AES - Student Loan - PHEAA - Refusing To Honor Rehab Program STudent Loan Rehabilitation, Fraud Harrisburg Pennsylvania
In November of 2007 I setup a rehabilitation program for my AES/PHEAA student loan through the third part Windham Pro (www.windhampros.com). My payments of $75 were debited automatically each month.
September 19, 2008 I became concerned since they hadn't yet debited my account and I was expecting my "discharge" paperwork. I had been receiving their monthly "hey we took your money, thanks" letters.
When I contacted Windham Pro they (kayla & her supervisor Ms. Mcguire)advised that AES is refusing to honor any of the income sensitive rehabilitation program clients (per HEA that was a contract.) and that the clients will have to start a 2nd Rehabilitation program at a higher amount before AES/PHEAA will take them back. (also, against HEA Section 674.39 Loan Rehabilitation)
- they assigned my amount at $185 which is $65 above what my income limit allows based on my former salary (currently I have a 12 week old and I'm attending the local community college)
This sounded "off" to me. I discussed it with my husband who worked in Federal law enforcement for several years and holds a law degree. Per his advice I contacted the Department of Education's****.>
According to my 3rd party lender it is up to AES to update my default status (per HEA it can actually fall upon the 3rd party) also according to Ms. Mcguire at Windham Professionals www.windhampros.com there are at least 16 other clients in the same mess.
As such, I have taken a collection of all of my written phone records, evidential documents and submitted a complaint to the Attorney General of Pennsylvania. If Windham Pros allegations are correct, that AES is trying to force 16 clients (or more) to take on a second rehabilitation program which is contrary to the Higher Education Act, then they are violating the law and ignorance is no excuse.
If AEs were to do adhere to the law, then "we" would be out of default. Until then, I'm going to continue my payments and my complaints. (I'm paying my bills, I have a right to complain.)
Rachel
San Antonio, Texas
U.S.A.
1 Updates & Rebuttals
Rachel Kusama
San Antonio,Texas,
U.S.A.
AES update
#2Author of original report
Tue, December 09, 2008
Received the paperwork that Windham Associates had advised would be a discharge letter. A contract for a 2nd rehabilitation program arrived from AES. My husband and I called AES and spoke with Kelly Nestih & Rita - they both advised that the paperwork was correct.
Kelly Nestih advised us both "For your wife to come out of default, she has to sign the contract for a 2nd rehabilitation program" - my husband even had her repeat her statement and then took down her information.
When you complete a rehabilitation program on a defaulted student loan you can NEVER be rehabilitated again - on that same token if you do not complete the terms of your rehabilitation, you can NEVER be rehabilitated again.
Per the Higher Education Act and FCRA, if you successfully make your payments, they have to update the credit bureaus.
I will be continuing to pay Windham Associates and wait ona response from the Attorney General, BBB and Department of Education (All have been sent certified copies of both contracts, payment information and a detailed list of each person we have spoken with and what they advised)
Until then my loans show as default on my credit reports and I cannot receive any financial aid. I realize that this can't be fixed over night and I am also aware there may be others who are in the same predicament. Unfortunately most, to include the employees of AES aren't aware of the Laws or their rights.