Consumer complaint received 2021-10-07
Company: AES/PHEAA
State: MD
Product: Debt collection
Sub-product: Federal student loan debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
I XXXX XXXX entered a consumer credit transaction with Fed Loans Servicing on XX/XX/XXXX. I investigated and found fraud and several violations committed by Fed Loan Servicing. Fact, affiant is aware and has proof in the attachment labeled as Exhibit A, Exhibit B and Exhibit D that Fed Loan Servicing is in violation of 15 USC 1605 ( a ). A finance charge is the sum of all charges in a consumer credit transaction, and it does not include cash. Fed Loan Servicing Union in fact charges me outside the finance charge and takes electronic cash from me as monthly payments and continues to apply additional charges to the alleged account as shown in Exhibit A, Exhibit B and Exhibit D.

Fact, affiant is aware and has proof in the attachment labeled as Exhibit A, Exhibit D and Exhibit D that Fed Loan Servicing is in violation of 15 USC 1666d ( B ). Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer. Fed Loan Servicing in fact produced false and misleading statements that I owe the alleged debt on a positive balance due Fed Loan Servicing has failed to refund me any part of the amount of the credit balance, upon request of the consumer as shown in Exhibit A, Exhibit B and Exhibit D. On XX/XX/XXXX, I sent an affidavit via certified mail ( Exhibit I and J ) to Fed Loan Servicing where my instructions state I am demanding monetary relief of {$100000.00} as shown in Exhibit H. 

Fact, affiant is aware and has proof in the attachment labeled as Exhibit G that Fed Loan Servicing is in violation of 15 USC 1692c ( b ). ( b ) Communication with Third Parties : Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. Fed Loan Servicing in fact has provided third parties personal, false, and derogatory information that is sabotaging my character without my consent as shown in Exhibit G. 

Fact, affiant is aware and has proof in the attachment labeled as Exhibit A, Exhibit B, Exhibit C and Exhibit D that Fed Loan Servicing is in violation of 15 USC 1692d ( 1 ). The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. Since XX/XX/XXXX, Fed Loan Servicing in fact has sabotaged my reputation by threatening to report as shown in Exhibit A, Exhibit B, Exhibit C and Exhibit D and is reporting fraudulent and delinquent information to third parties as shown in Exhibit G. 

Fact, affiant is aware and has proof in the attachment labeled as Exhibit A, Exhibit B, Exhibit C, Exhibit D and Exhibit G that Fed Loan Servicing is in violation of 15 USC 1692d ( 2 ). 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 : ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. Since XX/XX/XXXX, Fed Loan Servicing in fact has harassed and abused me in connection with collection of the alleged debt by using obscene language as shown in Exhibit A, Exhibit B, Exhibit C, Exhibit D and Exhibit G. 

Fact, affiant is aware and has proof in the attachment labeled as Exhibit A, Exhibit B and Exhibit D that Fed Loan Servicing is in violation of 15 USC 1692e ( 2 ) ( A ). A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. The false representation of ( A ) the character, amount, or legal status of any debt. Since XX/XX/XXXX, Fed Loan Servicing in fact has provided me with a false representation on the amount of the alleged debt as shown in Exhibit A, Exhibit B and Exhibit D. 

Fact, affiant is aware and has proof in the attachment labeled as Exhibit A, Exhibit B, Exhibit D and Exhibit G that Fed Loan Servicing is in violation of 15 USC 1692e ( 10 ). The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. Since XX/XX/XXXX, Fed Loan Servicing in fact has provided me with false and deceptive statements in connection with the collection of the alleged debt as shown in Exhibit A, Exhibit B, Exhibit D and Exhibit G. 

Fact, affiant is aware and has proof in the attachment labeled as Exhibit A, Exhibit B, Exhibit C and Exhibit D that Fed Loan Servicing is in violation of 15 USC 1692e ( 11 ). The failure to disclose in subsequent communications that the communication is from a debt collector. Since XX/XX/XXXX, Fed Loan Servicing never disclosed with me on each exhibit that Fed Loan Servicing is attempting to collect a debt as shown in Exhibit A, Exhibit B, Exhibit C and Exhibit D. 

Fact, affiant is aware and has proof in the attachment labeled as Exhibit A, Exhibit B, Exhibit C and Exhibit D that Fed Loan Servicing is in violation of 15 USC 1692f ( 1 ). A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) the collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. Since XX/XX/XXXX, Fed Loan Servicing in fact attempts unfair debt collection monthly as shown in Exhibit A, Exhibit B, Exhibit C and Exhibit D. 

Fact, affiant is aware and has proof in the attachment labeled as Exhibit A, Exhibit B, Exhibit C, Exhibit D and Exhibit E that Fed Loan Servicing is in violation of 15 USC 1692f ( 7 ). A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. ( 7 ) Communicating with a consumer regarding a debt by post card. Since XX/XX/XXXX, Fed Loan Servicing in fact has communicated with me regarding the alleged debt by post card as shown in Exhibit A, Exhibit B, Exhibit C, Exhibit D and Exhibit E.

Fact, affiant is aware and has proof in the attachment labeled as Exhibit A, Exhibit B, Exhibit C, Exhibit D and Exhibit E that Fed Loan Servicing is in violation of 15 USC 1692f ( 8 ). A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 8 ) Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. Since XX/XX/XXXX, Fed Loan Servicing in fact uses a symbol other than the debt collectors address and it indicates that Fed Loan Servicing is in the debt collection business on an envelope when communicating with me via physical mail as shown in Exhibit A, Exhibit B, Exhibit C, Exhibit D and Exhibit E.

Fact, affiant is aware and has proof in the attachment labeled as Exhibit F that Fed Loan Servicing is in violation of 15 USC 1692g. Fed Loan Servicing in fact failed to provide the five requirements listed under 15 USC 1692g in repeated investigations to validate the alleged debt as shown in Exhibit F, XXXX deleted the account from the consumers credit file. 

Fact, affiant is aware and has proof in the attachment labeled as Exhibit A, Exhibit B, Exhibit D and Exhibit G that Fed Loan Servicing is in violation of 15 USC 1692h. If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer, and where applicable, shall apply such payment in accordance with the consumers directions. Fed Loan Servicing in fact has failed to follow my instructions highlighted in Exhibit H. Exhibit I and Exhibit J show proof Exhibit H was mailed to Fed loan Servicing.

Company response to consumer: Closed with explanation