Consumer complaint received 2022-11-20
Company: MOHELA
State: NJ
Product: Student loan
Sub-product: Federal student loan servicing
Issue: Dealing with your lender or servicer
Sub-issue: Trouble with how payments are being handled

Complaint:
Good day MOHELA, This is in response to your response to the complaint # XXXX originally submitted on XX/XX/XXXX. Your response was noted on XX/XX/XXXX and it was found to be unsatisfactory. Please see additional information below, as this was submitted as feedback to the original complaint response, but that complaint is now closed. I am resubmitting this issue and my additional views on the matter. Thank you Thank you for your response, however I find the ruling on my employment verification from XXXX XXXX XXXX XXXX to be unacceptable at this time. First, when my employment verification form was rejected by XXXX XXXX XXXX the first time, all that was requested was a XXXX from the employer to prove my employment. I supplied the XXXX, but it was never processed by them. It was not until my loans were transferred to your company that a paystub was requested. I would be happy to forward the letter I received from XXXX XXXX XXXX to you, so you can see that all that was asked for was a XXXX. Also, several customer service representatives noted that all that was required was a XXXX as well, as this was verbal Confirmation that this was all that was needed. However, when I spoke to a MOHELA representative on XXXX, I, again, was assured that all that was needed was a XXXX and that required pay stubs were generic wording sent to clients. Based on your response to my complaint, this is not the case. How do you plan to educate your representatives to give accurate information to clients and clear up these discrepancies? 

Now, attached to my verification form is a copy of my employment offer letter that was issued to me by XXXX XXXX XXXX XXXX, stating that the position is a full - time position ( first line of letter ), XXXX XXXX shifts ( XXXX ), and indicating my start date. I take this to mean that the job that was offered to me met the minimum federally required hours to be considered a full time position.l, otherwise it would be illegal for them to state this fact. The letter is written on company letter head, and signed with hand written signature by the XXXX XXXX XXXX XXXX XXXX. 

After researching how long pay stubs should be kept but both business and individuals, The XXXX XXXX XXXX XXXXXXXX only requires companies/businesses to hold on to pay information/employment records for approx. XXXX XXXX. Their guidelines are as follows : How Long Should Records Be Retained : Each employer shall preserve for at least XXXX XXXX payroll records, collective bargaining agreements, sales and purchase records. Records on which wage computations are based should be retained for XXXXXXXX XXXX i.e., time cards and piece work tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages. These records must be open for inspection by the XXXX 's representatives, who may ask the employer to make extensions, computations, or transcriptions. The records may be kept at the place of employment or in a central records office. 

I would be happy to forward you their guidelines. 

The XXXX requires individuals to keep documents related to tax filings submitted without issue for XXXX XXXX, and employment records to be kept for XXXX. Their recommendations are as follows : Period of Limitations that apply to income tax returns XXXX. Keep records for XXXX XXXX if situations ( XXXX ), ( XXXX ), and ( XXXX ) below do not apply to you. 
XXXX. Keep records for XXXX XXXX from the date you filed your original return or XXXX XXXX from the date you paid the tax, whichever is later, if you file a claim for credit or refund after you file your return. 
XXXX. Keep records for XXXX XXXX if you file a claim for a loss from worthless securities or bad debt deduction. 
XXXX. Keep records for XXXX XXXX if you do not report income that you should report, and it is more than XXXX XXXX of the gross income shown on your return. 
XXXX. Keep records indefinitely if you do not file a return. 
XXXX. Keep records indefinitely if you file a fraudulent return. 
XXXX. Keep employment tax records for at least XXXX XXXX  after the date that the tax becomes due or is paid, whichever is later. 

This job is XXXX XXXX XXXX! A general Recommendation made by financial professionals is to Keep paystubs for XXXX XXXX, not XXXX XXXX. I happened to keep my original XXXX, though it is not recommended by the government to do so. XXXX time listed on the XXXX  website is XXXX XXXX. My XXXX transcript that was also attached was not sufficient for XXXX XXXX XXXX the first time, even though it was taken directly off the XXXX website. Luckily, I kept my original XXXX and was able to submit them. My offer letter submitted to my verification form states I was a full time employee, my XXXX are there showing I did work at XXXX XXXX XXXX XXXX and was paid. Does anyone in your office hold their paystubs for XXXX XXXX? Does MOHELA have employment records from XXXX XXXX XXXX still available for review for their employees? I would be surprised if they did. Asking me to procure an XXXX XXXX XXXX pay stub is far reaching. 

What I also dont understand, is that if XXXX XXXXXXXX XXXX represented XXXX XXXX XXXX XXXX when they were managing direct loans for clients, why should their criteria of proof of employment be different from Mohelas ? if you both represent the same entity, why did they not request pay stubs and you do? Should the burden of proof requirements have been the same for both servicers since you both represent the XXXXXXXX XXXX  XXXX? Is this another barrier to prevent people from getting their payments recognized, and therefore closer to forgiveness, by asking them to procure information neither an employer or individual is required to keep after a lengthy period of time? Again, I would be happy to send you the letters I have from XXXX stating its a full time position ( though you already have it and have not acknowledged it. ) The XXXX FAQ on XXXX XXXX mentions XXXX as proof of employment. Paystubs are not noted on there at all. I have submitted a copy of the link for your review. XXXX XXXX XXXX 

Please also See this FAQ sheet from XXXX XXXX regarding the definition of full time employment, where is states Most often, it is your employers definition of full time that counts. The link is below for your review. Paystubs on this form is an option, but not a requirement. Form states [ you may be ] asked to provide additional information or documentation to help establish your employment with a qualifying public service organization. This documentation may include an XXXX XXXX XXXX XXXX XXXX XXXX, [ OR ] other documents from your employer that substantiate your employment at the organization or documentation supporting your employers eligibility as a public service organization. 

XXXX XXXX XXXX My offer letter from the employer clearly states Full time position on it, which, again, was supplied to you. 

As far as the payment count, thank you for acknowledging that the tracker is missing this time period of XXXX. I also submitted to my employment verification form, as well as to this complaint, a transcript of the transactions I made to XXXX XXXX XXXX XXXX during the time in question that I procured from XXXX, my previous servicer. It shows that I made payments during an active repayment period shortly after my first direct loan consolidation in XXXX. My XXXX XXXX XXXX verification form form covers part of those dates ( XXXX ). You note in your response that you are working on updating the tracker and my file has not yet been looked at. Do you have a time period as to when this may occur? I can see my resubmitted form from XXXX XXXX has been processed, but no tracker updates have been made. Is there an estimated time that you will be addressing this issue so that I may look for progress? Will you look at the transaction transcript that I have supplied? Or is this something else that will be overlooked, as I was told by XXXX XXXXXXXX XXXX, no one there would look at it. I have been trying to rectify this since XX/XX/XXXX and it has now been XXXX XXXX XXXX XXXX  since I was transferred to MOHELA. I would like a resolution to this issue, XXXX where my missing payments are restored. 

Thank you

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation