Consumer complaint received 2018-09-28
Product: Student loan — Private student loan
Issue: Dealing with your lender or servicer — Trouble with how payments are being handled
Company: Navient Solutions, LLC. (NJ)

My mother had consigned two private student loans for me while I was attending XXXX College from XX/XX/XXXX to XX/XX/XXXX. I didn't foresee any hardships that I would come across in the near future. My mom is XXXX  XXXX and is a senior citizen. Had I known what I know now, I would have never allow her to co-sign for any of my loans. For two years, they had us convinced that they could take money from her checking account to pay for the two XXXX XXXX private student loans that I had taken out. Those payments were being withdrawn automatically from her social security which is her only source of income. 

Once, I found out through several sources that legally Navient wasnt allow to do this especially since my mom is XXXX and a senior, I requested that they stop taking withdrawing those payments from her account. Also, her medical bills are 200 percent higher ever since she had XXXX  XXXX last year and this year. This does not include her medical expenses for XXXX XXXX XXXX and other prescription medications she needs. 

In XX/XX/XXXX, after my moms last follow-up with her XXXX  XXXX, I decided to cancelled the autopay on her checking account. We received a letter dated XX/XX/XXXX stating that the autopay had been removed. Next, because, Im not able to pay the full amount due each month, I decided to pay {$10.00} a month on each of the XXXX XXXX loans until I could afford to pay more in the future. Currently, I have several Federal loans in default under Navient which are Loan Rehabilitation. Im paying two different collection agencies {$5.00} a month based on my income. My income is actually more than my moms but they are harassing her for payment simply because she co-signed the loan irregardless that she is permanently XXXX and a senior. 

It is a struggle trying to get to the point where I can pay the full amount due for both XXXX XXXX loans, I do not have the funds right now! Yet, they keep harassing my mom by making severals calls a day. This week alone they made a total of fifteen calls from Monday through Thursday : Monday, XX/XX/XXXX : 2 calls Tuesday, XX/XX/XXXX : XXXX, XXXX, XXXX, XXXX, XXXX, XXXX Wednesday, XX/XX/XXXX : XXXX, XXXX, XXXX, XXXX, XXXX Thursday, XX/XX/XXXX : XXXX, XXXX ( and two more after I spoke with XXXX XXXX who claim she is one of the Manager at Navient. This was even after several phone calls along with this one that Ive told them to stop calling my mom. ) The phone calls began once when the autopay ended. We could not come up with the funds quick enough for them. Even on Tuesday, XX/XX/XXXX, I spoke with one of the customer service reps to make payment arrangements. I told her I could only make {$10.00} a month payments on both XXXX XXXX Loans until my financial situation improved. She agreed to this arrangement and I got an email from the XXXX. This is what was written in the email : XXXX XXXX Thu, XX/XX/XXXX, XXXX XXXX  ( 7 days ago ) to XXXX Dear XXXX, Thank you for scheduling your payments. The confirmation number ( s ) are listed below : Confirmation number XXXX for {$20.00} on XX/XX/XXXX. 

Thanks for your payment ( s )! 
Sincerely, XXXX XXXX Navient For me, this meant Navient agreed to this payment arrangement. Yet they are still harassing my mother. As of to date, this payment has not been applied to the XXXX XXXX loan, even though the payment has already posted to my checking account. 

Ive talk to these different employees at Navient : XXXX XXXX, Manager XXXX XXXX ( She would not give me her last name! ) XXXX XXXX XXXX Anonymous : who felt it was her right to call my mother repeatedly throughout the day as long as there is a balance due on my student loans. She was even adamant and claim that the FDCPA violation below was not the correct information. All of them basically said that they can call my mother as often as they want for payment because she cosigned the loan. It doesnt matter if she is permanently XXXX and a senior citizen. 

So they basically all said the same thing, they can keep calling her regardless even when XXXX of the FDCPA violations state otherwise. 

Typical FDCPA Violations : XXXX XXXX XXXX Call you repeatedly. A call a week is OK. More than one call a week is harassment. Certainly more than one call in the same day is an abuse, particularly if you hang up and the collector calls right back. 

And frankly, even the XXXX a month I agreed to pay does not mean anything even as they took the payment and not applied it to the two XXXX XXXX loans.