Consumer complaint received 2025-05-24 00:00:00
Product: Student loan — Private student loan
Issue: Dealing with your lender or servicer — Received bad information about your loan
Company: Nelnet, Inc.
State: FL

Complaint narrative:
To : Consumer Financial Protection Bureau ( CFPB ) Subject : Formal Complaint Against Firstmark Services ( Nelnet Division ) Unvalidated Debt Reporting, Credit Damage, and Statute of Limitations Violation Dear CFPB, I am filing this complaint against Firstmark Services, a Division of Nelnet, regarding their unlawful reporting and collection of an alleged private student loan account that I formally disputed on XX/XX/year>, via certified letter, pursuant to the Fair Debt Collection Practices Act ( FDCPA ), Fair Credit Reporting Act ( FCRA ), and Florida Statutes 95.11 ( 2 ) ( b ). 

Summary of Violations : Invalid Debt Reporting : Firstmark Services has reported derogatory marks to all major credit bureaus based on a debt they have failed to validate under 15 U.S.C. 1692g ( b ). I never signed any contract with them, and they have not produced a wet-ink promissory note, valid e-signature, or assignment chain from the original creditor. 

Violation of Florida Law : The alleged debt is time-barred under Floridas five-year statute of limitations on written contracts. I have made no payments, acknowledgments, or agreements to reset this limit. 

False Representations : Their claim that I am 26 days late violates 15 U.S.C. 1692e, as no valid documentation supports this delinquency. 

Privacy and Financial Harm : Their continued collection and credit reporting constitute not only a misrepresentation but a breach of my privacy and have directly damaged my credit score and those of associated co-signers. 




The dispute letter I sent to this company was outlined as follows : Subject : Request for Debt Validation and Dispute of Alleged Debt Pursuant to 15 U.S.C. 1692g and Florida Statutes 95.11 ( 2 ) ( b ) Dear Firstmark Services, I am writing to you regarding your recent communication concerning an alleged private student loan account that you claim I owe. Please be advised that I dispute the validity of this alleged debt in its entirety. This letter serves as a formal request for validation and verification of the alleged debt under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g ( b ). 

In addition, please take notice : - Under Florida law ( Florida Statutes 95.11 ( 2 ) ( b ) ), the statute of limitations for the collection of debt based on a written contract is five ( 5 ) years. 
- Simply contacting me by phone or making a claim of delinquency does not reset the statute of limitations. 
- A statute of limitations can only be reset by : - A new payment made by the debtor, - A written acknowledgment of the debt by the debtor, - A signed agreement to repay the debt. 

I have not made any payments, signed any agreement, or acknowledged any such debt. Therefore, if the last date of payment or acknowledgment was more than five years ago, this debt is time-barred, and you are prohibited from attempting to collect it through litigation. 

Further, regarding your claim that I am 26 days late, as of XX/XX/year>. I hereby dispute that assertion : - I have never entered into a contract with your company. 
- I have never acknowledged or agreed to any obligation with your company. 
- Unless you can produce the original signed promissory note, along with a full chain of title showing lawful ownership of the debt from the original creditor to you, your claim is legally meaningless and constitutes a violation of 15 U.S.C. 1692e ( false or misleading representations ). 

Accordingly, I request that you provide all of the following : 1. The original signed promissory note and any amendments ; 2. Full chain of assignment from the original lender to your company ; 3. Complete payment history from the alleged inception of the debt to present ; 4. A detailed breakdown of how the amount allegedly owed was calculated ; 5. Proof that the statute of limitations has not expired. 

Additionally, if you provide any promissory note or amendments, I request certified proof of authenticity, including : - The date of signing, - The original wet-ink signature or verifiable e-signature, - Full documentation of any modifications to the original loan terms. 

Failure to provide authentic, verifiable documentation may constitute a violation of 15 U.S.C. 1692e. 

Under 15 U.S.C. 1692g ( b ), you must halt all collection activities and provide the requested documentation within 30 days of receiving this letter. Failure to do so will be seen as a waiver of further collection efforts and acknowledgment that you can not validate the debt. Until the required documentation is provided, you must stop all collection activities, including reporting to credit bureaus, as per 15 U.S.C. 1692g ( b ). 

Be advised that if you fail to comply with these lawful requests, continue collection activity without proper validation, or attempt to re-age or misrepresent the status of this debt, I will not hesitate to file complaints with the Consumer Financial Protection Bureau ( CFPB ), the Florida Attorney General, and may pursue my legal remedies for violations of the FDCPA and Florida Deceptive and Unfair Trade Practices Act ( FDUTPA ). 

Please respond in writing only. 
I request that all future communications regarding this matter be made by United States Mail only.

Company response to consumer: Closed with explanation