Consumer complaint received 2016-11-04
Company: Navient Solutions, LLC.
State: NY
Product: Student loan
Sub-product: Federal student loan servicing
Issue: Dealing with my lender or servicer
Sub-issue: Trouble with how payments are handled

Complaint:
this is regarding my XXXX PLUS loan # XXXX from XXXX XXXX XXXX. 

I was XXXX and eventually sent XXXX a letter I was advised by XXXX to stop paying the bill and to let them pay off the lender. That 180 day time period in XX/XX/XXXX/XX/XX/XXXX is the subject of this dispute! 

XXXX received a notice of pending XXXX from me in XXXX XXXX, XXXX and was paid off by XXXX Insurance payment in XXXX XXXX, XXXX. XXXX was paid off by U S ED XXXX XXXX XXXX, XXXX. Due to FCRA and FACTA and FERPA rules, I asked XXXX to waive any late payment history from XXXX XXXX until payoff in XXXX. Now known as Navient, XXXX said they now know I am XXXX since XXXX per XXXX Doctors letter, but, since my Doctors letter of XXXX was not issued until XXXX, Navient claims they can not retroactively change the history. This is despite the US Dept of Ed changing the status of the paid off loan to say : 1. loan is US Dept of Ed property and records were corrected to state : opened XXXX XXXX XXXX, paid as agreed, closed XXXX/XXXX/XXXX and NEVER LATE! ( see credit report ) FERPA, FACTA and FCRA rules protect the parent from inaccurate credit reporting of a PLUS loan. but XXXX continues three years after payoff with a 180 day late charge that is inaccurate, illegal and discriminatory. PLEASE VACATE 18O DAY LATE HISTORY. 

When XXXX ( XXXX XXXX XXXX XXXX ) as loan guarantor received notice of my XXXX, they followed the FERPA law and VACATED their entire tradeline on all Credit reports in XXXX XXXX. ( XXXX WAS VACATED ENTIRELY OFF MY CREDIT REPORT! ) That was because XXXX had been sold and changed their name to Navient, did not have accurate info, transferred its records to XXXX in XXXX XXXX and was not able to track the loan nor the borrower ( me ) since it was paid off in XXXX XXXX by XXXX! So, XXXX followed the FCRA law and VACATED INACCURATE DATA FROM CREDIT REPORTS AND VACATED THE ENTIRE TRADELINE SO I WOULD HAVE A FRESH START AFTER MY XXXX! 

So, since The U S Ed Dept took over the loan XXXX XXXX XXXX RETROACTIVE TO XXXX, took over the servicing and paid off the guarantor, it assumed ALL responsibility for the loan, amended its payment history, its credit worthiness and issued a blanket release to Me ( XXXX XXXX ) in XXXX XXXX. IT STATES I PAID OFF AS AGREED, CLOSED AND NEVER LATE. 

I ASK THAT XXXX DO THE SAME. XXXX REFUSED TO UPDATE THE XXXX CREDIT REPORT TO DELETE THE 180 DAY LATE HISTORY! However, the XXXX other agencies, XXXX and XXXX, both recognized that since my loan was taken over by the US Dept of Ed, and the same loan # XXXX from XXXX XXXX is declared paid in full, paid as agreed, never late and now closed, they DID the same. XXXX and XXXX deleted the 180 day late history due to it being inaccurate! 

Because of that, XXXX, nka, Navient, must follow FCRA law and vacate the late payment history on my credit report. please. I can not get credit due to my XXXX and this mysterious statement that I was 180 days late! 

Why is it that XXXX closed their servicing doors three years ago and can not update my loan since it was paid off and stricken from their loan records in XXXX? 

when you can not get ACCURATE first hand data about my loan, you need to vacate any inaccurate payment history.! that is FCRA law! it is FERPA law! it is FACTA law! and it is U S EDUCATION LAW regarding XXXX settlements!. USA paid off all claims and calls this a XXXX LOAN OPENED BY US ED DEPT. FULLY PAID OFF AS AGREED LOAN, NEVER LATE AND CLOSED XXXX/XXXX/XXXX

Company response to consumer: Closed with explanation