Consumer complaint received 2022-10-06
Product: Debt collection — Private student loan debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Navient Solutions, LLC. (GA)

This is a follow up to the complaint made to Navient on XX/XX/2022 and answered XX/XX/2022 by Navient complaint number XXXX. In the response Navient sent three documents that show a contract with Sallie Mae. I am aware of a contract with Sallie Mae but unaware of any contract between myself and Navient. Two Formal Affidavit of TRUTH was sent to Navient via Certified Mail # XXXX ; XXXX dated XX/XX/2022, and received on XX/XX/2022. The Affidavits of Truth laid out the identity of the original creditor, demanded the proof by copies of the original lawful contract signed by both parties in wet ink, and provided validation of the alleged debt ( actual accounting ). These letters were sent via Certified Mail Respondent was given thirty ( 30 ) days from day of receiving the Affidavit of Truth to provide proofs of claim, point for point ; however, Respondent chose to send a contract signed by another company. This lack of contractual evidence makes the Affidavit of Truth to be held as TRUE. Respondent has agreed and stipulated to the facts and agreed that the undersigned Secured Party can only discharge said debt via the remedy provided by Congress via HJR-192 with a Bill of Exchange or other appropriate commercial paper. 


Conditional Acceptance Formal Conditional Acceptance was sent to Navient as a result of their failure to prove the Affidavit of Truth as false. Said Conditional Acceptance was sent via Certified Mail # XXXX dated XX/XX/2022, and received on XX/XX/2022. 

NON-RESPONSE AND FAILURE TO CURE FAULT After 10 days of receipt by Navient, showing no record of response to items listed in my Conditional Acceptance sent via Certified Mail # XXXX dated XX/XX/2022, and received on XX/XX/2022. 

NOTICE OF DEFAULT AND CONSENT TO JUDGMENT Whereas, for the reason of Navients failure to cure and honor, places Navient in Default. For the course of dealing, set forth herein, with Navient failure, refusal, or neglect in the presentment of a verified response to the Validation of Debt, Affidavit of Truth, and Conditional Acceptance constitutes the Respondents failure to perform in good faith and the Respondents acquiescence and tacit agreement with all terms, conditions and stipulations set forth within the Notice of Default and Consent to Judgment, Validation of Debt, and Conditional Acceptance As Navient has stated in its response back it is reporting these late payments to the credit agencies during this time. According to 15 USC 1692g a debt can not be collected on while it is being disputed, therefore all reporting by this company has been fraudulent and is a violation of the FCRA. Stating that Navient by its own account purchased a contract in order to collect on a debt not owed, this is a form of identity theft. In the origninal documents sent to Navient was a cease and desist notice. By their own account in its last response they are ignoring that notice. 15 USC 1692c and d would considered these to be abusive and harassment. 

Below is the response back from Navient and attached are all documents sent by Navient in its response minus its proof to collect a debt in the State Of Georgia. 

Thank you for reaching out to the CFPB with your concerns regarding your student loan account. Navient currently services your Federal Family Education Loan Program ( FFELP ) Consolidation Loan and your Private Consolidation Loan. We have attached copies of Promissory Notes for you to review, which serve as validation of the loans. By signing the Promissory Notes, you agreed to the terms and conditions of the loans. If the primary borrower or cosigner fail to make payments, Navient must resolve the problem either by collecting payment immediately or by arranging an alternate payment schedule. To do this, we perform a progression of activities to collect delinquent payments and we work to resolve delinquencies by using all legal means available. As a matter of explanation, our calls are intended to help customers avoid Late Fees and resolve delinquency and are not intended to harass. When a payment is not received by the due date, we attempt to resolve the delinquency by making contact through phone calls and letters, intended to remind customers of their obligation, help them avoid negative consequences of missing a payment, and inform them of the options available to help them fulfill their obligation. If we lose contact with you, well use the addresses and telephone numbers listed on the loan application to contact your references to obtain your location information. Because due diligence activities are required by federal law, you may continue to receive calls and letters. Furthermore, when there is a conflict between federal laws and state laws, we must follow the federal requirement. However, we strive to follow applicable state laws which are not expressly preempted by federal law and not otherwise in conflict with federal law. We have updated your cell phone numbers to prevent any future automated calls from being placed to you. Additionally, we have attached a copy of a letter sent to us by the Secretary of State of Georgia who states, Navient XXXX is authorized to transact business in the state of Georgia. We know financial challenges can come up unexpectedly, and we want to help you stay on track with your repayment schedule. Making payments on time is always the best way to protect your credit score, avoid Late Fees, and stop collection letters and calls. If youre having difficulty making your current payments, give us a call to learn about your options. Navient reports student loans individually to the consumer reporting agencies. This reporting is consistent with industry standards. If you have an account with multiple loans, youll see each loan reported with its own tradeline. Simply put, a tradeline is a descriptive summary of a particular loans history and status. Tradeline information can include the name of the company reporting the account, account open date, account status ( open, closed, past due, etc. ), balance owed, payment history and narratives. The Fair Credit Reporting Act requires lenders and servicers, such as Navient, who report information to the consumer reporting agencies to do so with accuracy. Therefore, we can not remove accurate information from your credit report. We will update your credit report to reflect your disputed loans with the following comment : FCRA direct dispute investigation completed consumer disagrees with the results of the data furnishers investigation. Because you disputed the account information we reported to the consumer reporting agencies, we are required to inform them of your dispute when we continue to send them updates. When we do this, the consumer reporting agencies will place the above narrative on your credit report to reflect that your account was previously disputed. Please note that the update pertains only to each open loan noted in your dispute. If you wish to have this narrative removed from your credit report, call or write us at the XXXX XXXX XXXX XXXX XXXX, XXXX XXXX  XXXX, XXXX XXXX PA, XXXX. Please include your name, address, and account/loan number ( s ), and indicate that you wish to have the dispute narrative removed from your credit report. 
ATTACHMENTS XXXX Attachment XXXX ( XXXX XXXX ) XXXX Attachment XXXX ( XXXXXXXX XXXX ) XXXX Attachment XXXX ( XXXX XXXX ) XXXX Attachment XXXX ( XXXXXXXX XXXX ) Georgia License