Jake
Indianapolis,#2Consumer Comment
Wed, May 23, 2007
FDCPA often works against collection on a private consumer debts. Public and non-dischargable debts such as federal student loans, child support, taxes, etc have separate and very different rules. The fact that OP mentioned that attorneys and government agencies had told them nothing could be done to stop the collection calls was your big fat clue.
Jack
Pickerington,#3Consumer Suggestion
Fri, March 23, 2007
Jake, you need to read the Fair Debt Collection Practices Act. Especially Sections 804(3), 805(c), & 806(3). I think you'll find that a company's ability to phone call when attempting to collect a debt is limited to one call per day. More than that may be construed as harrassment and, if a consumer elects to not be phone called at all, they have that right. At that point, however, a company has the right to pursue other means of collecting (lawsuits, etc.)
Jake
Indianapolis,#4Consumer Suggestion
Thu, September 28, 2006
"Total and Permanent Disability If a physician (doctor of medicine or osteopathy) certified that you are totally and permanently disabled and you meet certain other requirements during a 3 year conditional discharge period your loan(s) may be discharged. You may request a "Loan Discharge Application: Total and Permanent Disability" from our forms request page." Source: United States Department of Education: http://www.ed.gov/offices/OSFAP/DCS/loan.cancellation.discharge.html Some of the "certain other requirements": -Federal student loans only (IE Staffrd, Perkins, Parent Plus, Grad Plus, SLS, etc). "Private" and "alternative" student loans are not eligible for discharge under this program. -Must be unable to work in any capacity, doing any job, even a job that has nothing to do with what you got your degree in, or a job that you consider beneath you. -Disability must not have existed at the time the loans were taken out. If the condition that makes you completely and totally disabled existed at the time the loans were disbursed, but has since deteriorated so significantly that you are now completely and totally disabled and were not when the loans were taken out you may still be eligible for discharge. A few more things: -Federal student loans are insured by a state agency, and if you are granted a TPD discharge that guarantor agency would pay your loans in full; therefore it is in your lendors best interest to assist you applying for this discharge if they have reason to believe you qualify. -Your lendor has every legal right to call you if you are delinquent; they are legally required to exercise "due deligence" if you account is past due, this includes telephone calls, letters, emails, etc. The state guarantor agency, and any agency they contract, may also call you. Payment is not the only way to resolve delinquency; your loans can also be brought current with a deferment or forbearence.
Liz
Royal Oak,#5Author of original report
Tue, July 04, 2006
I have talked to Sallie Mae several times stating that I am disabled due to MS and they don't care. This can be verified by my doctor and I am also on state disability and waiting for social security disability. I have stopped answering the phone because these people just go around in circles. The lady I talked to didn't even understand what MS is. I told her I am disabled and she kept asking when I will be going back to work. I told her I am disabled and will not be able to go back to school or work. This is the run around. No one there can tell me what my rights are and what my options are because I am disabled. They do not care. I am afraid that if I sign their documents I will get myself in a larger mess and they will take me to court. I am preparing myself for the possibility of going to court in the near future over these loans.