Consumer complaint received 2018-01-30
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: AES/PHEAA (OH)

My AES my accounts are being listed between 150 and 120 days past due for the better part of three years. I have been attempting to correct this reporting with AES for almost three years. Over the last three months they have been provided with every bank statement, email and correspondence and credit report available to explain that my accounts were never late when I was with XXXX XXXX XXXX and all of my payments have been made with AES on-time. 

Last night, AES provided a formal response to their position ( see enclosed ). When combined with the information that I shared, you should be able to better understand the situation and update my credit report to accurately reflect what is verified by the credit bureau. 

Background. 

AES is stating that the reason they are marking my account 120-150 days past due on the first month they are reporting my account is because my payments to XXXX XXXX XXXX were delinquent from XX/XX/XXXX - XX/XX/XXXX. After XX/XX/XXXX, my loans were transferred from XXXX XXXX to AES and AES. 

XXXX XXXX XXXX confirmed through both the credit reporting agency and my call with them today that my last payment was initiated on XX/XX/XXXX and received. They also confirmed this through XXXX as they updated my credit report in XXXX of XXXX to accurately reflect that every payment made during our relationship was paid and never late through XXXX of XXXX. 

Initially, XXXX XXXX XXXX incorrectly listed me as being late 60 days in XX/XX/XXXX. 

This error was corrected in XXXX of XXXX by XXXX XXXX XXXX and with the assistance of XXXX. I have attached credit reports from XXXX of XXXX and XX/XX/XXXX re-verifying the past error and correction in XXXX. I also marked the changes and updates to clearly show the account was current when it was transferred to AES. 

For the record, the customer service analyst that I was working with at AES XXXX XXXX indicated that she saw numerous glitches in their system related to my account and things dont look right. It is my understanding that AES did not properly set up my account in their system until the end of XXXX which is why two payments that I initiated through their system on the XXXX and XXXX were not applied to my account. 

AES asked me to provide them with written authorization to speak with my bank about my account and sign a document. My attorney informed me that any document that I sign could potentially release their liability and negligence when I take them to court. 

AES indicates that they received my first payment onXX/XX/XXXX for {$300.00} ; however, I provided information from my bank supporting previous payments that were made from my account. 

If they are recognizing their first payment was {$300.00} on XX/XX/XXXX it would mean that my account is at worst 54 days past due - which it's not. 

**AES provides their logic for how they arrived at 120 or 150 days past due for my account status in the letter. ** We received a payment for {$300.00} on XX/XX/XXXX ; this payment was backdated to cover billing starting in XX/XX/XXXX according to the information we received from your previous servicer. 

This statement inaccurate and does not make sense. It does prove they never took the time to understand or learn what was going on with my situation after I explained that XXXX recognized and corrected their error. 

Per the attached credit documents my account was never listed as being late with XXXX in XXXX or XXXX. XXXX and XXXX were corrected. If you do the math, and based on what AES indicated in their letter - starting with a 30 day late in XX/XX/XXXX - provides us a reading of more than 120 days late. Its actually 122 days. All of the payments were made therefore, this number and what they have been reporting about me for three years is not correct. 

In speaking with XXXX XXXX XXXX today ( XXXX XXXX and XXXX ), they provided me with a lot of interesting information. First, XXXX mailed the notification of the change of service providers to the wrong address and did not update my new address in XXXX. They updated my address today, and I communicated the change with them in XXXX. This means AES also did not have my correct address. Based on your guidelines - they were required to send me a notice of the change in service providers. 

The Consumer Financial Protection Bureau ( CFPB ) states : Your new servicer generally should send a notice to you within 15 days after the servicing rights for your loan are transferred. This would be XX/XX/XXXX ( because their letter says they received my loan on XX/XX/XXXX ). The notice ( s ) should tell you : The date on which your old servicer will stop accepting payments The date on which your new servicer will begin to accept payments The new servicers name and their contact information The specific date the right to service your loan transferred to the new servicer My due date for the loan with XXXX XXXX XXXX was the XXXX of each month, and if they follow this rule, then my due date would be on XX/XX/XXXX. 

Here is where things get interesting if we agree that the bureau reporting for XXXX and their own admission that the information was incorrect is accurate, then we defer to the ( CFPB ) here too The Consumer Financial Protection Bureau ( CFPB ) states : Additionally, for 60 days from the date your loan servicing transfers, your new servicer can not charge you a late fee or treat the payment as late if you sent it to your previous servicer on time or within the applicable grace period.