Consumer complaint received 2019-05-03
Company: F.H. Cann & Associates, Inc.
State: CA
Product: Debt collection
Sub-product: Federal student loan debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
FH Caan threatened to garnish my wages. 
FH Caan has been continually delaying the completion of my agreement letter to be sent to the US Department of Education. I need the assistance of your office to get FH Caan to force FH Caan to send my agreement letter for my rehabilitated student loan needs to be sent to the US Department of Education. 

I. BACKGROUND OF CASE I took out a student loan from the US Dept of Education in XX/XX/XXXX for {$40000.00}. I have made almost {$30000.00} in payments over the years including the funds hijacked by the department from my IRS refunds. The letter from FH Caan indicate that the principal is {$150000.00}. and with interest and collection it is over {>= $1,000,000}. Note that FH Caan collection charges are {$32000.00}. The collection agencies have shuffled my loan from collection agency to another agency and turned my {$40000.00} loan to over {$210000.00}. 

The IRS hijacked my IRS refund in XX/XX/XXXX. I called the US Dept of Education in XX/XX/XXXX and was told that the Loan was in collection and that I had to contact FH Cann. In XX/XX/XXXX, I called FH Caan who told me that they had sent a letter to my employer to start garnishment of my wages and the only way to stop it was to start a monthly payment plan toward my loan. The FH Caan associate did a financial calculation over the phone with me and started a {$140.00} per month payment plan which they have been deducting from my debit card every month. The FH Caan associate told me he was sending paperwork for me to sign and that I was to include 2 paystubs. I did sign the paperwork and sent 2 paystubs. In XX/XX/XXXX, XXXX XXXX informed me that my credit indicated that I was in default with my student loan. I called FH Caan who said the paystubs were not clear since I had taken a picture of the paystub on the computer. They sent me another set of forms for me to sign. When I looked at the forms, it was the same form that I had signed in XX/XX/XXXX, therefore I did not see the need for me to sign the forms and send it again. I also did not see the need to resend paystubs since the computer picture I had taken of my paystubs that I submitted inXX/XX/XXXX was the same clarity as the w2 stubs that I send to the IRS and if the IRS accepts the stubs then I did not see why FH Caan is saying that the stubs were not clear.

In XX/XX/XXXX, the US Department of Education again hijacked my IRS refund for XX/XX/XXXX. I called the US Department of Education and they said that the agreement letter to rehabilitate the loan was not in my file. 



I called FH Caan and they said I had to fill out a new financial disclosure form which I filled out and sent by fax on XX/XX/XXXX. I also sent 2 copies of my XX/XX/XXXX paystubs since they said they needed recent paystubs. I sent the signed financial disclosure form that they said I had to fill out and the paystubs on XX/XX/XXXX. I called FH Caan the week of XX/XX/XXXX and XXXX said that the signed disclosure form was not legible and it had to be redone. XXXX did not even bother to read the writing as he could not even read the street address which had been printed. I told him that if he was refusing to even make a good faith effort in reading the form, then he should type it out and send it to me and I would sign the typed form and send it back. I again signed the new financial disclosure form and emailed it to them on XX/XX/XXXX. That week I again called FH Caan to make sure they got the form. XXXX then said that the medical and dental was incorrect since I stated that I was paying {$360.00} a month. I forwarded the email from the Dentist them with the patient ledger that the Dentist sent me. The ledger shows that my Dental bills were over {$4000.00} incurred in XX/XX/XXXX and XX/XX/XXXX. The Dentist is out of network with my insurance and it was required that I pay the amount at the time of the visits. As indicated on the ledger, the payment was made from my Visa Card. I told FH Caan that the {$360.00} per month that I am claiming that I am paying for dental bills go to pay off the Visa Card that the {$4000.00} Dental payment was made from. Once again, a copy of the Dentist patient ledger was sent to FH Caan the week of XX/XX/XXXX. FH Caan said my monthly payments would now be {$220.00} per month. I disagreed that the payments should be that high. I said their calculations were incorrect and they were not factoring the {$360.00} dental payments made monthly. They also said my monthly income net was over {$4800.00}. I disagreed as my biweekly take home pay is XXXX. I requested to speak to a supervisor and was connected to XXXX. XXXX said she would have the calculations include the dental payments. I received the new financial disclosure form ( attached paystubs ) on XX/XX/XXXX and I emailed it to them on XX/XX/XXXX. I called FH Caan on XX/XX/XXXX to confirm that they had received it. XXXX said they did receive it but now he said I needed to send 2 new paystubs since the XX/XX/XXXX paystubs were no longer current. I sent my XX/XX/XXXX paystubs on XX/XX/XXXX. I called on XX/XX/XXXX and left a message requesting XXXX to call me back to confirm that all documents were in order. I did not get a call back. I called again onXX/XX/XXXX and requested to speak to a supervisor. I spoke with XXXX and he said the paystubs were not in my file. I again emailed the paystubs while he was on the phone and he confirmed he received it. He started giving me this line that new calculations had to be done and that I was required to pay {$220.00} per month. I told him that that is not what XXXX had said as she said the inclusion of the {$360.00} dental payments per month brought the monthly payments to {$120.00} per month. He again said that calculations had to be done. I told him that they were going around in circles and they were intentionally missing deadlines as the paystubs and forms had to keep being redone. 

II. CONCLUSION FH Caan is not making any effort to get my loan out of default. I called the Department of Education and they said my file was missing the agreement letter, the letter that FH Caan is supposed to send them, to get my loan out of default. I have fulfilled my part of the requirements to get the student loan out of default and that they are preventing my loan from being out of default by their claims of insufficient documentation. FH Caan need to send the agreement letter to the US Department of Education to get my loan out of default. 

Please send me an email or call me if I can provide additional information.

Company response to consumer: Closed with explanation