Consumer complaint received 2016-06-08
Company: AES/PHEAA
State: DC
Product: Student loan
Sub-product: Federal student loan servicing
Issue: Dealing with my lender or servicer
Sub-issue: Trouble with how payments are handled

Complaint:
Below is a summary of my experience with American Education Services ( " AES '' ) and the Pennsylvania Higher Education Assistance Agency ( " PHEAA '' ) : AES services certain of my college and law school student loans. XXXX loans ( exceeding {$20000.00} ) were incorrectly reported by AES as in default as a result of a misapplication of a payment by an AES employee in XXXX XXXX. 

I have been employed full time and without interruption since completing XXXX and, until this experience, no creditor has reported me as delinquent or in default with respect to any financial obligation. 

In XXXX XXXX a large payment was made on my behalf to AES as part of a refinancing of my loans. In XXXX XXXX an AES representative advised me via phone that the XXXX XXXX payment could be 'reapplied ' to my account so that it would be credited more heavily against my higher interest rate loans ( rather than pro rata against all loans ). The representative said that the reapplication of past payments is common and, without providing additional detail, said that she would process the reapplication with no further action by me. Immediately prior to this conversation, I was current on the repayment of all of my loans. At no time in my conversation with the representative did she advise me that she would process the reapplication in such a way so as to cause certain of my loans to default. ( Of course, I would have never consented to the reapplication had I been so advised. ) Approximately one day after my XXXX XXXX phone conversation, I received an email from AES which alleged that a " delinquency continues to exist on your student loan ( s ) '' and that " despite repeated attempts '' I have allowed my loans to become delinquent. 

Approximately two days after my XXXX XXXX phone conversation, I received an email from AES " To inform you that since you have failed to comply with the terms / conditions of your loan ( s ) AND you have ignored our repeated attempts to resolve the delinquency, you must now pay the loan ( s ) listed on the reverse side of this letter IN FULL ''. 

Beginning with XXXX XXXX and continuing to today, I have had recurring, repeated contact with AES representatives ( I estimate between twelve and twenty four hours total ) in an attempt to understand and remedy the alleged default. 

Substantially all of the AES representatives with whom I spoke since XXXX XXXX acknowledged that the reapplied payment was the sole and proximate cause of the alleged default. 

I received conflicting and/or often incorrect advice from AES phone representatives with whom I spoke since XXXX ( delaying further the remediation of the issue ), for instance : ( i ) that the XXXX XXXX AES emails to me alleging default were likely inadvertent byproducts of the payment reapplication and were issued in error ( incorrect ), ( ii ) a past payment on loans serviced by AES could not be reapplied later ( incorrect ), ( iii ) the payment reapplication could be reversed so as to remedy the issue ( on at least XXXX occasions in XXXX, different AES representatives advised me, incorrectly, that they would remedy the issue in this manner ), ( iv ) the AES " resolutions '' department would remedy the issue ( did not occur ), and/or ( v ) no obvious remedy of the issue existed. 

In XXXX XXXX or XXXX XXXX, a XXXX representative advised me that the advice I had received over the preceding three to four months from various AES representatives had been incorrect. Soon after, an AES representative agreed with the XXXX representative and acknowledged that I had received incorrect advice from AES previously and directed me to wait two to three weeks so that she could resolve the issue. 

I was finally advised on XXXX XXXX XXXX by an AES representative that AES would not resolve the issue, that my loan balances were due in full immediately, and that I may be subject to wage garnishment.

Company response to consumer: Closed with non-monetary relief