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First question I got is Is it better to payoff your Lending Tree mortgage or to use the money in other investments? Thanks for any answer. 2nd question I got is.. The Higher Education Act specifically allows for discharge of student loans where the school closed within 90 days of enrollment. However, you will have to fill out the required form and send it in. If you don 't do it by certified mail, it usually just gets thrown away. You have a right to a copy of your file. |
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Yup, but... you might wanna make sure and wait for another member here to confirm it as I am not sure. Better yet, why don't you email the Lending Tree guys because they can help better...
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There are two types of guarantee agencies. 1) Those established as "State guarantee agencies" which are, in fact, government entities. 2) Private non-profit guarantee agencies, which are usually estabished originally under a state charter, but are essentially left alone by the state after that. The second kind can be sued under the FDCPA. The first kind cannot be sued under the FDCPA. However, there may be other ways to go after the First kind.
A non-policy making arm of government (operational arm) can sometimes be sued too, if it's activities depart from the policy making arms issued policies and procedures. There are ways to redress issues. Its always a fight. In fact, you should probably find out who provides liability insurance to either type of entitiy and make an insurance claim for any damages you suffered. By the way, I am not an attorney and the previous suggestions are merely my personal beliefs and should not be construed as legal advice even though I kicked some a*s once... |
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So how do you find out which kind of guaranty agency you're dealing with?.
And do you mean you might be able to circumvent or the court process by filing an insurance claim instead?. Neat ideas. Thanks. And I could tell you're not an attorney. Attorneys don't know squat about student loans... |
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I should add, there is always a private right of action under the Higher Education Act to have student loans discharged if the school closed, false certification, and unpaid refundeven against a state agency. Also, the Freedom of Information Act gives you a right to access your student loan file against a federal agency. Most states have a similar right of action to access records from a state agency. However, usually, student loan organizations simply refuse to cough up such records, which makes them an easy target for a lawsuit. This is one of the reasons why I particularly like to help people with their student loan problems. It seems most student loan collectors can't help violating the laws (overbilling and withholding records at the very least)...
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After I won my case, I got excited about law and enrolled in law school. I'm a second year student now. But your right, I've only met one lawyer who knew anything about student loans and it was because he defaulted on his own loans and got stuck with a very large collection fee..
Usually, the court process goes hand in hand with an insurance claim. But you never know, if you are making a small request (under $10,000.00) you might just get it paid out without having to go to court. You can always threaten bad faith if you have strong documentation.. I figured out what kind of guarantor mine was by accessing their web-page on the net. It said what they were right on there. I could also probably figure it out too if you tell me who they are... |
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Not to steal a thread, but....
Kentucky higher education authority pulled a hard on my credit 2 years after loan was paid in full. I have beeen itching to sue for $1k on pp issue but am not sure as to whom to serve a summons. only thing I can gather is to send it to the C.E.O. Any help for me with this?.. |
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Hmm. I wonder if they are trying to get you for collection fees you don't owe. It is an old nasty trick for guarantee agencies to hide collection fees, tell you that your paid in full, and then try to collect the illegal excessive collection fees later through some slight of hand maneuver. I think you should definitely go after them. If they are a private agency, they should have a business license with the state. Usually, you can check with the state Dept of licensing and find out who the registered agent is.
If they are a State agency it has to be done differently. It might be a violation of the Privacy Act of 1974. Of course, you can get them under the FCRA too if private (and maybe state too)... |
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OK. I checked it out on their web-page. The Kentucky Higher Education Assistance Authority and Kentucky Higher Education Loan Corporation are identified on the Web-page as public municipal corporations. This means you can't sue them under the FDCPA. I'm not sure about the FCRA, but I think it applies even to government agencies. Who do you serve.
If it did come from one of the two listed above, I'm pretty sure most states require you to serve the attorney general's office of the state as well as the entity itself. This should be identified in the local rules of civil procedure for Kentucky. Also, it seems to me you may have a cause of action under the federal Privacy Act. I suggest you request a copy of your student loan file to figure out what is going on. Let me know if you need help with this... |
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Thanks for the info! I will plan on serving the C.E.O. of KHEAA and the AG as well. I am suing under FCRA only for the $1k on PP violation. They do not contend that I owe them money. This inquiry was the result of a validation request from me and they pulled a hard to confirm. Of course, they maintain they has every right.
I have finished the wording of my suit but do not want to let them get by on a technicality.I am a student and $40 to file is actually a concern. I wish that I could know for sure whom to serve and if I can under permissable purpose of the FCRA... |
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P.S. the checks for school came from a previous private lender in 95-96. Kheaa assumed the loans when they went into default.Currently, they are out of default and I am assuming new loans to continue my education but the past credit issues haunt me...
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Just curious. Why did you make a validation request if they didn't claim you owed them money? If I were you, I would double check with the National Student Loan Database System (NSLDS accessible via the DOE website) to make sure your status is properly recorded there. Still, that won't reflect collection fees outstanding. Is there some question about a settlement or compromised claim or something?..
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