Consumer complaint received 2017-11-17
Company: Navient Solutions, LLC.
State: GA
Product: Student loan
Sub-product: Private student loan
Issue: Dealing with your lender or servicer
Sub-issue: Received bad information about your loan

Complaint:
Dispute to Navient answer ( recent case : XXXX ) since I feel the dispute still have not been properly answered and the reporting CRA is still inaccurate. According to Navient, they stated your student loans are GENERALLY not subject to the Fair Debt Collection Practices Act ( FDCPA ) Using the terminology generally, I need to understand does it or does it not? Repeatedly I have to ask Navient to validate ( Fair Debt Collection Practices Act Sec. 1692g. - Validation of debts ) the loans payable to NAVIENT. Since my first inquiry dated XX/XX/XXXX, Required to Validate a DebtAll documents, including electronic records or images, which bear the SIGNATURE of the debtor and which concern the debt being collected ; A ledger, account card, account statement copy, or similar record, whether paper or electronic, which reflects the date and amount of payments, credits, balances, and charges concerning the debt, including but not limited to interest, fees, charges or expenses incidental to the principal obligation which the creditor is expressly authorized to collect by the agreement creating the debt or permitted to collect by law ; Navient replied. By signing the Promissory Notes, you have agreed to pay the principal and valid interest that accrues on the account in full. Navient provided me with XXXX XXXX Promissory Note, however, none of those documents have my SIGNATURE on them. As my follow up response to Navient ( Letter dated XX/XX/XXXX ) I stated that my disputes were not a request for verification but again for " VALIDATION '' which Navient again failed to provide. I specifically outlined what I have requested as validation again with documentation bearing my SIGNATURE which now Navient has failed to do so three ( 3 ) times in a time frame of sixty ( 60 ) days. As you can see for yourself the attachment Navient provided did not have my signatures on them. Under FDCPA Section 809 ( b ), Navient is not allowed to pursue collection activity until the debt is validated. I again have sent three ( 3 ) request for debt validation my first request, sent within 60 days of receipt of Navients initial  contact, has gone unanswered. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation that I have failed to receive from Navient on all accounts : Complete payment history, the requirement of which has been established via XXXX v XXXX XXXX XXXX XXXX ; XXXX XXXX. XXXX XXXX XXXX and Agreement that bears the SIGNATURE of the alleged debtor wherein he agreed to pay the original creditor. 
Letter of sale or assignment from the original creditor to Navient. ( Agreement with your client that grants you the authority to collect on this alleged debt. ) ( original complaint case XXXX ) Student loans transferred from one company to the next to the next. I am attempting to Validate loans via Navient as I have attempted to clear this matter since XX/XX/XXXX. It appears that the amount is increasing during each transfer. I am sending this request now because I am disputing the validity of the amount and am requesting validation. Attempt # 1 I sent the first letter dated XX/XX/XXXX To Whom It May Concern : This letter is regarding account # # # # # # # # # # #, which you claim I owe $ $ $ $ $ $ . This is a formal notice that your claim is disputed. I am requesting validation, made pursuant to the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, along with the corresponding local state laws. I am requesting validation ; that is competent evidence bearing my signature, showing that I have ( or ever had ) some contractual obligation to Navient. Please also be aware that any negative mark found on my credit reports ( including XXXX, XXXX, and XXXX ) from your company-Navient, for a debt that I dont owe, is a violation of the FCRA & FDCPA ; therefore if you can not validate the debt, you must request that all credit reporting agencies delete the entry. In the absence of any such documentation bearing my signature, I formally request that this information is immediately deleted from the credit file filed under my Social Security number. I do not consent to any means of automated verification. Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. Failure to respond within 30 days of receipt of this certified letter may result in small claims legal action against your company at my local venue. I would be seeking a minimum of {$1000.00} in damages per violation for : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) Please Note : This notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only and is not a statement, election, or waiver of status. Attempt # 2 XX/XX/XXXX as a reply based on document received without a valid signature To Whom It May Concern : This letter is in response to your recent claim regarding account # # # # # # # # #, which you claim I owe $ $ $ $ $ $ $ to NAVIENT. Yet again, you have failed to provide me with a copy of any viable evidence, bearing my signature, showing the account is being reported accurately. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested. Additionally, please provide the name, address, and telephone number of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof, bearing my signature. As per FTC opinion letter from Attorney XXXX XXXX XXXX, you should be aware that a printout of a bill or itemized document does not constitute verification. I am again formally requesting a copy of any documents, bearing my signature, showing that I have a legally binding contractual obligation to pay NAVIENT the alleged amount. Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is inaccurate and incomplete and represents a very serious error in your reporting. I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the Consumer Financial Protection Bureau and the Attorney Generals office, should you continue in your non-compliance of federal laws under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the corresponding local state laws. I further remind you that you may be liable for your willful non-compliance. Failure on your behalf to provide a copy of any alleged contract or other instrument bearing my signature may result in a small claims action against your company. I would be seeking a minimum of {$1000.00} in damages per violation for : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) Attempt # 3 dated XX/XX/XXXX with a Cease and Desist phone call notice To Whom It May Concern : This letter is being sent to you as a Dispute to the letters I received from you dated XX/XX/XXXX and XX/XX/XXXX, in the amount of $ $ $ $ $ $ . Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809. The purpose of this document is to notify you that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you/Navient. Please provide me with the following : What the money you say I owe is for. Explain and show me how you calculated what you say I owe. Provide me with copies of any papers that show I agreed to pay you/Navient what you say I owe. Please attach a copy of any signed agreement debtor has made or other verifiable proof that debtor has a contractual obligation to pay Navient. Please attach a copy of any agreement that bears the signature of the debtor, wherein he/she agreed to pay Navient. In the absence of any such documentation bearing my signature, I formally request that this information is immediately deleted from the credit file filed under my Social Security number XXXX. I do not consent to any means of automated verification. Now, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus ( XXXX, XXXX or XXXX ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company, I will not hesitate in bringing legal action against you for the following : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) Pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist calls to XXXX and XXXX in relation to the alleged account. You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the Georgia Attorney Generals office. Civil and criminal claims will be pursued. If your office provides validation with proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must CEASE AND DESIST. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information to a credit reporting repository that could be inaccurate or invalid. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. Do not call my relatives or my friends. If your offices attempt telephone communication with me, including but not limited to computer generated calls, or calls to third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter through the USPS. It would be advisable that you assure that your records are in order. This is an attempt to correct your records. Any information obtained may be used for that purpose. Since I have been unsuccessful in getting any results from Navient I 've decided to seek additional assistance in this matter.

Company response to consumer: Closed with explanation