Drop Dead Letter - reporting a creditor

[Question101]

Any templates out there for a drop dead letter?

How can I report Sallie Mae to the Gov't for failing to identify themselves, impersonating the school i went to and calling my parents because I don't have a land line?

Thanks!!

[Minnymouth]

You did not anything about you filing bankruptcy, nor what their reason was for contacting your parents?

Give us a little more info to help you with..... What did they do? What did they want? Had you filed bankruptcy?

[Question101]

More Infomation

I file BK back in October before the law changed.
Discharged a few months later.

Salie Mae was discharged (private signature loan).

So they are in harassment mode now.

Parents tell them not to call that number - they still do.
The said they were the school I used to attend - which they can't do.
they don't identify themselves when you as who is calling, unless you ask what company are they with.

So,
I'm sure a cease and desist letter will do nothing, but I should at least start.

That's about it.

[lrprn]

Are you absolutely certain these loans were discharged in your Ch 7?

Sallie Mae is a provider of *student* loans, some government, some private. Student loans, even private ones, are NOT dischargeable in bankruptcy except under a very few specific circumstances. Student loans haven't been dischargeable through bankruptcy since the early 1990s.

If you used these loans for educational purposes (pay tuition, pay room and board, pay living expenses, etc. while attending college or another type of school), then Sallie Mae has the right to try and collect on them even after bk. However, their specific methods you mentioned are a violation of the Fair Debt Collection Practices Act (FDCPA). You can certainly dispute that.

[Question101]

Another tid bit

I was looking over my transunion and found two interesting things:
1 - Sallie Mae have the BK Jan 2006 not Oct 2005 so that's probably why they think I owe them.
2 - the balance for the sallie Mae account is $0/Paid as of April 2006

So now what should I do to proceed?

Thanks!!

[Princesskina]

Are you absolutely certain these loans were discharged in your Ch 7?

Sallie Mae is a provider of *student* loans, some government, some private. Student loans, even private ones, are NOT dischargeable in bankruptcy except under a very few specific circumstances. Student loans haven't been dischargeable through bankruptcy since the early 1990s.

If you used these loans for educational purposes (pay tuition, pay room and board, pay living expenses, etc. while attending college or another type of school), then Sallie Mae has the right to try and collect on them even after bk. However, their specific methods you mentioned are a violation of the Fair Debt Collection Practices Act (FDCPA). You can certainly dispute that.

What I have read is Student Loans that weren't FEDERALLY funded ARE DISCHARGABLE.

[Question101]

Yup

that is my understanding too.
Private loans from non-profits aren't dischargeable either (i.e. from the school, loans from trusts etc.)

It's just a ploy to get people to pay something to reaffim the debt.
It's off the credit report which is funny too.

I'll try updating the information w/ the credit bureau (date I filed specifically) and see if they figure it out.

They lie lie when you talk to them on the phone though.

[lrprn]

What I have read is Student Loans that weren't FEDERALLY funded ARE DISCHARGABLE.

I thought Sallie Mae private loans were all federally insured, but it turns out a few private loans offered by Sallie Mae are privately underwritten by their lending partners. If you were lucky enough to get one of these, you may indeed be home free! Lucky, lucky, lucky!

Now you just have to get Sallie Mae to stop their predatory debt collection practices. Keep us posted on your progress bringing them to heel!

[seventytwo]

Hey, any progress with this case? I remember years ago having to deal with predatory collection procedures by Merlin Loans (anyone else a former victim?).

[Question101]

Update

They (Sallie Mae) folks caught me the other day.
The lady had the same name as a family friend - it went something like...
hi, this is so and so, can you help me with this problem I'm trying to work out.
yeah sure......

nice little trap - just happen to pick the phone up at my parents.

Anyway, she tried to tell me I owe them. I tell them - you're for profit, not gov't insured loans they are signature etc etc. She says I've been doing this for 5 year and never seen a SL discharged.

You still owe us, talk to supervisor.
Similar conversation as above.

Talk to other supervisor.
Similar conversation as above. I ask how long he's been doing this - 2 years.
So I give him a lesson.
He says they sent a letter with the code in it saying it isn't discharged. Well, it was the new code not the old code. Reminded him of my filing date and that's why they think I owe.
So he tells me he needs a verbal authorization to put them into deferment.
I ask if that is resffirming the debt - no straight answer.
Asks me again for permission.
I say leave them alone.
Send me a letter w/ why you think I still owe.

That was a week ago - no calls and no mail.