Consumer complaint received 2019-05-07
Company: Windham Professionals, Inc.
State: NE
Product: Debt collection
Sub-product: Federal student loan debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
Please attach to complaint ID XXXX, I found additional documentation to support my complaint.

I would like

to add to my complaint and ask for a formal investigation into the accounting and collection practices of XXXX ( Loan account number XXXX ) and Windham Professional Inc. In XX/XX/XXXX I defaulted on my student loans ( see doc # 1 included ) due to my husband being out of work while receiving treatments for XXXX, which he has since passed away from after a long 10 year battle. While in default I was harassed and treated unfairly by one of the XXXX XXXX XXXX hired by the XXXX XXXX XXXX XXXX. This agency was Windham Professionals , Inc., who is listed in the Office of Inspector Generals audit report from XX/XX/XXXX. I do believe the harassment I received was intentional and malicious because they believed they could treat me this way as I was a woman. I did not have the wherewithal needed to fight this type of collection tactics since I was the sole support to my family as my husband was fighting for his life.

After months of harassing calls at work and home, I made an agreement ( see doc # 2 notes from harassing calls ) with Windham to participate in the FFELP Loan Rehabilitation Program ( see doc # 3 for agreement ). I was concerned and worried what might be done if I did not comply with their demands. The threatening calls were so intense I made the agreement even though our financial situation had not improved and my husbands XXXX had XXXX. I was in dire need of help and did not have anywhere to turn. I started making payments in XX/XX/XXXX. Please see enclosed document for agreement.

In XX/XX/XXXX my student loan was rehabilitated and purchased by XXXX XXXX on XX/XX/XXXX ( see doc # 4 ). When looking over my loan amounts they did not match. NSLP document states I owed {$75000.00} on XX/XX/XXXX and XXXX shows my loan balance as {$73000.00}. Enclosed are both of these documents for you to review. On XX/XX/XXXX I had to dispute the 18.50 % collection fee Windham tried to charge me, which I never agreed to. Please see enclosed document # 5 ( 4 pgs ) and fax report showing it was sent. I do show on my XXXX  print off a credit of {$13000.00} which I am assuming was the fee they tried to charge me. This is a guess on my part as I never received any documentation stating this. I have not been able to find where the {$6500.00} in payments I made to Windham was applied to my loan balance. As you will see XXXX does not provide an amortization of my loan payments and balance ( see doc # 6 5pgs ). How can this be acceptable and/or legal to not provide this to a consumer?

This leads me to my second complaint I need assistance with how all my payments for the last 7 years have all went to interest. I have enclosed my payment history ( doc # 6 ) from XXXX  to show from XX/XX/XXXX to XX/XX/XXXX I have paid {$39000.00} and this entire amount has went to interest only. I work in the financial industry and this can not be fair and appears to be highly deceptive in their lending practices.

I called Nelnet on the evening of Tuesday, XX/XX/XXXX and asked if they could explain this to me. After over an hour on the phone, I asked for all of my documents to be sent to me so I could investigate and file a complaint against them. I explained I wanted all the documents showing all the fees and interest charged since XX/XX/XXXX. Please note after my call ( and only after my call ) to XXXX my XX/XX/XXXX payment does show {$130.00} to principle. Again very confusing!

I took responsibility for my loans and wanted to pay back what I owed and worked with the collection agency to get it rehabilitated. In my call on Tuesday night, XX/XX/XXXX, I asked for copies all the fees and interest I was charged when I was in default and where does it show the {$6500.00} in payments was applied in XX/XX/XXXX. I was instructed XXXX will only release this information if I get a subpoena. How can this be legal to ask borrowers to pay for fees and interest that were not disclosed to them and no documentation will be provided without court documents.

I graduated from the University of XXXX XXXX XXXX in summer of XX/XX/XXXX with a loan debt and promissory note for {$33000.00}. I deferred my student loan for 5 years after graduating as my income would not cover my loan payment at that time. I did a consolidation in XX/XX/XXXX with my payments starting in XX/XX/XXXX with my new consolidated loan balance of {$42000.00}. If you look at my history I have paid on this loan since XX/XX/XXXX with payments over the last 17 years adding up to {$90000.00}. I have paid approximately 3 times what my original loan was back in XX/XX/XXXX. As you can see on my statement XXXX  claims I still owe {$63000.00}. This would total {$150000.00} ( 5 times my original loan ) and that does not even include additional interest on the {$63000.00} they say I still owe. How can this be fair and legal? I have more than paid this loan in full and it should reflect this.

I am looking for help or guidance in dealing with these deceptive practices and what legal rights I have. If needed I will contact a lawyer to file a case and to request a subpoena to view the documents from the collection agency as I believe they will show illegal activity being done by this agency and lender.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with non-monetary relief