I have gained very specialized knowledge and skills over the years having worked both side of the student loan field. It really bothers me that there are several companies, individuals, and so-called organizations that will change you hard earned money for information that is readily available free on the web. One "rogue" collector wants to charge $50 for a book and CD's for "secret information". Other organizations will attempt to charge you hundreds of dollars for a Direct Loan Consolidation application which is and always has been, free at the Direct Loan Consolidation website. I will be blogging about student loan collections and simple tips to help you manage your current or defaulted student loans. Have a basic question? I am more than happy to answer it! For free! However if you need more extensive help, I am more than happy to help you at very affordable rates!
Tuesday, May 22, 2012
Student Loan Important Websites
Student Loan Collections and the FDCPA (part 1)
§ 804. Acquisition of location information [15 USC 1692b]
§ 805. Communication in connection with debt collection [15 USC 1692c]
Debt collectors MAY call you at work...there is nothing illegal about it. HOWEVER you can stop them from calling you and I will quote the FDCPA here
(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
So if you tell the debt collector you are not permitted calls at work and then hang up on them, they MAY NOT call you again at work. If someone else like a coworker or receptionist tells them you are not permitted to have calls at work, they MAY NOT call again. Pretty simple. No letter is required.
If you do not wish any communication from a student loan collector at your home, you must do the request IN WRITING. I recommend that this request be done via certified mail, return receipt requested. No fancy letter is required. In plain english you simply state
"Please cease all communications with me in regards to account number a________. " You do not need to quote the laws...they know them. Please note...they are permitted by the FDCPA to make one final call to you, to tell you that their efforts are being terminated or to notify the borrower that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor. With federal student loans, sending a cease and desist will probably result in your account being forwarded immediately to the Administrative Wage Garnishment program department, for your wages to be garnished.
§ 806. Harassment or abuse [15 USC 1692d]
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.
(4) The advertisement for sale of any debt to coerce payment of the debt.
(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
The agency I worked would not tolerate ANYONE violating this section. More than one collector was shown the door for semi abusive comments. Student loan contracts can lost or the placements downgraded for too many valid complaints.
What is not a valid complaint or harassment...
1.Calling you asking you that you pay your debt in full. You agreed to this when you signed your prom note.
2. Calling you if your payment is late is not harassment or abusive.
3. Telling you your wages could be garnished...student loan collection agencies actively garnish without a court order under the Administrative Wage Garnishment program.
4. Calling multiple times during the course of a day with no contact. If you are screening your calls and the collection agency continues to call, that is YOUR fault. Answer on the first attempt and they will not call you back on the same day.
What is valid harassment or abuse.
1. Foul language. Swearing. Degrading or racial comments.
2. Threats of violence or physical harm.
3. Continuing to call you back after you terminate the call.
4. Hanging up on you. A collector should not hang up with phone without notice....ie...slamming the phone down in your ear.
On more than one occasion I had abusive, hostile borrowers on the phone and the call was getting nasty. I would attempt to break in ....if the borrower continued the tirade, I would simply announce "I am terminating this call...have a good day!" and quietly hang up.
Keep in mind when working with a collection, you are NOT the customer. (The customer is the one who placed the account...the DOE, the school or guarantee agency) A collector should be polite but for the most part, do not expect customer service. Some collectors may come off as rude or aggressive....this is NOT illegal.
Tuesday, April 3, 2012
Department of Education Collection Agencies
Yearly these agencies have to re-bid for collection rights. Part of the process involves the agencies being graded on the their work for the previous year. They are ranked on total collections, total number of rehabilitated accounts, total number of federally consolidated accounts and complaints.
Complaints concerning collection activities is a huge factor in determining whether or not an agency will be awarded a new contract. Now, keep in mind that the Department of Ed receives a lot of complaints, most of which are not valid. They receive a lot of complaints that the collection agency is garnishing their wages, calling a third party to locate them, work calls, weekend calls, collection fees, taxes being offset and payments being too high. These are not valid complaints UNLESS they are in violation of the FDCPA or the Higher Education Act.
Progressive Financial Services P. O. Box 24098 Tempe, AZ 85285 (800) 745-2345 | Collecto, Inc. dba Collection Company of America P. O. Box 5369 Norwell, MA 02061-5369 (800) 896-4539 |
Allied Interstate, Inc. P. O. Box 26190 Minneapolis, MN 55426 (800) 715-0395 | Pioneer Credit Recovery, Inc. P. O. Box 228 Arcade, NY 14009 (888) 287-0317 |
NCO P.O. Box 4929 Trenton, NJ 08650-4929 (888) 475-6741 | The CBE Group, Inc. P.O. Box 930 Waterloo IA 50704-0930 (800) 410-8089 |
Diversified Collection Services, Inc. P.O. Box 9049 Pleasanton, CA 94566-9049 (888) 335-6267 | Premiere Credit of North America, LLC P.O. Box 19289 Indianapolis, IN 46219 (888) 744-2602 |
CollectCorp P. O. Box: 960 Phoenix, Arizona 85001 (877) 719-7015 | GC Services P. O. Box 27346 Knoxville, TN 37927 (877) 244-7901 |
Account Control Technology, Inc. P. O. Box 11750 Bakersfield, CA 93389-1750 (866) 887-2800 | West Asset Management, Inc. P. O. Box 105668 Atlanta, GA 30348-5668 (888) 327-2305 |
FMS Investment Corp. P.O. Box 1423 Elk GroveVillage, IL. 60009-1423 (877) 291-8405 | ConServe P.O. Box 457 Fairport, NY 14450-0190 (866) 633-7945 |
Financial Asset Management Systems, INC. (FAMS) P.O. Box 451437 Atlanta, GA 31145-1437 (888) 680-4326 | Collection Technology, Inc. P.O. Box 2036 Monterey Park, CA 91754 (800) 620-4284 |
Van Ru Credit Corporation P. O. Box 1027 Skokie, IL 60076-8027 (888) 337-8331 | Delta Management Associates, Inc. P.O. Box 9192 Chelsea, MA 02150-9192 (866) 441-1957 |
Immediate Credit Recovery Inc. P.O. Box 965363 Marietta, GA 30066 (866) 401-7190 | Coast Professional, Inc. P.O. Box 2899 West Monroe, LA 71294 (800) 964-0881 |
National Recoveries P.O. Box 48367 Minneapolis, MN 55448 (877) 221-9729 | Enterprise Recovery Systems, Inc. P.O. Box 5288 Oak Brook, IL 60522 (888) 377-5000 |
Windham Professionals, Inc. P.O. Box 400 East Aurora, NY 14052 (877) 719-4440 |
Changes Coming to Federal Aid in 2012
Pricier Student Loans
Starting July 1, 2012, interest rates on subsidized Stafford loans will jump from 3.4% to 6.8%, reports the Department of Education. Unsubsidized Stafford loan and graduate Stafford loan rates will stay locked at 6.8%.
The government will also eliminate subsidized Stafford loans for graduate students and, for the next two years, will suspend paying the interest on subsidized Stafford loans for undergrads during the six-month grace period between graduation and when students must start paying back their federal loans. Interest that's not paid during that time period will accrue and be capitalized back into the loan, reports the financial aid website, Finaid.org.
The silver lining is students will receive some help paying back loans. Through June 30 of this year, students with both Federal Family Education Loan, or FFEL, and Direct federal loans -- that means at least one federal loan administered by the government and at least one federal loan administered by a bank or other financial institution -- may be eligible to receive up to a 0.5% interest rate reduction on some of their loans if they consolidate.
The government will also relax regulations on federal loan forgiveness for some students enrolled in income-based repayment. Once finalized, the "Pay-As-You-Earn" plan will reduce loan repayment caps from 15% of a student's discretionary income to 10% and forgive all federal loan debt after 20 years of consecutive payments. Who will qualify for the new initiatives and the exact date on when these changes will go into effect have not yet been announced.
Sunday, April 1, 2012
After working in collections for a decade, I decide to jump to the other side of the table. I became a Financial Aid Officer for a major midwest University where I worked for several years. I also currently contribute and moderate on several online forums.
So why I am setting up this blog?? I am tired of seeing so called student loan relief organizations or individuals who "claim" they have the inside scoop rip off consumers. There is no need to enroll in a service or by a book for $72 to get out of default. If you really need help, I am here to help you! My advise is free, although I am more than happy to accept donations if your case is very complicated.