I have a private student loan that was disputed in court. There was a settlement for less than the original amount. Since then the loan has been sold and resold at least 3 times. It has suddenly disappeared from my credit report. The "Servicer" of the loan is still asking for payment. Can I refuse payment or will it reappear on my credit report? I don't think they could produce any original paperwork if I asked for it. Can I freeze my credit now, then stop paying them, then when they try to report to the credit bureau I can deny it? I'm not sure if it would work that way. Any advice?? I can provide additional details if that will help
-J
Sub: #1 posted on Thu, 09/13/2012 - 22:46
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Ok...you disputed it but agreed to a settlement?? Did you pay the settlement on the spot?? Did they get their judgment contingent on you paying it off??
Why were you disputing it?? The lenders can always show proof of the debt.
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It has suddenly disappeared from my credit report. The "Servicer" of the loan is still asking for payment. Can I refuse payment or will it reappear on my credit report? I don't think they could produce any original paperwork if I asked for it.
Validating student loans is pretty easy....the servicer/bank has a copy, your guarantor has a copy. Again...did they get their judgment?? Have you made payments?? Honestly...stopping payments is playing with fire....especially if there is a contingency jjudgment against you.
Can I freeze my credit now, then stop paying them, then when they try to report to the credit bureau I can deny it? I'm not sure if it would work that way. Any advice?? I can provide additional details if that will help
Sub: #2 posted on Fri, 09/14/2012 - 17:24
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I believe the original documents may not be in the possession of the lender. The whole thing was kinda a scheme and the paper trail is very weak. If they can not provide original documents do I have a chance of getting this dismissed?
Sub: #3 posted on Wed, 09/19/2012 - 19:43
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You have been to court and agreed to a settlement....did they get their judgment contingent on the payment?? If you dont pay, they can then use all legal remedies available to them...garnishment, bank levy and property leins.
Sounds like you were part of a class action against the school......however your lender would not have been party to that class action. Did you get a pay out from the class action to apply to your loan??
Sub: #4 posted on Wed, 09/19/2012 - 21:18
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It's fairly complicated actually :(
I just was hoping to get answers about how my credit report worked. Many of the other students are still in touch and many people have been talking about trying this...
"Please provide me with your statement of the amount owing as
of (Friday) June, 29th 2012, required monthly payments, and a "Truth
in Lending" statement that indicates how long it will take to pay off the debt
paying only the minimum due, together with your assurance that
you will accept payment in direct and immediate exchange for the original instrument of indebtedness in it's original form."
So can I really request these documents? If they can not provide them can I refuse to pay??
btw... THANK YOU
Sub: #5 posted on Wed, 09/19/2012 - 22:27
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It's fairly complicated actually :sad:
The class action suit would have been against the school not the lender. The school closed and didnt provide you services. (What school was this?) The lender's contract states nothing about providing you an education so they would not have been party to the class action...they simply lend you the money to go to the school of your choice. The lender may have simply agreed to less or received funds from the class action to lower your balance.
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I would assume the loan is in default which means none of this applies. When you default your loan balance becomes due in full in full. Are you asking for the actual original loan docs?? Aint going to happen...you will get reproduced copies. Lenders dont keep them anymore...everything is stored electronically,
You still havent answered my questions...were you personally sued for this debt? You agreed to a settlement but didnt pay. Normally if you dont pay, the settlement is null and void.
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They will have the docs...plus copies of your cashed check.
Sub: #6 posted on Thu, 09/20/2012 - 03:58
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