and garnish your wages....it just doesnt happen that way. First you have to be sent a 30 day notice....this gives you time to appeal the garnishment based on hardship. Also what you parents own....that is none of her business.

You now need to file a complaint with the Ombudsman office...http://www.ombudsman.ed.gov/about/contactus.html

You can file yoru complaint right there online.


lrhall41

Submitted by SOAPLADY on Wed, 01/12/2011 - 15:32

( Posts: 17315 | Credits: )