Consumer complaint received 2015-03-19
Company: ECMC GROUP, INC.
State: CA
Product: Student loan
Sub-product: Non-federal student loan
Issue: Dealing with my lender or servicer
Sub-issue: Having problems with customer service

Complaint:
On XXXX XXXX, XXXX I submitted documentation to ECMC, in accordance with their internal policy and the XXXX protocol, requesting student loan discharge due to false certification and id theft. I included a letter of material fact - examining the nature of my dispute and the history of my forced compliance with ECMC, multiple certifications of my signature ( including my government issued identification and social security card ) along with my police report citing the XXXX fraudulent accounts ECMC currently holds under my name and social security number. 

Still, ECMC has continued to insist I have not fulfilled the requirements of discharge because I have not submitted a " court judgment '' indicating I am the victim of fraud. 
Herein lies the problem. No person has been arrested or prosecuted for the illicit activities arising from my personal information having been compromised. I have fortunately not been wrongly charged for a crime due to the illegal usage of my personal information. XXXX of these conditions must be applicable in order for me to petition for a " court verdict '' or submit a request for certificate of identity theft judicial finding of factual innocence. 

Until XXXX of those conditions is satisfied, I can not provide a copy of any court judgment. This, however, does not nullify my claim or disqualify me from submitting other means of proof ( which I have ) to have the fraudulent loans discharged. According to Federal Regulation 34 CFR 682.402 ( e ) ( 14 ) ( ii ) ( A ) and ( B ) I am entitled to submit " authentic signature specimens and other means of identification corresponding to the means of identification falsely used to obtain the loan '' to qualify for loan discharge due to identity theft in lieu of a court judgment. 

Not only have I filed a report with the Federal Trade Commission, my local police department the ECMC Ombudsman, the XXXX Ombudsman and contacted the XXXX credit bureaus, I have ( barring the impossibility of a court verdict ) followed ECMC 's instructions precisely. It is an act of willful non-compliance that ECMC has not abided by the XXXX regulations and discharged these fraudulently obtained loans. 

I formally request that ECMC close these XXXX accounts, remove them from my credit reports and provide restitution of the {$9400.00} taken from me. Remuneration can not restore the years of damage done to my credit, nor retrieve the expenditure of time lost in arguing my case with the loan guarantor and originator, nor mitigate the stress, but the monies rightfully belong to me and should be returned. 

The following is an excerpt from XXXX of the letters I submitted to ECMC : In XXXX, after being notified by my employer that my wages were to be garnished for student loans I never applied for, from colleges I never attended, I called the guarantor of the loans and spoke with a representative that offered no alternative but a repayment plan or a prolongation of wage garnishment ( though I vehemently informed the representative I was not the responsible party, had no knowledge of said loans and was not even living in California at the time the student loans were opened ). I initially refused to pay for the loans, and in turn, monies were taken from my salary and tax refunds. I was young and uninformed. It seemed I had no recourse in the matter. I finally and begrudgingly acquiesced, in XXXX XXXX, to entering a rehabilitation program for the fraudulently filed loans when yet again, after filing my taxes, another {$430.00} was taken from me as an IRS offset. Not until this year, after having upwards of nine thousand dollars taken from me, did I learn I could file for discharge due to id theft. And even now, after submitting all I can, ECMC continues to keep this matter unresolved. I am downright exasperated.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation