Consumer complaint received 2017-05-29
Company: Navient Solutions, LLC.
State: GA
Product: Student loan
Sub-product: Federal student loan servicing
Issue: Struggling to repay your loan
Sub-issue: Can't get other flexible options for repaying your loan

Complaint:
THIS IS NOT A DUPLICATE COMPLAINT. NAVIENT NEEDS TO RESPOND TO THIS AND SHOW THEIR CALCULATION SO THEIR RESPONSE CAN BE TURNED OVER IN A LEGAL FORMAT ( COURT OF LAW ).        Navient Response  as  of  XX/XX/XXXX   O n  XX/XX/XXXX  , IDR was correctly processed using  your  XX/XX/XXXX  tax  return for a payment of {$1300.00} per month for 12 months. Since you indicated your income is now lower, you may submit an IDR application, along with your most current proof of income, requesting that we recalculate your payment. This can be completed thro ugh studentloans.gov  My response to Na vient as of  XX/XX/XXXX  On  my  XX/XX/XXXX  approved IRS tax form, my Adjusted gross income was {$62000.00}. Of this income {$23000.00} was from income from a job I lost on    XX/XX/XXXX   . A document from the school system was sent along with  my  XX/XX/XXXX  T ax form verifying this loss of employment and income. The above documentation that you state I can submit has already been sent to you twice. It will not be sent a third time.     Simple math :  XXXX  - {$23000.00} = {$38000.00}. The above payment of {$1300.00} X 12 months = {$15000.00} per year to  Navient Student  Loans. This simply equates to 41.09 % of my adjusted income ( prior to the calculations of  my Discretionary Income. Current US  Department of Educ ation Laws  allow the maximum percentage of a persons income to be applied to any student loan at 15 %. Again, simple math {$38000.00} 150 %  of the  XX/XX/XXXX  Pove  rty Level (   {$17000.00} ) = {$20000.00} X 1 5 % = {$3000.00} divided by 12 months = {$250.00} per month = period.      Yet Navient stated Quote The IDR was correctly processed   using your  XX/XX/XXXX  ta x return for a payment of {$1300.00} per month.       What is the difference in a man who is now separated from his wife and his Adjusted Gross Income and his Discretionary Income? Is a persons Adjusted Gross Income the same as their Discretionary Income? Not per the US Department of Education ( see chart below ). 150 percent of the Poverty level must be removed from the persons adjusted gross income - prior to calculating any student loan payment. Therefore, my Adjust Gross Income is {$38000.00} - {$17000.00} ( 150 % of the poverty level ) = {$20000.00} X 15 % divided by 12 months = {$250.00} per month- period. The amount that Navient said was Processed correctly would represent {$1300.00} x 12 monthly payments or {$15000.00} per year in student loan payments. My discretionary income is {$20000.00}, therefore, the amount that Navient said was processed correctly represents 76.56 % of my income ( just to Navient ).
Finally, Navient will be paid the correct monthly amount of {$250.00} which will still be a tremendous burden on me and my current financial situation, however, I will make these payments on an automatic debt withdraw from my bank. In addition, I will also continue to pursue Legal action against Navient for their un-wiliness to work with a student loan client, including the stress they cause a person trying to make payments wh   o is three  months away from being  XXXX   years old . I will ask the court to look at the numerous times that Navient tried to place me in forbearance ( when I did not want forbearance ) and the numerous times I have had to re-submit the same information to them. Add to this the threating communications I have received from Navient and their total disregard of wan ting to help clients make reasonable payments ( based on the persons current economy situation ). It seems much easier for Navient to just turn a person over to collection, ruin their credit than to take the time to work out a reasonable- legal re-pay ment plan.      XXXX   XXXX   XXXX   XXXX   XXXX   XXXX   XXXX , GA  XXXX   XXXX  XXXX  XXXX

Company response to consumer: Closed with explanation