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I have a private student loan that was disputed in court...

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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




I believe that it has been 7 years since the item was originally reported and therefore, it has disappeared from your credit report. As far as I know, there is no way to escape a student loan debt, Federal or private. The thing is that even if the item is not on your credit report, it does not mean that you are not liable for the debt.

Sub: #1 posted on Thu, 09/13/2012 - 22:46

Steve Barris Steve Barris

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Quote:
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.

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.
Quote:

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

SOAPLADY SOAPLADY
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The validity of the loan was disputed and there was a class action settlement, which I agreed to, that reduced the amount of the loan significantly. It was disputed because service paid for were not rendered. So the settlement says I must pay but a reduced amount. However they may not be able to provide original documentation that I even have a loan.
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

xfatjx xfatjx

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Private loan guarantors have copies of the prom notes..it is either on microfiche or digital . What you wont seem to understand is that the loan is NOT sold but placed with different agencies and law firms....the guarantor has always been the same. There is usually a very strong paper trail since they NEVER sell the accounts,

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

SOAPLADY SOAPLADY
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That's just it. The class action was against the loan company. So the settlement did not provide me funds, it forced the loan company to reduce my balance as a "forgiveness". Basically the school shut down and so many students were just plain not going to pay, that the loan company agreed to take a lesser amount from everyone.
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

xfatjx xfatjx

(Posts: 3 | Credits: )

Quote:
That's just it. The class action was against the loan company. So the settlement did not provide me funds, it forced the loan company to reduce my balance as a "forgiveness". Basically the school shut down and so many students were just plain not going to pay, that the loan company agreed to take a lesser amount from everyone.
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.

Quote:
"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."

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.


Quote:
So can I really request these documents? If they can not provide them can I refuse to pay??

They will have the docs...plus copies of your cashed check.

Sub: #6 posted on Thu, 09/20/2012 - 03:58

SOAPLADY SOAPLADY
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