Consumer complaint received 2022-11-03
Company: Navient Solutions, LLC.
State: FL
Product: Student loan
Sub-product: Private student loan
Issue: Dealing with your lender or servicer
Sub-issue: Received bad information about your loan

Complaint:
I currently have XXXX Student Signature Loans with Navient that are active and I am paying on them. However, I also have XXXX ( XXXX ) Sallie Mae Student Answer Loans that for the reasons described below are closed and non-collectible at this time. However, I received a letter from XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, OH XXXX stating that they are now collecting on XXXX of the closed and uncollectible loans XXXX with a balance of {$6600.00} and the second just over {$2000.00}. The description of the complaint below has been pulled from a letter I sent to XXXX XXXX XXXX XXXX XXXX XXXX via Certified Mail on XX/XX/XXXX. 

First as these XXXX loans were solicited to me directly, paid into my account directly, disbursed well into the semesters, not disbursed through the institutions Financial Aid office, and above and beyond the cost of attendance, the loans are deemed unqualified and included in my XXXX XXXX  XXXX Bankruptcy. This fact even reflects on my credit report as do all other debts discharged at that time. For this reason a credit report adjustment is not necessary as these loans are not reflected on my current credit report as active loans. This information was communicated to Navient in XXXX. Moreover, the fact that these loans are dischargeable in bankruptcy has been upheld in several court cases in recent years stating that Sallie Mae 's Tuition Answer Loans were predatory and failed to reach the requirements to be considered a qualified private student loan. 

Second, in the event that these loans were not discharged ( they were in fact discharged ) the time to collect on these loans has past. The XXXX accounts placed with XXXX, XXXX XXXX XXXX XXXX by Navient are Time barred per Florida Statute of Limitations. As the last payment on the Navient 's own system shows that the last payment was more than XXXX years ago. Even using the time period of 270 days after the last payment to deem the account in default, the time lapse is still more than XXXX years ago as of today 's date. 

Third, the last payment on these loan were XXXX and XX/XX/XXXX. Yet Navient arbitrarily and dishonestly provided XXXX XXXX XXXX XXXX XXXX XXXX the date of XX/XX/XXXX as the last transaction date which is in violation of XXXX, FDCPA, and potentially FCRA rules. 

As stated above there are several loans which were not discharged. Because of this I frequently access the company 's Website. Until recently the loans in question appeared on their system as dormant. However, in the span of XXXX or XXXX weeks the last payment date was arbitrarily changed to XX/XX/XXXX, even though the company 's own ledger contradicts this. Navient knows that these loans were discharged in bankruptcy and there is no contesting this fact. 

Navient apparently has decided that after XXXX year that they are not going to acknowledge the legality of their loan status. As they are fully aware of the state 's XXXX they took it upon themselves to arbitrarily chose a date inside the COL timeline which violates several collection and collection litigation regulations. If this matter is not settled in a civilized manner I will take it upon myself to counter sue. This information has been reviewed and ready to move forward against Navient and XXXX XXXX XXXX XXXX XXXX XXXX should they neglect to act upon the information I provided to them. 

Thank you

Company response to consumer: Closed with explanation