Consumer complaint received 2021-03-08
Company: Navient Solutions, LLC.
State: CA
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:
I'M SENDING A COMPLAINT AGAINST 1.FALSE STATEMENTS BY NAVIENT RELEASED TO CFPB IN RESPONSE TO COMPLAINT XXXX of XX/XX/XXXX XXXX NAVIENTS UNFAIR AND DECEPTIVE PRACTICE IN DEALING WITH BORROWER XXXX. 

This complaint is against Navient 's false statements to CFPB received in response to complaint XXXX submitted on XX/XX/XXXX : with these false statements they were able to close the case. Please refer to Complaint XXXX and its reply by Navient for explanations. 

1.My last communication with Navient was through Certified post mail XXXX in XX/XX/XXXX in which I sent all the documentation regarding all the communication had in XXXX : letters, e-mails, all Income sensitive Repayment forms filled out with attached documents and explanations of income and tax return with paystub copies, invoices previously sent to them from XX/XX/XXXX till XX/XX/XXXX. XXXX was my last contact with them through their online system. I could not receive any answers through their platform so no contact was done in XXXX as they say. 
I have attached a document with all the temporal communications with Navient : Year XXXX has been added to show continuity of behavior in a repeated, systematic, unfair and deceptive practice engaged by Navient in relation to IRS Plan Form filing. In XXXX forms were sent in 6 times. Finally accepted in XXXX of XXXX. The documentation send in XXXX that was refused the first time, was exactly the same as XXXX ( XXXX statements ). 
2. Proof of income was sent for XXXX with the same specifications of XXXX ( there was absolutely no difference in documents sent in ). 
Last 3 Monthly statements by XXXX images were sent with my first application form for RENEWAL. But to be fair so that all income could be accountable, I decided to send in also all the invoices and statements because XXXX payments ( 3 last stubs requested ) were very low in their amount ( due to summer months ). 
I received a denial by them based on wrong documents with no further explanation, I then sent in exactly what I had sent in the previous year so I would not make mistakes : last 3 XXXX images statements only ( so they wouldnt get confused ) ( see attached pdf ) and attached 1040 that show evident need for ISR Plan renewal.

Navient states on their reply to CFPB that invoices are not a valid proof of income : 1.Income sensitive Repayment Plan Form has a section were it states : Gross monthly income is the total amount of income before taxes and any other deductions are removed.

2. Forms indicates to circle ALL SOURCES that apply. I indicated Self-Employment earnings. Self employment earnings are most of the times supported by invoices to our Clients and not by pay-stubs. I earn Royalties for my images from which I receive monthly statements but for the rest, for self-employment as a freelance photographer its entirely supported only by invoices to Clients.

3.I was also sent in a worksheet with ISR Plan Form to calculate Monthly gross income which lists various earnings included : Salary/Self-employment earnings, Sales commissions, Allowances, Tips etc. It includes all kind of possible income. 
4. On point 2 of the FORM it states : include copies of your most recent pay statements ( or other documentation of your monthly employment income ) For a freelance photographer these documents are mainly invoices. I explained on all my forms that my income was not regular every month so I summed it all up and sent proof of documentation in addition to the last 3 paystubs by XXXX. 

Navient states in their reply that they could not contact me : My contact information has always been active and valid. My e-mail still is the same e-mail as XXXX. I have received every single automatic reply by Navient for my forms and documents and letters sent in. When I had to turn for help to the Student Aid commission I was advised to change my e-mail address to a certified e-mail so mails could be used legally. But I still had my g-mail active that was used by Navient in all the communications ( I just dont have access to internet all the times ). 
My parents address in XXXX was also available. It was indicated on the certified postal mail sent to Navient in XXXX. 
The miscommunication started way before the online update of e-mail address which happened on XX/XX/XXXX. Deceptive actions and neglecting my forms and letters went on from beginning of XX/XX/XXXX till the total end of communications ( to be precise they started from XXXX ). 

Navient actions have improperly caused myself to incur interests, collection costs, fees, that are the result of a practice engaged by Navient that is unfair and deceptive and in violation of Sections 1031 and 1036 of the CFPA.

This deceptive and unfair drill includes continuously, repeatedly, constantly and purposely neglecting and not acknowledging the forms for ISR Plan sent in one after the other, my letters asking for answers, my letters explaining the situation, my 1040s with pay-stubs and invoices, etc, etc.

Now they are persistent in violating Section 1031 and 1036 of the CFPA by releasing a false and deceptive statement to respond to complaint # XXXX in their defense and successfully obtaining a closure of the case solely based on their deceiving statements. 
I understand we are small individuals compared to these unbeatable entities and with no possibility of a lawyer to defend ourselves. I also know it is my word against theirs but it is unfair not to ask for proofs and read the documentation and communications that were sent when the problem arised. Just looking at the 1040 and the gross amount indicated, anyone could see that ISR Plan needed to be renewed.

This malpractice of theirs, brought my Loan back to the starting point after having paid off a large part of the sum by using up all my Savings. Now I find myself having to pay for their deceiving, abusive behaviors.

I did not receive any information about my Loan being transferred to the agency named XXXX and I never received a notice of default letter by Navient or any other agency. 
As a result of this conduct, I find myself now having to deal not with one but two collections agencies asking me to pay for the same absurd debt amount. 

The federal student loan system exists for a single purpose : to serve students and their families. All parties involved in administering federal student loans, including servicer like Navient, must act with honesty and integrity at all times to ensure that the financial aid programs serve the best interests of students. By engaging in these unfair practices, Navient is disrupting this purpose. 
Their responsibility is to best assist borrowers as issues arise over the lifetime of a loan. I had all the qualifications to receive a Renewal for ISR Plan and Navient was supposed to act with honesty knowing that the options for repayment are keyed to the borrowers income and can be short term or long term and need to take account of their financial hardship. My extreme financial hardship showed with no doubts in my 1040 and all the documents submitted. 
If you read the pleading letters and mails sent to Navient asking for acknowledgment you can see clearly the desperation they had me go through in XXXX and XXXX by trying to deal with them in getting my Forms, not only to be excepted, which was not the main issue here XXXX just by looking at my 1040 you could tell how bad my financial status as a single mom was ) but they were completely ignored! ( see the attached form pdf with temporal indication of all the communications between Navient and I ) I came to know from State of Attorney Generals office that numerous investigations have uncovered similar misconduct by Navient.

I was also informed that State of Illinois and State of California found that Navient regularly misled borrowers who were enrolled in Income Driven Repayment plans about the certification they needed to file annually to ensure that they remained enrolled in such plans, and further discovered that Navient consistently made payment processing errors that resulted in borrowers paying unnecessary late fees and, in some cases, entering into delinquency. This appears to me exactly the path I was pushed into. 
Ive always paid my Loan with amounts of more than {$500.00} dollars a month. I was able to pay such a huge amount using my Savings and I would make an extra payment of more than {$1000.00} at the end of each year to cut down the principle. When my financial situation dropped and my savings had been almost fully used up, I had to revise my payments totally. I had no intention not to pay. It clearly reads in my pleading letters attached! 

IN CONCLUSION, NAVIENTS UNFAIR AND DECEPTIVE ACTIONS RESULTED INTO AN IMMENSE PERSONAL AND FINANCIAL INJURY WITH THIS OUTCOME : - Neglect by Navient of forms and letter for Income Sensitive Repayment Plan Re-certification and dishonest evaluation of Documents sent in which purposely delayed the renewal process ( behavior engaged in XXXX and then repeated in XXXX ). 
- Expiration of Deadline for Renewal of Income Sensitive Repayment Plan not due to my untimely intervention but caused by Navient neglecting my re-certification documents. 
- Monthly payments raised to full amount due to Expiration of Deadline - Loss of Rights to continue pay my monthly payments on a calculated percentage of income and family size ( see XXXX ) ( single mom ) - Loss of Rights given by the Federal Government to Income Sensitive Driven Repayment Plans with subsidized Loans to have interests paid by the government during the first 3 consecutive years of enrollment in the plan.

- Loss of Rights of a possible forgiveness of the remaining balance of the federal loan after making 20-25 years of Qualifying Payments - Defaulted Loan - Loan handed to Collection Agencies with all the fees, costs and interested summed to it - IMMENSE PHYSICAL AND PSYCHOLOGICAL BURDEN BACK IN XXXX - UNBEARABLE PSYCHOLOGICAL BURDEN TRYING TO DEFEND MY CASE TODAY PLUS THE IMMENSE FINANCIAL BURDEN THAT I WILL HAVE TO GO THROUGH BECAUSE OF THEIR ACTIONS ADDED TO TODAYS FINANCIAL HARDSHIP IM STILL FACING WHICH WILL AGGRAVATE THE SITUATION OF LOSS OF JOB DUE TO LOCK-DOWN. 

Please take in consideration all the information included on this Complaint and give the possibilities to both parties to hand in proofs before closing the Complaint. 

Sincerely XXXX XXXX XXXX

Company response to consumer: Closed with explanation