Consumer complaint received 2022-01-17
Company: Nelnet, Inc.
State: GA
Product: Debt collection
Sub-product: Federal student loan debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I have made a complaint against the CFPB on XX/XX/2022 and they responded on the date of XX/XX/2022. Your response to me through the CFPB asked me to call you to handle this matter. As of XXXX XXXX you received a call from me and you could not conspicuously validate anything but use another form of alleged debt from one debt collector as your own. In with discussion with one of your agents I informed her that stating I owe a debt would be a violation of 15 USC 1692B ( 2 ). She could not rebut that statement therefore, she knew that It was illegal. I told XXXX  I rescinded all of my signatures and she said that I was opted in. I felt completely violated through her use of tone and through that statement alone and told her that that was unauthorized use of my credit card when I have not applied authority 15 USC 1602 ( P ). Again a credit card is defined in 15 USC 1601-I so my social is a form of a credit card. After I explained that to the agent, she went on saying they have not used my credit card ignoring the validity of my factual statement. She went on in silence waiting for my response and told me it was a loan transferred over from XXXX XXXX and continued to tell me she had all of the promissory notes in front of her and willfully confined to tell me I owed a debt which is a violation of 15 USC 1692B ( 2 ) and 15USC 1692E ( 10 ). XXXX did stated that I agreed to to the transfer of debt in the promissory note as a negligent none knowledgeable adult at the time I will you that the promissory note was false and misleading using language that I clearly did not understand which is a violation of 15USC 1692 ( 1 ). She then went on to say that XXXX XXXX Sold their whole portfolio of student loans to another entity by the name of XXXX XXXX XXXX trust which would be a 3rd party debt collector and First Mark Services is the servicer. That is a violation of 15 USC 1692D ( 4 ). Once again I can not owe any debt, because I have extended my consumer profile and debt is never I the positive. Every violation I sated above through this whole statement she kept saying she didnt understand, and kept referring back to documents I have not signed with them. I then repeated to her where did I sign a contract with First Mark Services. She could not give me a valid answer. You have not only lied, but taken my identity using my social and signature, which is identity theft. She went on saying of course you didnt. That Is all the proof I needed to prove I never had a contract or owed you guys anything. It is an illegal debt. You have also stated you are not against the FDCPA, but you have contradicted the very things you said you didnt do. I am entitled to a civil liability 15 USC 1692k which states that for each violation on the FDCPA you will be fined XXXX. I am demanding that the balance on this account be zeroed out, send me back all of the payments I have made totaling XXXX, and to delete all of the consumer reports you have sent to the credit reporting agencies. 

To go more in depth with the Electronic Signatures in Global and National Commerce Act ( E-Sign Act ). It states, The E-Sign Act allows the use of electronic records to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing, if the consumer has affirmatively consented to such use and has not withdrawn such consent. I the consumer have rescinded my signature under XXXX contract XXXX and I have never consented for a signature in the first place which is a violation of 15 USC 1681B Furnishing a consumer torpor without the consent of the consumer, 15 USC 1681 ( A ) ( 2 ) ( B ) Furnishing an account that was created from a credit card or similar device, and 15 USC 1602 ( P ) Unauthorized use of a credit card when the user does not have implied authority. Also a credit card is denied in 15 USC 1601-I. The FDCPA 15 USC Never uses the term Borrower, because there is no such thing as a borrower. In fact, to state that I owe any debt is against 15 U.S. Code 1692b ( 2 ) Once again, I as the consumer, Natural Person, original creditor can not have a loan because I have extended my credit via 15 U.S. Code 1602 ( g ). You have used my credit without authorization which means you are in violation of 15 USC 1692J Furnishing a deceptive form to make the consumer believe they owe a debt, and 15 USC 1692B ( 2 ) Stating a consumer owes a debt. Debt does not have a positive balance so how can I owe anything that has a positive balance? This makes everything First Mark Services said invalid. You are also in violation of 15 U.S. Code 1692 Congressional findings and declaration of purpose because you have not only used abusive practices to collect this alleged debt, but you have also used Inadequate laws, and Interstate commerce. You have stated that I acknowledged the account was mine because I have made payments. I made payments because you have harassed me and threatened to hurt my consumer profile which a violation of 15 USC 1692d and FCRA 15 USC 1681. Not only that, you and XXXX XXXX are in violation of 15 USC 1692D ( 4 ) the advertising or the sell of a debt to coerce payment and 15 USC 1692E ( 10 ) Using deceptive means to coerce a consumer into paying a debt. You have not only denied my request of validating that I owe any type of debt, but continued to use vulgar language as well as harassing me for this alleged debt. You have then asked me to send you private information so that you can fraudulently charge me for more alleged debt. This is a violation of 15 U.S. Code 1692b ( 1 ). I have sent you my name, address, number, account number and social through the CFPB as well as mail which has all the information you need. You also already have my number in the system, which is why you keep calling and harassing me.

Company response to consumer: Closed with explanation