Consumer complaint received 2017-07-19
Product: Student loan — Private student loan
Issue: Dealing with your lender or servicer — Keep getting calls about your loan
Company: DISCOVER BANK (NY)

To Whom it May Concern, I originally took out variable rate private student loans with Discover Student Loans to pay for my XXXX education at the XXXX XXXX XXXX XXXX XXXX. I then went on to XXXX XXXX at XXXX University, where I was able to secure Federal Loans and pay monthly on an IBR Plan. At or near the beginning of XXXX, I began to have extensive discussions with Discover Bank/XXXX XXXX regarding re-payment. I informed them of my rather low income and my living situation, which made it near impossible to even pay 10 % of my required monthly payment of over {$2000.00} a month. During these discussions, they offered me the ability to temporarily pay close to nothing, but interest would collect at an alarming rate. Therefore, it made sense to pay whatever I could, which I did and continue to do. From approximately XXXX to XXXX, I received calls every day that were bordering on harassment, which is in direct violation of the FDCPA, specifically 15 USC 1692e ( Section 806 ( 5 ) ). The content of these calls was emotionally damaging. For example, one representative informed me to " quit my job and move home with my parents '' and went so far as to say " thats what I would do in your situation ''. While this may be sound advice for that representative, it was extremely hurtful as well as inconsiderate. What if this Discover Student Loan representative told this advice to someone who XX/XX/XXXX their XX/XX/XXXX or had a parent that XXXX abused them. During the time of these calls, I continued to pay a small portion of my monthly payment, yet the calls did not end. I was forced to forward a cease and desist letter specifically detailing the types of harassment I was experiencing. Rather than ceasing to stop communication as is required by 15 USC 1692d ( Section 805 ( c ) ), Discover Student Loans continues to send me emails on bi-weekly basis stating I owe them X amount, despite the fact that this is drastically higher than my actual minimum amount due. The above-mentioned FDCPA Section 805 ( c ) specifically states : If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- ( 1 ) to advise the consumer that the debt collector 's further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.I have continued to pay what I could throughout this process. Despite this clear reading of the statute, they continue to communicate with me in different forms of communication such as email and regular mail stating that a balance is due which is higher than my actual minimum payment. These tactics are beyond a violation of the strict reading of the FDCPA. Throughout the process, I have been emotionally ostracized and been thrown to lows that no other person should have to go through. Rather than offering me a payment plan that I could meet, Discover offered no repayment options that were remotely reasonable. In addition, they refused to re-consolidate my loans or inform me of their policy to not re-consolidate their original loans that were above a certain monetary threshold. Despite the above-mentioned violations of the FDCPA, I continue to pay towards my debt with Discover every month. The tactics used by Discover and XXXX XXXX are outside of the scope of protected debt collection practices set by FDCPA.