Consumer complaint received 2022-03-29
Product: Student loan — Federal student loan servicing
Issue: Dealing with your lender or servicer — Received bad information about your loan
Company: Navient Solutions, LLC. (NY)

On or around XX/XX/2022, I was reviewing my account for an FFEL loan being serviced by Navient and realized they had continued to charge interest in spite of the federal moratorium. I reached out to them. 

My Navient account is XXXX ; I can not discern the remainder of the account # from the website. I can not find an account # on my FSA account. 

On XX/XX/2022, I received a response, effectively telling me my loans are not owned by the Department of Education and therefore not eligible for the waiver. 

Belieing this to be incorrect, I contact them again on XX/XX/2022. To the best of my knowledge, my FFEL loan was taken with the Dept of Ed ( I have other FFEL loans that are clearly Dept of Ed loans, and this loan is listed amount my federal loans ) and informed Navient that I needed to see documentation of when the loan ceased to become a Dept of Ed loan. 

On XX/XX/2022, I receive a response again informing me my loan was not owned by the Dept of Ed, providing no other subsantiation or documentation in support of this assertion other than instructing to me to look at a note on their website. 

On or about XX/XX/2022, I responded to Navient, making it clear that I was asking for documentation of the alleged transfer of the note to Navient as an owner, as none has been provided. 

On XX/XX/2022, I received a response from Navient indicating they were sending me my Promissory Note ( which is not the documentation I asked for, nor have I received it ). The message goes out of its to not state who originated the loan, only who serviced it. It also asserts that a transfer of servicing occurred with no formal documentation. 

On the same date, I responded again to Navient, making it clear that I was contesting the idea that they were the owners of the loan, and explicitly asking to see any and all documentation relating to the transfer of the ownership or servicing of my loan. I included a demand that Navient preserve all documents, ESI, etc, related to the loan. 

On XX/XX/2022, I received a response from Navient indicating that it would be sending me notices regarding the change in servicing, and otherwise asserting that a transfer of servicing ( the statement is deliberately ambigous with respect to ownership of the loan ) had transferred from the prior servicer, XXXX XXXX, to Navient with absolutely no documentation of any kind. Implicitly, Navient is asserting that the ownership of the loan changed without any formal documentation with respect to same, and they have no intention of producing documentation that would evidence such a transfer. 

That same day, I responded to Navient again. I made clear to them my issue is with respect to documentation as to who owns my loan. I informed that in my experience as an attorney who works with transactional documents, the idea that a ownership of a loan could transfer without any documentation was ludicrous. I explained to them that, absent such documentation, I considered their actions in collecting principal and interest on this loan was fraudulent, put them on notice that I would be filing this complaint and likely a subsequent lawsuit, and reminded them of their duties with respect to the preservation of documents. 

I have received no response and no documentation from Navient since that time, and this is where the matter currently stands.