Consumer complaint received 2024-06-27
Product: Student loan — Private student loan
Issue: Dealing with your lender or servicer — Received bad information about your loan
Company: Navient Solutions, LLC. (GA)

In XXXX of XXXX, I contacted Navient to inform that I no longer was employed and wanted to setup a new payment plan. I informed them that I was receiving unemployment and government assistance. They refused to assist me with the matter. In XXXX of XXXX, I received my tax refund, and made a payment arrangement with them to get caught up. The customer service representative I spoke with informed me that my next payment would not be due until XXXX of XXXX 

In late XXXX of XXXX  I began receiving calls that my payment was now due. Between XX/XX/year> and XXXX of XXXX, I verbally asked Navient to verify the billing information with me and review the call from XXXX of XXXX. Every phone call was met with the promise that a supervisor would reach out to me, after they reviewed the call, and I assured them that once the billing was confirmed that I would make the payment. 

After a call on XX/XX/year>, I decided to submit a written inquiry about the billing request and issues. 

Navient waited until after the 60 day mark to respond and reported delinquency to the credit bureaus. 

I have requested for them to remove that marking from my credit report because according to the law, 15 U.S. Code 1666 - Correction of billing errors, I had the right to verify the debt, without penalty.

According to the law, 15 U.S. Code 1666 ( 3 ) sets forth the reasons for the obligors belief ( to the extent applicable ) that the statement contains a billing error, the creditor shall, unless the obligor has, after giving such written notice and before the expiration of the time limits herein specified, agreed that the statement was correct ( A ) not later than thirty days after the receipt of the notice, send a written acknowledgment thereof to the obligor, unless the action required in subparagraph ( B ) is taken within such thirty-day period, and ( B ) not later than two complete billing cycles of the creditor ( in no event later than ninety days ) after the receipt of the notice and prior to taking any action to collect the amount, or any part thereof, indicated by the obligor under paragraph ( 2 ) either ( i ) make appropriate corrections in the account of the obligor, including the crediting of any finance charges on amounts erroneously billed, and transmit to the obligor a notification of such corrections and the creditors explanation of any change in the amount indicated by the obligor under paragraph ( 2 ) and, if any such change is made and the obligor so requests, copies of documentary evidence of the obligors indebtedness ; or ( ii ) send a written explanation or clarification to the obligor, after having conducted an investigation, setting forth to the extent applicable the reasons why the creditor believes the account of the obligor was correctly shown in the statement and, upon request of the obligor, provide copies of documentary evidence of the obligors indebtedness. In the case of a billing error where the obligor alleges that the creditors billing statement reflects goods not delivered to the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were actually delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination.

The investigation not being completed before the 60 days violates the law, 15 U.S. Code 1666 and therefore should be removed from my credit report.