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Phone Calls from DCS About Defaulted Private Loan

Submitted by on Fri, 04/22/2011 - 17:48
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Greetings, all,

I've been reading this forum skimming for similar threads, but I couldn't find anything that directly applied, and hoped to receive some advice from the resident experts.

I took out a CitiAssist student loan from Citibank back in 2006 for the amount of $6,000. My grandmother co-signed for me, but she passed away in April of 2010. After interest was applied, the total amount came to around $7,300. I initially made payments after graduation for a total amount of $750, but quickly fell on hard times and stopped making payments on my CitiAssist loan and my Federal Loan (which is now around $22,000 but not defaulted).

Over the years I used up my deferment time on both loans, and out of my own stupidity, just stopped contacting CitiBank. I finally found a full time position last year, and once I got back on my feet I decided to earnestly start repaying my loans. My federal direct student loans went smoothly and after an extended period of deference, I just started repaying it this month. However, when I tried calling CitiBank last year, they told me that my loan had just defaulted and that I would be hearing from a collections agency soon, and that they couldn't help me. The guy I spoke with then said he didn't know which agency the loan was with at that time. This was last October.

Fast forward to this morning, when I got a phone call from a lady at DCS who asked my name and requested that I confirm my identity by telling her my address and social security number. I didn't know who she was, so I asked her to tell me the information she had, and she correctly read out my current address and the last 4-digits of my social security number (is it okay for these agencies to just give out people's information like this?). Anyway, after I confirmed that she was correct, she then announced herself as a student loan collector who is working on behalf of The Student Loan Corporation (Citibank) in order to collect my outstanding balance of $7300, said she would use any information in order to collect the debt, and requested that I get a pen and some paper to write down what she was about to tell me.

I was actually at work at the time, and had a meeting I needed to attend in the next ten minutes, so I asked her if I could call her back later in the evening. She said she would not be in the office later today, but that I could call her tomorrow (Saturday) morning. I said okay, and hung up.

So that's my background. What I want to ask of you great people is some advice on how I should approach this situation. I've been reading a lot about similar situation for the last few hours, and there seems to be a lot of conflicting information. I fully intend to repay the lone, and would be happy to start soon, but I don't want to forced into some ridiculous down payment, or be threatened by wage garnishment if I don't have to.

I've read that this "first contact" phone call is one of the most important ones, so I want to make sure I have everything down before talking with the CA tomorrow. I've read about "loan rehabilitation", but I also read that it might only be an option for federal loans. Can anyone provide some light on this and how it works with private loans? It sounds like the best option for me, who simply cannot pay back the entire amount at once. If it's something I can take advantage of, is it something that the CA is obligated to honor?

I'll probably have more questions later, but in the interest of someone actually reading this wall of text, I should probably end here. I would greatly appreciate any help! Thanks in advance.


Thanks for the reply, SOAPLADY.

I read in some places that talked about rehabilitation even for private loans, but that really isn't an option, then?

I'm sure they will demand the balance in full tomorrow when I speak with them, but as I mentioned in my first post, I definitely am not able to pay it.

So, just to be clear, even if we agree to some sort of payment plan, the standard practice for these collection agencies is to sue the defaulter even if they are currently in repayment?

Am I pretty much just screwed, then, unless I can pay the full amount immediately? If that's the case, is there any point in even speaking with them tomorrow? If they are going to sue me regardless, wouldn't I just be better off ignoring them until I get a request to appear in court? Or, would it be better for me to ask them for debt validation in order to buy time?

If you have any suggestions at all that could give me an advantage tomorrow, I'd greatly appreciate it.


Submitted by on Fri, 04/22/2011 - 23:20

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DVing will most definately NOT buy you time...it will force the issue faster. Most loans dont get sued on for a couple of years...DVing them could make them close and return with a legal recommmendation. From a collector perspective, they are not going to want their inventory clogged with accounts waiting on documentation. It is more cost efficient for the collector to get rid of the account.

Your interest is acccruing daily which means you are getting deeper and deeper into the hole. Starting to pay now does make a difference in the long run.

Is there anyone you can borrow from to settle with them? You can probably get 25% knocked off.


Submitted by SOAPLADY on Sat, 04/23/2011 - 04:22

SOAPLADY

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Thanks again for the reply!

I definitely won't go the DV route, then. It's just that your previous post made it sound like CAs tend to sue immediately after contacting the defaulter, even if they agree to a payment plan.

I don't know anyone who has a spare $7,000 laying around that I could borrow, so that definitely isn't an option, unfortunately. My job pays decently, so I would be able to afford a few hundred dollars a month, which is what I plan to offer them.

I suppose my only course of action right now is to offer them a reasonable monthly payment, and then try to save up a large enough lump sum to offer them as a settlement down the road. Hopefully I can do that before they decide to sue.


Submitted by on Sat, 04/23/2011 - 09:41

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