Consumer complaint received 2017-02-11
Product: Student loan — Federal student loan servicing
Issue: Dealing with my lender or servicer — Don't agree with fees charged
Company: AES/PHEAA (GA)

I wish to file a complaint against the Department of Education and FedLoan Servicing for violation of my Equal Protection under the law, Violation of Federal Debt Collection laws, violation to Federal Usury laws, violation to the Student Loan Rehabilitation Act, and Violation of Fair Credit Reporting Act. Charge XXXX : Violation of Equal Protection under the Law The Department of Education ( D.O.E. ) moved to take adverse action against the complainant on XX/XX/XXXX when they failed to serve the complainant with a notice of intent to sue and moved to enter a judgement against the complainant. More importantly, the complainant would argue that whatever information D.O.E. used to obtain a judgement was erroneous, fraudulent, and deceptive to the court. Whenever a government entity moves to take any adverse action of a United States citizen in a court of law, that citizen is protected by the presumption of innocence and has the right to defend themselves from any judgements or adverse court actions. The complainant was residing at XXXX XXXX XXXX XXXX, XXXX Al and attests that he was never served at his residence of record. Those fraudulent adverse actions taken against the complainant has caused excessive interest and collection costs to have been accrued towards his loans and the XXXX. continues to apply monies paid to the interest that continues to accrue and never to the principal. These practices constitute loan shark tactics against its consumers without any legal protections. 
Charge XXXX : Violation of the Student Loan Rehabilitation Act Once the complainant entered into a payment agreement with the XXXX, and made XXXX consecutive timely payments, those loans should been rehabilitated and interest rates lowered as those loans would no longer be in a default status. However, the XXXX. deliberately allowed the complainant 's student loans to remain in default status with excessive interest being accrued daily. 
Charge XXXX : Violation of XXXX XXXX XXXX laws, Violation of Federal Debt Collection Act, and Violation of the Fair Credit Reporting Act The XXXX XXXX XXXX, XXXX XXXX of the Act empowers the XXXX to prevent a covered institution from engaging in an " unfair, deceptive, or abusive act or practice in connection with any transaction with a consumer for a consumer financial product or service, or the offering of a consumer financial product or service. '' Although " unfair '' and " deceptive '' acts or practices have been prohibited for some time under XXXX XXXX of the Federal Trade Commission XXXX and similar state laws, the prohibition of " abusive '' acts or practices is new. While the XXXX itself provides little guidance as to what constitutes an " abusive '' act or practice, the XXXX is expected to provide direct guidance through its regulations and indirect guidance through its enforcement actions. FedLoan Servicing and the XXXX. has moved to charge the complainant {$100000.00} on a total of {$37000.00} in student loans. Important to note, is the fact that the XXXX XXXX. Ombudsman office, Case # XXXX stated in a case summary dated XX/XX/XXXX, that the complainant had indeed paid a total of {$33000.00} to the XXXX XXXX XXXX, {$1900.00} was paid to XXXX Funds, and an additional {$1500.00} was applied towards the complainant 's loans again on XX/XX/XXXX. That is a total of {$36000.00}. If those amounts were applied to my balance, I would only be charged interest on a balance of {$660.00}. To date, the complainant has made the above payments to the collection agent of the XXXX XXXX. The XXXX. has fraudulently excluded these payments from my account. Additional payments also include years of garnishments to the complainant 's payroll at his job for XXXX XXXX, and 15 years of income tax offsets that were never credited to the to the complainant 's account.