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Settling a Student Loan in Full??

Date: Tue, 04/28/2009 - 18:52

Submitted by anonymous
on Tue, 04/28/2009 - 18:52

Posts: 202330 Credits: [Donate]

Total Replies: 22

Settling a Student Loan in Full??


Hello,

Hope someone can help me? Here is my long story LOL. I have a defaulted student Loan (Stafford) that was originally through AES/PHEA and was then sent to the Dept. of Ed. for collection. I haven't paid on this loan since 1997. It has been with numerous collection agency's with no luck on them collecting they usually just give up. I usually send them a cease and desist letter and I hear nothing again for usually a few years until they send it to another CA and over and over again. This time they have sent it to PCR. They are pretty persistent about calling me and have called my work and even faxed them a letter (today as a matter of fact) wanting them to verify my employement (in which my HR manager contacted me for my authorization to do so and I of course refused so she ignored their request. Not sure what they (PCR) will do about that?) I am getting tired of dealing with them so I just sent them a cease and desist letter my certified mail/return receipt a few days ago and they should be getting it anytime now. But at the same time I am getting tired of always ducking this debt and would like to pay it back. I want to get a loan and repay this back but here are some questions I need answered. My original loan was $8300 I have a statement showing I have paid $708 on it and I know they have taken some of my tax refunds which I am not sure on the exact figure but at least another $800.00 or more. A letter the Dept of ed sent to me last year says my principle balance is 9,055.00 ??? plus an additional $5,750 in interest for a total of $14,805.00 due. That is crazy on only a $8300 loan in which I have paid back a total of around $1500.00???? The CA (PCR) sent me a statement tacking on another $3700.00 in fees and they are telling me I now owe almost $19,000.00 on this loan. Now that I have sent them the cease and desist letter can I call up the Dept. of Ed and try to settle for a one time payoff of the balance in full? I have read in other posts that the Dept. of ed will not talk to you if you have been assigned to a CA but what if I sent the CA and cease and desist letter will that allow me to talk once again to the Dept. of ed? If not any tips on how I go about that? I only want to deal with them and not a stupid CA and there ridiculus fees as twice before I had offered to settle this debt for a total payoff of $10,000 and the CA refused it and said they wanted more in which I refused and resended my offer and told them good luck in collecting and they never did. I should have contacted the Dept. of ed with that offer instead of the CA's (2 diff. in that time frame) huh? but didn't. Both of those times were in 2000 and 2005 when my balance was alot lower than it is now. I refuse to pay almost $19,000 on a original debt of $8300 - ($1500 in payments) = $6800.00 which I feel that I should owe(plus of course a reasonable amount of interest). Do you think they would accept a payoff of $10,000.00 to $12,000.00 as paid in full? That would mean them reducing some of their interest costs but I mean $3200 to $5200 in interest is still alot to pay etc? I mean I could keep running ( I have done it now for the last 12 yrs with no luck in them collecting a dime other than a few small tax refunds here and there) but I would like to get it behind me once and for all. How hard would this be to do it on my terms given the info above and any advice or input would be greatly appreciated. Also it has already been taken off my credit report because it was there for so long so it isnt affecting my credit rating as of now...will paying it off put it back on their in a negative way and if so how can I avoid them putting it back on their again..negotiate that in my settlement negotiations as well as not to report it to the credit bureaus in anyway or form?? Is that possible. Sorry for the long post just wanted to give you all the facts. Thanks,

Mike


Well since they have found your employment and you ceased them, expect a garnishment to start shortly.

Unfortunately, not paying you have brought this upon yourself. You agreed to all fees, interest and collection fees. FYI....the CA does not add the collection fees...those fees are added by the guarantor which sounds like in your case the DOE.

Settling...generally they will waive some to all of the collection fees. You will not get a $10K settlement. Now that they have your employment, they will just proceed with the garnishment. Even without a verification from your HR, the papers will be sent. The collector has probably played with your employers "dial by name" function or asked for you and hung up.

The DOE will not work with you....the CA handling the account will administer the garnishment. Unless you have reasonable cause like an FDCPA violation, they will not pull the account. The CA is hired under contract....they get paid whether you pay it voluntarily or not.

If the account has recently been subrogated by the DOE, you cannot prevent a tradeline from being added. Keep in mind everytime a new CA gets ahold of your account, they do a hard pull on your credit report....creditors know you owe. If you want to avoid a garnishment, I would suggest that you call the ca (without an attitute) and negotiate a plan to rehab.


lrhall41

Submitted by SOAPLADY on Tue, 04/28/2009 - 19:26

( Posts: 17315 | Credits: )


If I had called them and asked them not to contact my work anymore as it is not permitted and they did it anyway by sending this fax to them doesn't that violate the FDCPA? If I tell the DOE this and offer a settlement would they pull it from the CA based on that?? Also what do you think a likely settlement I could negotiate based on my original info and amount owed above should or could be? What kind of payment could I expect a month if I ask them to rehab? I am on a tight budget and see that I could possible get a loan to pay off if they settled for 12000 or so that would only make my monthly payments around $145 a month. It seems like they would want more to rehab it possibly? I always here these horror stories on here how they want people to pay 400 or 500 a month. I make decent money now $46,000 a year but my wife doesn't work, I have a 7 yr old and a mortgage of $1150 month plus car payment of $310 plus cc bills and other living expenses etc. So the $145 or so is doable but not much over that? What do you think? Thanks for your help so far.


lrhall41

Submitted by anonymous on Tue, 04/28/2009 - 19:55

( Posts: 202330 | Credits: )


Also in regards to my question above in my reply back what do you think of this company? ww w. mydefaultedloans. co m
I have read their webpage as was thinking about calling them to see what they could do or offer. Any thoughts good or bad on them? Also if it is still with the ca my loan amount through that company would be for the $19,000 (because of the collection fees added etc.) and not the $14,000 or so the Dept. of Ed says I really owe is that true or how do I get it reduced down or is it possible with this program?? Thanks.


lrhall41

Submitted by anonymous on Tue, 04/28/2009 - 20:16

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Verifying your employment for a federal wage garnishment is not an FDCPA volation for a cease. They were not contacting you but your employer for a legal and pending purpose. So no, the DOE will not pull it...nor will they settle for the original amount.

What came first??? The student loan or the kid, house and car payment?? Your rehab payment based on your balance should be 1%...so about $190 per month. With a mortgage and a car payment and verified employment, I wouldnt be arguing at this point.


lrhall41

Submitted by SOAPLADY on Tue, 04/28/2009 - 20:21

( Posts: 17315 | Credits: )


Hi I hope someone can help me. I had 2 student loans one was a fraudulant student loan one was a good student loan for the last 20 years I have been trying to tell them that one of the loans did not belong to me so I finally got a lawyer and went to court. The judge agreed that one of the student loans did not belong to me and dismissed the judgement but told them they can persue the other student loan. They applied all money ganished or received from me to this student loan giving me a balance of $608.12 + intrest. Student loan wants to charge me 20 yrs. of intrest of $4,348.95 on a loan they did not want to even discuss with me until I took care of the 1st student loan that the judge threw out. Not to mention they didn't even mention this student loan in the judgement at all. Over the course of 20 yrs. I asked for a hearing with student loan and they were all canceled by student loan. What can I do to get a fair interest rate or even cut in half?


lrhall41

Submitted by anonymous on Fri, 07/31/2009 - 05:34

( Posts: 202330 | Credits: )


I have a private student loan in default and it has been turned over to a CA. I owe them around $7,000 which I just found out today. The CA contacted me and demand the amount to be paid in full within the next hour because it has passed 120 days and no payment plan could be negotiated. Im still a full time student with no job so I cant pay the full amount right away. They say they will just process it to my co-signer if I cant pay it in full. I saw this website call www. mydefaultedloans . c o m and contacted them and they say they could help me settle it for around $4000 and they can help me set up a payment plan of around a hundred a month. Does anyone know of this site and is it too good to be true? They say they will charge a fee of $750 and I must pay $250 first before they will contact the CA. Im still debating if this is a scam or not. Thanks for any help


lrhall41

Submitted by anonymous on Tue, 12/29/2009 - 23:18

( Posts: 202330 | Credits: )


It is too good to be true...it is a pile of BS. For starters they dont give long term payment plans for settlements. Plus with privates, if your cosignor has good credit or assets, they wont even talk settlement and even if they do, it is no where near the amount they are talking. You yourself can set up that $100 per month payment plan but that wont prevent them from suing you and your cosignor.

Is your cosignor aware of what is going on? And how could you NOT know this was going into default. Predefault letters and calls would have been made...plus if you are still in school? Did you leave school for a period of time?


lrhall41

Submitted by SOAPLADY on Wed, 12/30/2009 - 01:15

( Posts: 17315 | Credits: )


jome26 soaplady is misinformed. The ca will not let you make a payment less than what they decide reasonable or not. The Ca most definitely charges interest,court fees anything they can possibly charge you for. If you have defaulted they will want it all or the payments they set up, even if you can't afford their amount. If you don't pay the amount the ca demand, they will garnish taxes, both state and federal, wages and will sue you for anything you own. Your co-signer is also subject to the same treatment if they choose not to make payments. I have found nothing so far that says mydefaultedloans is a scam or that they won't do what they say. They offer a 100% money back guarantee if you loans are not consolidated. I have personally spoke to two different reps from there. I have no reason at this point to believe fraudulence.


lrhall41

Submitted by anonymous on Fri, 12/10/2010 - 14:00

( Posts: 202330 | Credits: )


Sorry nimbyfam but YOU are misinformed.

For starters , you are mixing up private and federal loans. Federal loans do not sue, but they can garnish wages and state and federal taxes. Only private loans have cosignors and they are the ones who sue.

The CA does not charge you a penny....the guarantor does all calculations and they pass all charges to the CA.

There is no such thing as a 100% money back guarantee....someone is handling you a line there.


lrhall41

Submitted by SOAPLADY on Fri, 12/10/2010 - 19:53

( Posts: 17315 | Credits: )


Is it possible to settle in full with ASA? My original loan was from 1993 and I have been paying on for years. I've had deferments and forebearances of course. Now I stay home with a terminal child and have no income and have defaulted. It's a FFEL Consolidated and I still owe $6k. I've been sending $25/month (piddling, I know) to Sallie Mae but ASA sent a demand letter for payment in full by June 22. Is there any negotiation possible with them? Thanks


lrhall41

Submitted by anonymous on Wed, 05/04/2011 - 20:29

( Posts: 202330 | Credits: )