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  #33  
Old 01-30-2006, 09:47 AM
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4u.bryan 4u.bryan is offline
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Becky,

Welcome to forums.

I really appreciate your view of helping others and you would be thrilled to know that this is the spirit of this forum.

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Funny thing is, wrong SS#, and NO Signature.
Could you please explain where this wrong SS# is listed? Is it there in the promissory note? Then you should ask your loan holder to rectify it. Perhaps this is the reason Van Ru is calling you.

Speak to Van Ru and explain the situation. If they do not seem very cooperative, send them DV through CMRRR. They should validate your debt and you will have your ground to dispute it then. Hope this helps, feel free to ask your queries in forums
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  #34  
Old 01-30-2006, 01:40 PM
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Thank you Bryan.

Yes, they have one of the numbers wrong on his SS # in the Pomissory note. I don't believe this is the main problem, because it's unlikely that there was another student with just one different number getting a Nebraska Student Loan.

I do seem to have stopped VanRu however. A guy at the US department of Education Information Resource center, (Not to be confused with the US Department of Education as a whole) told me to tell VanRu that by not sending the copy of the promissory Note and by continuing to call 3 and 4 times a day, they were in violation of fdcpa. It worked.

I also composed a letter to the US Department of Education for Dennis, disputing that he owes the loan. He is getting copies of some documents he needs to send with it and will be mailing it out today.

From his E-mail address we are sending copies of the letter itself to 2 Senators and 2 Representatives from our district in Oregon, plus Dateline and 20/20.

This last was because he received another letter from the Department of education who already knew he was going to dispute this, accusing him of ignoring previous contacts. I am very, very sure they know better and am really upset that our Government would treat someone this way. At any rate, they will know that they can't accuse him of that again because a copy of the letter is being sent to them with the 6 others as cc on that E-Mail.

I E-Mailed ritchie.morrow@ccpe.ne.gov asking for information this morning and they already sent me two links to more Info.

My main complaint is still that they haven't got a signature on the promissory note and that they are saying he took out two Nebraska Student Loans for which the money was dispersed on the very same day???
May 11, 1988. Yet he never heard a word about the larger one until September of 1999??? 11 years later???

Then there was only the one contact in 1999. We assumed they were satisfied with the proof we sent, because he heard from no one after that until early December of 2005 when Van Ru started calling.

I am 71 and had a stroke last August. I am going to make very, very sure that this is cleared up for once and for all this time because it is unlikely that I will be around for the next time. Luckily I have the time to do it. Between the National Guard and his job, Dennis would not.

The rotten part is, I am very sure he is not the only one being victimized. The moral is, everyone should question whether they actually owe a bill that old.
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  #35  
Old 01-30-2006, 01:56 PM
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Becky,

That's a great move one could ever have taken. I appreciate your approach to them.

Yes, it does not seem that wrong SS# is the only reason. You should also contact US Department of Education and report against them. DOE maintains a list of collection agencies and all the student loans are assigned to these agencies only. If any of them caught red-handed while violating fdcpa, I think DOE will take legal action against them; at least they will remove this agency from their list.

You are pretty aware of your rights and state laws. I am sure you will be able to win this battle. Please keep us informed on what is going on, best of luck
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  #36  
Old 02-01-2006, 10:21 AM
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Actually, the main problem 'they' have is that they don't have a usable signature on the promissory note, and have admitted as much.

Seems to me that if you can't prove someone signed for something, then that person is not liable. Fact is, their own cover letter says they can't.

What surprises me is that the US board of Education can't seem to hire people that understand even the basics.

For instance, I could say anyone owes me any amount of money, but if I don't have a piece of paper signed by them that says they do, I would bet anything I would never collect.
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  #37  
Old 02-01-2006, 11:17 AM
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Becky,

Since you are confident that your son paid this loan in full, I would suggest you not to worry. I would stick with my opinion of debt validation. If Van Ru contacts you again, simply ask them to validate the debt or send your request through CMRRR.

Once they receive debt validation request, they must verify it with the original lender. Now, without a valid signature on the promissory note, how could one establish their claims? So it can be anticipated that they will not be able to validate it legally. Hence there is no question of paying it.
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  #38  
Old 02-02-2006, 07:49 AM
beckyj42002 beckyj42002 is offline
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Bryan, that is what I have been doing with VanRu.

This wouldn't bother me nearly as much if it didn't seem to be a trend. About every two or three years, the US Department of Education contacts me to pay-off a Student Loan dispersed in the late 70's. EVERY time I have to go through the process of showing them once again that I do NOT owe them anything.

One person in a family is bad enough. Two in the same family kind of leads me to believe that it is a problem that could be affecting just about anyone that EVER took out a Student Loan. Fortunately, I keep paperwork. I am really worried about anyone who may not.

I was gone for about 3 weeks and they had convinced my son that he DID owe the loan. He even offered to repay it at $50.00 a month. (They said that was not enough) Then I came home and for some reason decided to go through an Index box that I hadn't opened for years. (Someone up there was guiding me?)

1992 is a long time in the past, and 1988 is even further. Most of us need something to trigger memory from that far back. An Index card with all the Payoff dates did it for me. Then I started gathering the rest of the proof.

In your first reply to me you said,

"Higher Education Act allows Department of Education and Guaranty agencies to issue administrative order for the employer of any default student loan borrower. The employer is then bound to withhold as much as 10% of the debtor's disposable pay and send it to the ED directly.

The whole process does not require any court order even. This federal law replaces wage garnishment related state laws, if any."

There is a process that overrides this. BUT, you have to send a written "dispute" to the US Department of Education, along with any pertinent paperwork. I did this in 1999 and heard no more about it until 12/2005. (Same problems with their contention at that time)

I am 71 years old and had a stroke back in August last year. I have no doubt that this will come up again and again for the rest of my son's life. I won't be around to remind him of this fiasco next time.

Or anyone like him that has simply forgotten that they didn't ever take that particular loan out in the first place.

We are told that we must keep paperwork for three years. Where the US Department of Education is concerned, I would suggest keeping every single piece of information regarding a Student Loan, for EVER. This includes any Credit Reports obtained over the years. They show what was NOT there. Not once in the last 18 years, has this 'loan' ever showed up on my son's Credit Report. The one he paid off did. Even 3 years AFTER he paid it off.
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  #39  
Old 02-02-2006, 09:34 AM
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Quote:
I am 71 years old and had a stroke back in August last year. I have no doubt that this will come up again and again for the rest of my son's life. I won't be around to remind him of this fiasco next time.
Becky, your words make me emotional. Have faith on ‘someone up there', I'm sure your son will also be guided through out his life.

Quote:
"Higher Education Act allows Department of Education and Guaranty agencies to issue administrative order for the employer of any default student loan borrower. The employer is then bound to withhold as much as 10% of the debtor's disposable pay and send it to the ED directly.

The whole process does not require any court order even. This federal law replaces wage garnishment related state laws, if any."

There is a process that overrides this. BUT, you have to send a written "dispute" to the US Department of Education, along with any pertinent paperwork.
Thanks for the update. Hope this info will help other members of this forum as well.

FYI, Nebraska Student Loan Program is also known as National Student Loan Program I guess. It could be possible that due to two different names of the agency, there is no valid signature in the promissory note. You should bring it under their attentions.

You have mentioned in one of your previous posts that they are saying your son took two loans that were disbursed on the same date, which he didn't. Are they intended to collect the second one? Or they are calling you for both of the loans?

Claiming the second loan seems to be a blunder on their part. You have done it right by sending your correspondence to ED. Hope you get some positive response.
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  #40  
Old 02-02-2006, 09:36 AM
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I forgot one important thing becky. It's nice to see you as a registered member of this board.

Welcome to forums
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  #41  
Old 02-02-2006, 05:20 PM
beckyj42002 beckyj42002 is offline
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Thank you Bryan.

The National Student loan thing must have come up just a short while back. Back in 1988 they were only known as Nebraska Student Loans.

They agree that he paid that one off back in 1992. It was the only one to ever show up on a credit report. Funny thing is, he got a copy of his dealings with the US Department of Education off their Web-site. They have 3 different dates listed as the dispersal dates. Each one for the full amount??? (I am having a problem remembering that the people who put it there are working for the Department of EDUCATION???)

As for remembering 'Someone up there', you would not believe all the things that Being has done for me. I'm not likely to ever forget Him.

Thank you again for the kind words.
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  #42  
Old 02-04-2006, 09:58 AM
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Welcome Becky,

Quote:
They have 3 different dates listed as the dispersal dates.
How can they do this? This makes me crazy. You should file complaint with ED. Also speak to VanRu about the problem.
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  #43  
Old 02-14-2006, 02:16 PM
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I work for van ru and it is not a scam. People need to realize they didnt pay there bills!!! Take some accountability!!! You are not customers to us and our job is to collect money you owe the client. We can be nice and we can be mean. It all depends on how you act with us first and if you are cooperative or not.
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  #44  
Old 02-14-2006, 03:06 PM
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Anonymous- please understand though that you must do your collection efforts in compliance with the law at all times without exception.
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  #45  
Old 02-14-2006, 04:12 PM
beckyj42002 beckyj42002 is offline
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ANYNOMOUS, probably would have been pretty simple to figure out you work for VanRu by what you wrote and the way you wrote it.

Looks like you are being a trifle upset there. BTW, how often do YOU pay bills you DON'T owe.

I guess you could say you didn't read my posts? If you did, it should be apparent that my son doesn't owe the US Department of Education, so why would he want to co-operate with someone who INSISTS he does, 4 and 5 times per day? Would you???

Interesting sidenote:He finally received the copy of the promissory note from VanRu today that I requested some months ago. Carbon copy of the two that he had already received from the US Department of Education in the last few days. Right down to and including the FACT that the signature is blacked out, with a notation in the blacked out area....'Poor Source Original Documents will be retained in portfolio'.

Next page is suspiciously missing. Wonder if that is because it states that WITHOUT a valid SIGNATURE the promissory note is not worth the paper it is typed on? (Not in those words, but pretty close.) I do still have the two copies of that.

Now VanRu sends this promissory note and it is very obvious that their employees aren't even capable of understanding that a promissory note MUST be SIGNED by the person who is said to owe it. I think it would be neat if they would at least hire High School Graduates.

Incidentally, too bad I didn't log all of those calls after I told VanRu to 'cease and desist'. There is a $1,000 fine for each call they made. I do have 5 that I did log with *57 though.

Interesting that those 5 calls came after I spoke to a Supervisor, twice. Maybe VanRu could find someone to at least give their employees a basic education in house.

You say you can be nice and you can be mean. Logical doesn't seem to have any place in your scheme of things. All I ever asked for was proof that my son owed it. I knew darn good and well you didn't have it.




5





Not to denigrate your intelligence, but it doesn't take a Rocket Scientist to understand a person has to sign something BEFORE they can be held liable.
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  #46  
Old 02-14-2006, 05:20 PM
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Anynomous,

It's good to see your post here. Would you mind to review all the posts in this thread and suggest suitable solution for them? Take Becky's post as an example. Her son paid the student loan in full; still collectors are calling at her home and claiming more money.

Could you suggest a solution to this problem?

Why VanRu is listed with bad business bureau. No body is there to praise them; all are saying they are rude, harassing and tough. I assume you are always mean, never nice. I cannot post the link here, anybody willing to see their report with bad business bureau, please google “van ru credit corp” and look for ripoffreport.com

Moreover, it's not Anynomous it's Anonymous, LMAO.
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  #47  
Old 02-15-2006, 10:36 AM
beckyj42002 beckyj42002 is offline
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Anonymous, Interesting! Neat place to do a search on anyone you are thinking of doing business with. You saved me on one this morning.

Hint:It is a credit counseling Company I learned of by signing up here. All I can say is, it would probably be best to trust no one. How sad.
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  #48  
Old 02-16-2006, 09:36 AM
Jedi Mistress Ari Jedi Mistress Ari is offline
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looks to me like the details of the ealier post describing a sent promissory note with someone else's info on it is probably a dumb rookie mistake following a skiptracing effort. Someone probably looked up this gentleman by name and nothing else, and then assumed this was the correct debtor.
Since they have the wrong guy they should own up and apologize. This kind of thing happens frequently in skiptracing, and when it does, the collector should gracefully make amends.
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