Consumer complaint received 2024-08-22
Product: Student loan — Private student loan
Issue: Dealing with your lender or servicer — Received bad information about your loan
Company: Navient Solutions, LLC. (CA)

SUMMARY : Navient has failed to produce my original loan agreement/promissory note with my signature and consent, because it is likely that they do not have it. I have found an agreement noting several issues and contradictions, and I am trying to compare my findings with the agreement that Navient has on file for me. However, I now believe that Navient does not actually have this agreement on file. They have sent everything BUT the promissory note. They do not have the original loan agreement, or they do, but are hiding their copy because they may have noticed something on it that I myself, given my legal training, have noticed. 

A second issue is that I am filing this complaint to report discriminatory treatment by a Navient customer service representative during a call asking for the promissory note/loan agreement. 

On XX/XX/scrub>XXXX XXXX XXXX at XXXX XXXX, I contacted Navient to inquire about the status of my promissory note, a critical document necessary for reviewing the terms of my student loan. During the call, the representative rudely and unprofessionally sighed upon hearing my last name, and failed to say it or provide a reason for why she was not able not say it, which I perceived as discriminatory. When I addressed this behavior, the representative dismissed my concerns, stating, " You can take it how you want to take it, '' before abruptly hanging up on me. This interaction was both unprofessional and discriminatory. 

I immediately called back and spoke with a supervisor, XXXX XXXX, at approximately XXXXXXXX XXXX. Despite my request for legal department contact information, I was only provided with a general mailing address. 

Additionally, despite multiple requests, Navient has failed to provide me with a copy of my promissory note. This document is essential for verifying the terms of my loan and protecting my legal and financial rights. 

Basis for Complaint : XXXX ) Discriminatory Treatment : The representative 's behavior during our conversation suggests a potential bias or discrimination based on my identity. This is unacceptable and violates the principles of fair and respectful customer service. 

XXXX ) Failure to Provide Promissory Note : I have requested a copy of my promissory note on multiple occasions, yet Navient has failed to provide it -- because they likely do not have it. This document is crucial for verifying the terms of my loan and protecting my legal and financial rights. Navient needs to produce their copy, with my signature, NOW. They either do not have a copy, or they do but do not want to release it, because they have noticed something on it, like I have, that could land them in hot water. They failed to write the agreement properly when it came from XXXX XXXX to them and now that they are in the middle of transferring to XXXX, they will not be able to get away with it. They need to IMMEDIATELY send this note. I have requested it TWICE and each time they have lied and said they sent it. The documents they sent were not a copy of the promissory note. I will take instant legal action if they continue to fail to comply. 


I will be seeking further legal action on this matter, if not resolved satisfactorily. Although I will mail their legal contact, please note that a judge has ruled that Navient can not compel the borrower to arbitration. Although Navient argued that one of their borrowers was bound by an arbitration clause from the original loan agreement, the judge found that only certain entities explicitly listed in the agreement, such as the original lender ( XXXX ) and its successors, had the authority to compel arbitration. Navient, as a loan servicer, was not included in that list and, therefore, could not enforce the arbitration clause. The judge concluded that without clear evidence that Navient was a successor or had the right to invoke arbitration under the agreement, the borrower was not required to resolve the dispute through arbitration. Furthermore, given the date/time and language of my original loan agreement, I am not compelled to follow arbitration procedures. 



Request for CFPB Action : I request that the CFPB investigate this matter and ensure that Navient addresses these issues promptly. I also ask that the CFPB monitor Navient to prevent future instances of discriminatory treatment and failure to provide essential loan documentation.

***PLEASE NOTE THERE ARE 2 LOANS. I HAVE PROVIDED THE LOAN NUMBER FOR JUST ONE.