Consumer complaint received 2019-04-02
Company: AES/PHEAA
State: MD
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:
XXXX XXXX XXXX ( XXXX ) AFFIDAVIT XX/XX/2019 RE : TIMELINE AND EVIDENCE OF DEPARTMENT OF EDUCATION-PHEAA-XXXX XXXX ( XXXXXXXX ) CHECK FRAUD, {$1000.00} CRIMINAL THEFT, FROM MY CHECKING ACCOUNT ON XX/XX/2019. 

Timeline of XXXX bank fraud/unauthorized withdrawal and check fraud theft involved two ( 2 ) separate-but-linked acts XX/XX/2019 and XX/XX/2019 : ( a )  XXXX first act of bank fraud ( unauthorized withdrawal ) on XX/XX/2019 : ( i ) On XX/XX/2019 XXXX received by US Mail XXXX signature receipt required, my personal check # XXXX for {$1000.00} ( the eighty-fourth ( 84th ) payment, due XX/XX/2019, made according to Standard Loan Repayment contract : i.e.  fixed, equal monthly payment for 120 months to paid-in-full ) ( See EXHIBIT 1. XXXX Vice President, Loan Operations, XXXX XXXX XXXX signed letter attached expressly affirms Standard Loan Repayment of {$1000.00} ( fixed equal monthly payment amount ) due on tenth ( 10th ) day of each month, 1 page attached. ) ( ii ) On XX/XX/2019 XXXX made unauthorized withdrawal of a lesser amount, {$1000.00}, less than {$1000.00} indicated on the face of my check # XXXX ( EXHIBIT 2. Copy of check # XXXX, 1 page attached. See also EXHIBIT 7. XXXX XXXX XXXX  withdrawals from my account listed by check #, date, and amount withdrawn, 2 pages attached. ) Said XXXX engineered underpayment, an unauthorized withdrawal i.e.less than check # XXXX specified amount, thereby XXXX willfully misrepresented the XX/XX/2019  underpayment of my student loans breaching Standard Loan repayment contract was my fault ( see also ( vii ) ). 

( iii ) On or about XX/XX/2019, I first received notice via my XX/XX/2019 XXXX XXXX XXXX statement of XXXX unauthorized {$1000.00} withdrawal using electronification ( ECK ) of my paper check # XXXX. I notified XXXX XXXX XXXX   immediately XX/XX/2019 of XXXX unauthorized withdrawal, submitting my affidavit and police report number to XXXX XXXX XXXX XX/XX/2019 ( EXHIBIT 3. Affidavit Submitted XX/XX/2019 Re XXXX Unauthorized Withdrawal, 2 pages attached. ) ( iv ) On XX/XX/2019 XXXX XXXX XXXX  reversed unauthorized ECK payment of {$1000.00} to XXXX recrediting my checking account for {$1000.00} ( EXHIBIT 4. XXXX XXXX Confirmation of Reversal of XXXX Unauthorized Withdrawal Via XXXX ECK of Check # XXXX, 1 page attached. ) ( v ) On XX/XX/2019, I filed Consumer Financial Protection Bureau ( CFPB ) complaint # XX/XX/1903-XX/XX/3883 attesting under oath of preceding facts ( i ) - ( iv ) above then XXXX promptly complied with XXXX express directive via CFPB to resolve this matter. ( EXHIBIT 5.  XXXX  Acts In Compliance With XXXX Express Directive via CFPB to Replace Check XXXX With Check XXXX, company [ XXXX ] response XX/XX/2019, 8 pages attached. ) ( vi ) On XX/XX/2019, acting per XXXX express directive ( see EXHIBIT 5. CFPB Complaint # XXXX-XXXX company [ XXXX ] response highlighted text ), I submitted a check # XXXX for {$1000.00} on XX/XX/2019 to replace reversed-for-unauthorized-withdrawal check # XXXX which check XXXX attested to CFPB under oath they could no longer use ( per se perjury ) to debit my account for XX/XX/2019 monthly payment ( see EXHIBIT 5. company [ XXXX ] response. ) Check # XXXX was US Mail signature receipt ( signature, XXXX XXXX, see EXHIBIT 5. ) received by XXXX on XX/XX/2019 ( see EXHIBIT 5. ) and ECK debited from my checking account on XX/XX/2019. ( See EXHIBIT 7. XXXX XXXX XXXX  withdrawals from my account listed by check #, date, and amount withdrawn, 2 pages attached. ) As of XX/XX/2019 my student loan group account was current, i.e. no payment is due until XX/XX/2019. 

( vii ) On XX/XX/2019, I received via US Mail from XXXX two form letters indicating my student loan account was delinquent. ( See EXHIBIT 6. Two XXXX delinquent account form letters datedXX/XX/2019, 6 pages attached. ) My XXXX account was never delinquent from XX/XX/XXXX date my group loans entered repayment through today, XX/XX/2019. Note : timeline facts ( i ) - ( ii ) given above, XXXX had received timely in-full monthly payments : check # XXXX for {$1000.00} ( see EXHIBIT 3. photocopy of check # XXXX received by XXXX XX/XX/2019 and ECK debited for unauthorized amount- {$1000.00} by XXXX on XX/XX/2019 ; and check # XXXX for {$1000.00} ECK debited my account on XX/XX/2019 for {$1000.00}. ( See EXHIBIT 7. XXXX XXXX XXXX withdrawals from my account listed by check #, date, and amount withdrawn, 2 pages attached. ) The sole proximate cause of reversed payment of check # XXXX was XXXX self-generated unauthorized ECK debit on XX/XX/2019. XXXX self-generated the required check reversal subsequently used by XXXX to misrepresent in fraud blame-shift from XXXX for payment delay to me, per se extortion via bank fraud.

( b ) FedLoans second act of bank fraud ( check fraud-theft of {$1000.00} from my account ) on XX/XX/2019 : ( i ) OnXX/XX/2019 XXXX used check # XXXX as a paper check ( not ECK, as prior ( ii ) ) to debit triple monthly payment of {$1000.00}. ( See EXHIBIT 7. XXXX XXXX XXXX   withdrawals from my account listed by check #, date, and amount withdrawn, 2 pages attached. ) On XX/XX/2019, no payment was due XXXX until XX/XX/2019. My XXXX account was current as of XX/XX/2019 check # XXXX for {$1000.00}, payment directed by XXXX to replace reversed check # XXXX. Ten ( 10 ) days after electronically cashing replacement check # XXXX on XX/XX/2019, XXXX action to withdraw {$1000.00} on XX/XX/2019 is per se check fraud/criminal theft using check routing and account numbers to take {$1000.00} neither authorized nor owed XXXX.

Company response to consumer: Closed with monetary relief