Consumer complaint received 2015-08-10
Product: Student loan — Non-federal student loan
Issue: Dealing with my lender or servicer — Received bad information about my loan
Company: ACS Education Services (TX)

I took out a loan in XXXX XXXX that is being serviced by ACS. I was under the impression that the loan was subject to in-school deferment while I am completing my XXXX degree. In XXXX XXXX, I received a call from ACS informing me that my loan was past due. I informed the representative that I was in school and would not be graduating until XXXX XXXX. The rep confirmed this info with the clearing house and told me I would need to mail in a deferment form that she would send to me. I never received the form. 

In XXXX XXXX, the calls from ACS started again. I again spoke with an ACS rep and explained my conversation with the last rep. This time, ACS told me I could not use an in-school deferment ( and that no form had been sent or any communication letting me know it would n't be sent ) because my loan could only be defered for a max of XXXX years from the origination date. I told the rep I was unaware of this term, and asked why the original rep had not informed me of this information when we spoke in XX/XX/XXXX, after the deferment limit period. I told the rep this was deceptive, as the loan continued to be unpaid for almost a month while I was under the impression I would be receiving an intent form. I also informed the rep that I had not received any notice from ACS that the deferment was about to end. The rep told me that I could instead use a forbearance on the account. The terms of the forbearance were limited to XXXX times in the life of the loan, and can not exceed XXXX months. Because I had already used XXXX months in XX/XX/XXXX, the rep told me I could use the remaining XXXX months while I complete my degree. I asked for a copy of my promissory note and the rep said I would receive it XXXX days later. The rep told me he could not send me a copy of the alleged notice letter from XXXX XXXX informing me that my deferment was ending, as it was computer generated and not reproducable. I emailed ACS after the call asking for a copy of the note and the XXXX XXXX notice letter. I was told the same thing the rep told me on the phone. 

Over the next XXXX weeks, I continued to receive calls from ACS, as did my co-signer. I eventually answered and told ACS I wanted the calls to stop as I had already made arrangements with ACS with the forbearance. The ACS rep told me they legally could not stop the calls until the forbearance was processed, despite my claim of harassment and request to not be called, and that they were legally obligated to call me whenever my number appeared in the system. I asked the rep for the regulation citing this practice, and he ignored my request and told me the calls would continue. I emailed ACS to verify that this was legally permissible. I then received a call from a XXXX XXXX regarding my email. She apologized for the rep, told me she could email me a copy of the note and also generate a copy of the XXXX XXXX letter regarding the end of my deferment. However, XXXX also informed me that I could not use my forbearance for XXXX months as I was previously told, but only for XXXX months per the terms of my note. I informed her this was ( again ) ACS modifying pertinant info told to me regarding my loan from what a previous rep had told me. After reviewing the docs sent to me by ACS ( by mail as previously requested and by email from XXXX XXXX, the note does not contain the information alleged by ACS. There is no mention of a XXXX year deferment limit, or that a forbearance can only be for XXXX months at a time. Furthermore, the XXXX XXXX notice letter does not indicate my deferment had reached its term limit. It looks simply like a letter I received from ACS previously while still in school XX/XX/XXXX, and would not put me on notice that my deferment is completely out and not just pending my fall enrollment/intent to return letter. I emailed XXXX multiple times regarding the note, and have not heard back almost XXXX weeks later.