Consumer complaint received 2020-01-09
Product: Student loan — Private student loan
Issue: Getting a loan — Fraudulent loan
Company: AES/PHEAA (NC)

I consigned for two student loans for my ex-fianc and Ive been making the payments. These loans are being serviced by American Education Services ( AES ). Below are details about the loans : -Promissory Note 1 : Executed on XX/XX/XXXX for academic period XXXX. The original amount was $ XXXX and the amount was changed to $ XXXX and the date was changed to XX/XX/XXXX. The initial for these changes is not in my handwriting. 
-Promissory Note 2 : Executed XX/XX/XXXX for academic period XXXX in the amount of {$32000.00}. It was increased from $ XXXX to {$32000.00}, but this initial for this change does not appear to be my handwriting. 

In XX/XX/XXXX after examining the promissory notes again, I confirmed my suspicions that the amount of the loan had been increased and the initial was not mine and it appears to be that of the borrower. Subsequently, I filed fraud complaint with AES. AES never informed me that they receive the fraud package, but when I checked online, no payment was due. 

On XXXX XXXX, I called AES several times during the course of the investigation to make sure no payments were due and they informed me that ( i ) servicing had been suspended during the investigation and a credit bypass had been placed on the account and ( ii ) at the conclusion of the investigation, I would be informed of the results and when payments would be due, if any. 

On XX/XX/XXXX, I received a call from a collection agency informing me that the loans were 90-day past due. At which time, I called AES and was informed that the lender had denied the fraud allegation and that servicing had resumed on XX/XX/XXXX and that I would be informed of when the next payment was due. They were unable to tell me why it was denied and how to appeal it. I was told that I would receive a letter of the findings of the investigation in the mail. 

On XX/XX/XXXX, AES reported the account 90-day delinquency. When I spoke to AES on XX/XX/XXXX, I was never informed about when the payment was due or that payment had to be paid before XXXX XXXX to avoid negative credit reporting. 

On XX/XX/XXXX I called AES again and spoke with XXXX and he was very concerned with the sequence of events. He said that I should have been notified of the conclusion of the case and given an opportunity to repay. He said he was going to request that the negative reporting be removed. 

on XX/XX/XXXX, I called AES again and was informed that on XX/XX/XXXX a letter was erroneously sent to the XXXX, the primary borrower, about the result of the fraud investigation and on XX/XX/XXXX a letter was sent to me re : the fraud denial. I informed the agent that I had not received anything in the mail regarding the fraud allegation. While I was on the phone with the representative, I checked my paperless inbox and a letter had been posted on XX/XX/XXXX entitled Loan Information for : XXXX XXXX with a very cryptic message stating : This letter is in response to the to the Identity Theft/Fraud allegation. The Guarantor of the above-referenced loans disapproved the allegation based upon review of documentation. The letter did not provide the specific reason for the denial, and despite me opting not to receive electronic communication, I never received this letter via mail. 

On XX/XX/XXXX, AES received my consumer report dispute. I was informed of this when I called on XX/XX/XXXX. 

On XX/XX/XXXX, I called AES again and spoke with XXXX ( Employee id # XXXX ). He discussed the matter with XXXX, the person I spoke with on XXXX. 

On XX/XX/XXXX, XXXX called me back to let me know that XXXX was not in the office today and he would give me a call back on XXXX. 

On XX/XX/XXXX, XXXX called me back again after speaking with XXXX and they recommended I contact the Fraud Department who would be able to address the fraud appeal and the credit issue since they were the impetus. He transferred me to their inbox where I left my name and number. The voicemail stated that they would return my call within 24-48 hours. As of XX/XX/XXXX, my call still has not been returned. 

On XX/XX/XXXX, I called AES again. I spoke with XXXX ( employee id # XXXX ) I was informed that AES had determined that the 90-day delinquency that had been reported was correct. However, she was not able to tell me how to appeal the decision. After confirming that the Fraud Department still checks their mailbox, she transferred me to the mailbox again where I left another message. After realizing my communication with AES has been futile, I filed a complaint with the CFPB ( Case # XXXX ). 

As of XX/XX/XXXX, the Fraud Department has not returned my phone call from yesterday, and I still have not received any information about why my fraud claim was denied or how to appeal the decision. 

On XX/XX/XXXX, AES finally posted a response via CFBP portal. In the letter they denied the fraud claim and told me I could send an appeal letter to them and upon review, they would forward it to XXXX for further review. In the alternative, they told me I could contact XXXX directly at XXXX to dispute the decision. 

From XX/XX/XXXX through XX/XX/XXXX, I called XXXX and left several messages. I have still have not received a call back from XXXX. 

On XX/XX/XXXX, I submitted an Appeal to AES directly as indicated in their XX/XX/XXXX letter. I asked for a response within 30 days. 

On XX/XX/XXXX I called AES to follow-up on the status the Appeal. I spoke with Employee # XXXX. She informed me : ( i ) they received the Appeal on XX/XX/XXXX, ( ii ) there was no notation on the Appeal and it was just sitting in my file, ( ii ) they received it and failed to forward it to a department, ( iv ) there was no matter procedure as to where it should be submitted and ( v ) there are special request codes that are required to be inputted but no special request code was imputed for this appeal and ( vi ) she was going to submit it through the Fraud Department. 

On XX/XX/XXXX, I received a call from AES on an unrelated matter. I spoke with XXXX ( Employee id # XXXX ) and asked her to check to on the status of the Appeal. She told me that my account was notated on XX/XX/XXXX that if I called back to inquire about the Appeal to tell me to call XXXX at XXXX. To this day, I have never received a response from AES or XXXX. AES failed to forward my Appeal to XXXX as they said they would do in their XX/XX/XXXX letter.