Consumer complaint received 2020-11-17
Company: Navient Solutions, LLC.
State: TX
Product: Student loan
Sub-product: Federal student loan servicing
Issue: Dealing with your lender or servicer
Sub-issue: Received bad information about your loan

Complaint:
As it is written in federal law for electronic signatures, Navient is not following the rules. 

Under the Electronic Signatures in Global and National Commerce Act ( E-Sign ) established by Congress on XX/XX/XXXX ( Pub.L. 106229, 114 Stat. 464, enacted XX/XX/XXXX, 15 U.S.C. ch. 96 ) it also states : if the consumer consents electronically, or confirms his or her consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information ( section 106 defines information as : The term " information '' means data, text, images, sounds, codes, computer programs, software, data-bases, or the like. ) that is the subject of the consent ; and ( D ) after the consent of a consumer in accordance with subparagraph ( A ), if a change in the hardware or software requirements needed to access or retain electronic records creates a material risk that the consumer will not be able to access or retain a subsequent electronic record that was the subject of the consent, the person providing the electronic record ( i ) provides the consumer with a statement of ( I ) the revised hardware and software requirements for access to and retention of the electronic records, and ( II ) the right to withdraw consent without the imposition of any fees for such withdrawal and without the imposition of any condition or consequence that was not disclosed under subparagraph ( B ) ( i ). 

e ) ACCURACY AND ABILITY TO RETAIN CONTRACTS AND OTHER RECORDS.Notwithstanding subsection ( a ), if a statute, regulation, or other rule of law requires that a contract or other record relating to a transaction in or affecting interstate or foreign commerce be in writing, the legal effect, validity, or enforceability of an electronic record of such contract or other record may be denied if such electronic record is not in a form that is capable of being retained and accurately reproduced for later reference by all parties or persons who are entitled to retain the contract or other record. 

You named a company called " XXXX '' and there is no company with that name currently that handles contracts that are signed electronically. So if this is a real company, they would have access to the electronic record on a hard drive or software such as the audit trail and IP address for digital date security. I have repeatedly requested those records and you refuse to provide them even though legally I should have access to them. 

Who is the contact for XXXX? I should be able to contact them directly and get the audit trail, digital date certificate, and IP address for the supposed electronic signatures. The name alone implies there would be an electronic record of this transaction. 

If you can pull up the document ( even though I can not pull up the document on my own ) then it should be just as easy to pull up the audit trail and digital data certificates!!!!! 

Every company that has electronic accessible accounts or documentation has an electronic audit trail that tracks login information for digital data security purposes such as IP addresses ( which would provide my exact location if I in fact signed electronically as you claim ) used when account was accessed, date, time of login etc? 

I have asked for this multiple times via email for everything that I supposed signed online and Navient refuses to acknowledge it or provide it. 



XXXX Said via email : " you also requested the plan online in XX/XX/XXXX ( application attached ). Since this request was also completed online, it was electronically signed '' I asked for and never received : It is funny how now XXXX now claims I requested it online ( XXXX XXXX made no mention of how it was requested in her previous responses which is why I asked for proof of how I " contacted '' Navient to ask for it ) and then signed it electronically even though the form clearly states in BOLD : " To enroll in a repayment plan identified below, sign and fax this form to us at XXXX, or mail it to : Sallie Mae, Inc XXXX. XXXX XXXX XXXX, PA XXXX '' It clearly states that can ONLY be faxed or mailed in which you refuse to acknowledge that there is no mention of an electronic option. So I supposed requested it " online '' and " electronically signed '' it the same day but then also previously requested in XXXX on the forged by Navient promissory note in Section E on page 3. 


( 1 ) So 7 years apart I made the same request for a 2 year graduated plan on the promissory note in XXXX on section 3 page 3 and separately on a Sallie Mae repayment option request form online in XX/XX/XXXX? 

( 2 ) When I asked how I requested it, now Navient claim I requested online but provided no proof that I repeatedly requested of when, where, electronic record of my login,?

( 3 ) It is easy to claim everything was done online when you can not provide proof of the request such as audit trail, IP info, email confirmation, etc. 
( 4 ) Somehow I managed to electronically " x '' a tiny box in XXXX ( even though everything before that promissory note was handwritten ) but in XXXX I supposedly put an " 8 '' instead of an " x '' on a form that clearly states it has to be faxed or mailed only. No mention of electronic signature or electronic filing anywhere on the page. 

XXXX said via email : " Additionally, we spoke with you on numerous occasions, without you mentioning fraud, '' I have repeated asked for proof of that which Navient refuses to provide : WHEN DID NAVIENT " SPEAK TO ME '' ON NUMEROUS OCCASIONS? 

Navient records ALL calls for quality assurance right? Where are all the call recordings of me calling Navient and dates and times did I call and what number did I call from since Navient claims that I have spoken with them numerous times. 


Why is that so hard to provide if Navient " spoke '' with me numerous times? 

XXXX Said : Fraud If you feel this loan was disbursed fraudulently, we encourage you to complete the attached Fraud packet and return it to us for review. Please note, a police report may also be required. However, we can not further review your fraud allegations without this completed packet. You also sent : LOAN DISCHARGE APPLICATION : FORGERY However, the application clearly frames all questions as geared towards a school or individual committing the fraud when I am clearly accusing Navient because Navient have failed to provide the proof that I have reasonably requested multiple times and should be easy to obtain. 

Other questions as what I did with the funds even though I never physically received the funds. It also states that 3 months must have of lapsed since I found out about the forgery and it hasn't. 

It also clearly states : " You can use this form to apply for discharge of a FFEL Program or Perkins Loan Program loan only if the loan is held by the U.S. Department of Education ''. Navient clearly stated that these loans serviced by Navient are NOT held by the US Department of Education. 

So wouldn't that disqualify me? 

Also my local police department will NOT file a report because of the statue of limitations ( XXXX and XXXX ) and because I say it Navient that did it not an individual nor school. They said it is a civil matter not a criminal one. So they gave me a form that I CAN NOT use and knew it! 

I hate liars and Navient has lied since Day 1 and won't provide audio calls since they claim they have " spoken '' with me numerous times, nor audit trails for electronic signatures, or digital data certificates which would produce IP address details and more for all electronic signatures, logins, etc.

Company response to consumer: Closed with explanation