Consumer complaint received 2022-03-16
Product: Debt collection — Private student loan debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: AES/PHEAA (AZ)

AMERICAN EDUCATION SERVICES broke the law. On XX/XX/XXXX I filed an FTC Identity Report. On XX/XX/XXXX I sent AMERICAN EDUCATION SERVICES a Cease and Desist Letter and Validation of Debt Letter. It was received on XX/XX/XXXX. I asked for specific demands in the Cease and Desist Letter that AMERICAN EDUCATION SERVICES did not comply with, violating 15 USC 1692c ( c ). The demands included the elimination of the account in question from their record, discontinuing and retracting reports to any and all credit reporting agencies and ceasing any and all communication to me about the account and debt in question. I am still receiving emails that are asking for payments and trying to collect a debt on the account in question while in the litigation period ( all proof attached as well as the attached Exhibits labeled F, G and K- also referenced in the Affidavit of Truth I sent them XX/XX/XXXX, received XX/XX/XXXX ). I also asked for specific demands in the Validation of Debt letter that AMERICAN EDUCATION SERVICES did not comply with ( attached ). These demands included verification of : the name and address of the creditor to whom the debt is currently owed, the account number used by that creditor, and the amount, an explanation showing how they computed the amount, copies of any documentation that proves I agreed to pay the alleged amount, the identity of the ORIGINAL creditor, and confirmation that the account has not crossed the statutes of limitation ( SOL ) period. AMERICAN EDUCATION SERVICES responded with an Application and Credit Agreement which does not clearly and explicitly state any of the demands. Furthermore, this credit agreement is null and void as it is not a LAWFUL contract and does not state the accurate creditor to whom the debt is owed or the identity of the original creditor which is false and misleading representation/identity theft, violating 15 USC 1692e , and also further violates 15 USC 1692g , as well as 15 USC 1602 ( k ) of the Truth in Lending Act and 15 USC 1692f and 15 USC 1692j ( all addressed in the Affidavit of Truth attached ). I am aware that credit is the right granted by a creditor to defer payment of debt or to incur debt and defer its payments- pursuant to 15 USC 1602 ( f ). In conjunction, I am also aware pursuant to 15 USC 1602 ( g ), creditor refers only to a person, meaning not the organization but only a NATURAL PERSON, meaning I, the affiant and consumer, who regularly extends consumer credit, in connection with loans, sales, property and services payable by agreement. The false and misrepresentation is harassment and abuse violating, 15 USC 1692d. Moreover, I am also aware that pursuant to XXXX2 USC 1431 ( a ), banks are borrowers and can not loan. With that being said, any statements I have been sent saying I owe a debt are in fact, billing errors, false representation of payments and unlawful violating 15 USC 1666 ( b ) ( 4 ), 15 USC 1666 ( b ) ( 5 ), 15 USC 1692b ( 2 ), and 15 USC 1692e ( Exhibits A, B, C, D, E, F, G, and K ). ANY payments I have paid were a billing error and unlawfully collected violating 15 USC 1666 ( b ) ( 4 ), 15 USC 1666 ( b ) ( 5 ) and 15 USC 1692h ( Exhibits H, I, J and K ). Further violating 15 USC 1692h, AMERICAN EDUCATION SERVICES continues accepting payments from me during a litigation period. Pursuant to 15 USC 1635 ( b ), all payments made are to be credited back to me. I have also been threatened about late payments about a debt I DONT EVEN OWE, violating 15 USC 1692d ( Exhibits B F, G and K and attachment of most recent payment via email ). This is unlawful and continues to cause me mental, emotional and financial stress. Moving on, I sent an Affidavit of Truth on XX/XX/XXXX, received on XX/XX/XXXX, stating all of these violations and have yet to receive a LAWFUL response. I was sent an Application and Credit Agreement document ( again ), further stating the incorrect Original Creditor. This again is not a lawful response as it does not rebut ALL violations stated in the Affidavit of Truth. In accordance with the Laws of Commerce an appropriate unrebutted affidavit stands as truth and AMERICAN EDUCATION SERVICES consents to all judgements stated in the affidavit. Pursuant to federal law, AMERICAN EDUCATION SERVICES is liable to compensate me for all violations. That is to be done via the invoice that was attached to the Affidavit of Truth ( also attached here ). Now, I noticed that there is an error in the invoice sent. I input the incorrect amount for the finance charge incorrectly. The invoice attached has been updated with the appropriate changes as well as updated with the additional violation charges. In all, AMERICAN EDUCATION SERVICES has been unlawfully violating my federally protected consumer rights and I demand this account in question to be closed and permanently deleted from all records and be compensated for ALL violations committed against me.