A plus Title Pawn

This is in response to your complaint filed with the Revdex.com on January 16, 2017, concerning Educational Credit Management Corporation (ECMC) continuing to collect on a loan that you believed was paid in bankruptcy. As a result of your complaint Laurie [redacted], Research Resolution...

Specialist called you to discuss your concerns. She is working directly with you to research and resolve your concerns. Should you have any questions concerning this response, please contact Ms. [redacted] directly at ###-###-####.

I am rejecting this response because: I am dissatisfied with your lack of response to my question about confidentiality. You gave me a promissory note for a person who is not me. You gave a complete social security number, date of birth, etc, to the incorrect person. I could literally use that person's information however I wanted. In other businesses if that happens, you have to give free credit monitoring for 1 year. If I had more information on how to get ahold of the person, I would let them know you have given the wrong person all of their sensitive information. This is a bigger wrongdoing, in my eyes, than the original issue of contacting me incessantly. Do these types of things happen frequently? Based on my experience with your company, I figure you just searched my name on the internet and I fit the appropriate age range, so you thought it would be worth a shot to get the 80,000+ dollars back, even if it meant garnishing the wages of the wrong person. I am just entirely fed up with this company and their processes and I think that the actual party responsible for the defaulted loans needs to be made aware that you gave identifying information to the incorrect person because your tactics for locating the appropriate person are faulty.

Initial Business Response /* (1000, 5, 2016/02/11) */
This is in response to your complaint filed with the Revdex.com on February 2, 2016, concerning your defaulted student loans guaranteed by Educational Credit Management Corporation (ECMC). ECMC responded to your Consumer Financial...

Protection Bureau (CFPB) complaint filed April 14, 2015 regarding the same concerns on April 27, 2015. For your convenience, we have attached copies of the response and enclosures. Additionally Pam [redacted] ECMC Research Resolution Specialist, contacted you on June 23, 2015 as a result of a Federal Student Aid Ombudsman referral, left you a message to contact the University of Phoenix directly and provided their contact information.
In our previous research, ECMC reached out to the University of Phoenix to obtain any records regarding attendance based on the FFELP loans. The school provided a copy of transcripts reflecting attendance between October 18, 2005 and December 21, 2009. We have included a copy of these transcripts for your review. They also provided a Request for Leave of Absence form signed and dated December 1, 2009, which is also included for your review. We spoke to Raquel [redacted] University Relations Lead in the Office of Dispute Management at the University. Their records reflect on August 9, 2012, you submitted a letter to the University stating you were the victim of identity theft and enclosed a copy of a police report you filed September 24, 2011. The University responded on August 22, 2012 and enclosed an ID Theft Affidavit packet, which is required to review your claim. Attached is a copy of the letter and enclosures for your records. If you have any questions or wish to further dispute these loans, please contact the University directly at [redacted]@phoenix.edu.
A review of ECMC records reflects when our attempts to reach you by telephone and mail were unsuccessful, a Notice Prior to Wage Withholding was sent to you on January 11, 2016. This notice advised you ECMCpursuant to federal law (20 U.S.C. § 1095a et seq.) - was ordering your employer to immediately withhold 15% of your disposable income for payment of your defaulted federal student loans. This notice explained you could stop the garnishment if you established a written payment arrangement or requested a hearing within 30 days of the date of the notice. On February 9, 2016, ECMC received your timely request for an administrative wage garnishment hearing.
Should you have any questions regarding your account or the status of your hearing please contact an ECMC representative at X-XXX-XXX-XXXX. Please feel free to contact Pam at XXX-XXX-XXXX if you need additional information or have questions.
Initial Consumer Rebuttal /* (3000, 7, 2016/02/11) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I find this ironic that I have NEVER received any email and/or phone call from a Pam [redacted] about this matter and neither has my attorney that I have retained. All I have EVER received from ECMC is that my wages are garnished on/off for the past almost six years including my tax refund in which ECMC has garnished for now three years. Additionally, why would ECMC now state that they are providing documents when they have never done so in the past? This is just baffling to me as that they have been "contacting me" for years when my cell phone number hasn't changed since I acquired the number in 1999 and my physical address has been the same for four years as well. I have again submitted dispute documents to ECMC about this matter in both email and fax form and it's nice to know that they have finally acknowledged that they received the documents. Additionally, ECMC has stated that they have attached all sorts of documents within their response. I do not see those documents attached and respectfully requesting that these documents be sent to me so that I may turn these over to my attorney for review and course of action.
Final Consumer Response /* (3000, 11, 2016/02/23) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I truly do appreciate that ECMC has finally responded after almost six years of both myself and my attorney trying to obtain the information that ECMC has been garnishing me on. I am in the process of filling out the paperwork with my attorney and will be sending the documents in early next week. Unfortunately, ECMC now has started to call my cell phone number at all times of the day and night (as late as 9pm) with the typical "you need to pay your bill" phone call. I am really tired of ECMC having their collections people call me at all times of the day especially on my cell phone which according to FCC is illegal.
Final Business Response /* (4000, 13, 2016/03/01) */
On February 11 and 12, 2016 Educational Credit Management Corporation (ECMC) responded timely to your complaints filed with the Revdex.com on February 5, 2016. You indicated you did not accept the responses and your new inquiry was forwarded to ECMC February 24, 2016. As of February 19, 2016, your account was placed in a collection suspend status for 60 days to allow you time to complete and return the Loan Discharge Application: False Certification (Unauthorized Signature/Payment) application that was mailed to you that same day.
On March 1, 2016 you sent an email to ECMC regarding an administrative wage garnishment hearing. ECMC responded with the following information:
Please submit the financial statement with supporting documentation as well as the False Certification Unauthorized Signature/Payment application for review. You may scan an email the requested documents to [redacted]@ecmc.org or they may be faxed to [redacted]
Please feel free to contact Pam [redacted] at XXX-XXX-XXXX if you have any questions.

Initial Business Response /* (1000, 5, 2015/10/29) */
This is in response to your complaint filed with the Revdex.com on October 22, 2015, concerning your defaulted student loans guaranteed by Educational Credit Management Corporation (ECMC). As a result of the complaint, Laurie [redacted]...

ECMC Research Resolution Specialist, spoke to you on October 26 and October 28, 2015 to discuss your concerns and reach a resolution. Should you require additional assistance or have further questions please contact Laurie at XXX-XXX-XXXX.

I am rejecting this response because:
I have copies of every correspondence! I mailed the 9/8/16 signed agreement and returned before the deadline! No "documents missing" to void contract! I have copies of all correspondence. ECMC never informed me of any issue despite my...

inquiry after five months of correspondence and payments. I must do business by mail. I do not have a phone or computer, nor guaranteed access to any other means than mail as I requested 7/5/16.I made initial contact with ECMC on 7/5/16 when notified they acquired my student loan as of July61sr by TSAC.  I requested everything in writing. Arrangements were set up for payment with their representative Vanessa. Contract, payment statements and more have been by mail since.As per 8/3/16 and 9/8/16 contract, concerns were mailed "in writing ...within 30 days" to terms of the contract. We were unable to resolve my issues thus I signed and returned the contract dated 9/8/16 "within 120 days". Tax returns and AGI form required were sent when requested. Mail correspondence so far by date: 7/3, 7/20, 8/1, 8/3(x3), 8/9, 9/8(x2), 9/23, 11/1, 1/11Billing statements by mail: 8/3, 8/9, 8/15, 9/8, 10/11, 11/8Email from ECMC have been form letters directing to register at their website. (Screen print copies attached for 10/26 and 12/19.) Attempts to open produce warning. (Screen print attached).I do NOT have a telephone or computer nor can I afford one. My online access is limited to an old phone with a cracked screen. My family supplies Wifi only for FB messages and email. ECMC has been informed repeatedly since initial contact 7/5/16.I am still unemployed. It is unlikely my situation will change at my age, poor health and rural area. I continue to mail payments. All cleared on time so far. I will update AGI once I have filed my taxes. I have no phone or computer nor guaranteed access to any other means of correspondence other than by mail. *Cotrespinding online from this touch phone is very problematic for me. Please excuse any errors.

Initial Business Response /* (1000, 5, 2015/09/09) */
This is in response to your complaint filed with the Revdex.com on September 2, 2015, concerning your defaulted student loans guaranteed by Educational Credit Management Corporation (ECMC). As a result of the complaint, Yvonne...

[redacted] ECMC Research Resolution Specialist, called you on September 8, 2015 to discuss your concerns. Yvonne explained student loans are not dischargeable in bankruptcy. Student loan debt can only be discharged in bankruptcy if there is a determination by a bankruptcy court that repayment of the student loan debt will impose an undue hardship on the debtor and the debtor's dependents. Refer to 11 U.S.C. § 523(a)(8) of the U.S. Bankruptcy code.
Yvonne also explained a total and permanent disability (TPD) discharge program offered by the Department of Education. Effective July 1, 2013, the regulations require all TPD inquiries be handled by [redacted] You may contact [redacted] at XXX-XXX-XXXX X:XXam - 8:00pm ET seven days a week, via their website www.disabilitydischarge.com or via their email address [redacted]@nelnet.net. Should you require any additional assistance with these federal student loans while working through the TPD process, please don't hesitate to contact Yvonne at XXX-XXX-XXXX.

This is in response to the Revdex.com (Revdex.com) complaint you filed regarding your tax offset, which was sent to Educational Credit Management Corporation (ECMC) on March 6, 2017.  As a result, Pam [redacted], ECMC Research Resolution Specialist Lead, called the number you had...

listed on the Revdex.com complaint, ###-###-####, on March 8, 2017, received a message your mailbox was full so she sent an email to the address provided on the complaint, [redacted].  In the email Ms. [redacted] explained the following: Effective December 2, 2016, the U.S. Department of Education (ED) assigned the South Carolina State Education Assistance Authority (SCEAA) loan portfolio to ECMC. Records reflect your defaulted Federal Family Education Loan Program (FFELP) loans previously held by SCEAA were consolidated into a Direct Consolidation Loan in November 2016. Due to some system conversion glitches from SCEAA to ECMC, your account was certified for tax offset in error.  ECMC just received notification to post the offset payment of $2,885 on March 7, 2017. The offset has been refunded and was mailed to you on March 9, 2017, to the mailing address you provided on the Revdex.com complaint. ECMC truly apologizes for any inconvenience this has caused. If you have any questions please feel free to contact Pam [redacted] at ###-###-#### or p[redacted]@ecmc.org

Initial Business Response /* (1000, 5, 2015/06/30) */
This is in response to your complaint filed with the Revdex.com on June 25, 2015, concerning your defaulted student loan guaranteed by Educational Credit Management Corporation (ECMC). As a result of the complaint, [redacted]...

Research Resolution Specialist at ECMC, called you on June 27, 2015 to discuss your concerns. We discussed your settlement agreement options and credit reporting dispute. Please continue to work directly with [redacted] at XXX-XXX-XXXX or via email [redacted]@ecmc.org .
Initial Consumer Rebuttal /* (2000, 7, 2015/07/01) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Ms. [redacted] reviewed my issue with ECMC. She emailed and called me back to verify what she found and clarify the settlement offer. We have come to a mutual agreement to both our satisfaction.
Thank you for the help in this matter.

This is in response to your Revdex.com complaint received by Educational Credit Management Corporation (ECMC) on February 28, 2017. Based on the information you provided, ECMC was unable to locate your account.  To ensure we are providing information to the correct individual,...

additional information, such as your ECMC account number and/or the last four digits of your social security number are needed to identify the appropriate account.  Please contact Pam [redacted], ECMC Research Resolution Specialist, at ###-###-#### for assistance in addressing your concerns.

This is in response to your complaint filed with the Revdex.com on April 15, 2016. Educational Credit Management Corporation (ECMC) has reviewed your concerns.  ECMC records reflect a payment posting to your account in the amount of $2,920.22 effective March 1, 2016.  As a...

result of this payment, your account was paid in full.  On March 6, 2016, ECMC accurately reported the loan to the national credit bureaus as a 62 (account paid in full was a collection account, insurance claim or government claim) with a zero balance.  Your complaint states the loan should have been removed from your credit report within 30 days of being paid in full.  In accordance with 20 U.S.C. § 1080A(f)(1), 15 U.S.C. § 1681c(a)(4) and 34 C.F.R. § 682.410(b)(5), the Federal Family Education Loan Program (FFELP) requires, and the Fair Credit Reporting Act allows the guaranty agency to report defaulted information for seven years from the date on which the guarantor paid a claim to the holder on the guaranty. Your default claim was paid on June 3, 2010 and as a result is eligible for reporting until June 3, 2017.  ECMC has submitted a request to the consumer reporting agencies to mark the account as disputed. ECMC has no control over and is not responsible for how long it takes the consumer reporting agencies to update the account as disputed.  If you have further questions you may contact Laurie [redacted], ECMC Research Resolution Specialist at ###-###-####.

Initial Business Response /* (1000, 5, 2016/02/19) */
This is in response to the complaint you filed with the Revdex.com on February 10, 2016, concerning your defaulted student loans guaranteed by Educational Credit Management Corporation (ECMC). As a result of the complaint, Laurie...

[redacted] ECMC Research Resolution Specialist, attempted to contact you February 12 and 16, 2016 to discuss your concerns and left you message to contact her. As of February 19, 2016, no return call has been received. The following is an outline of your federal consolidation loan currently held by ECMC
On August 15, 2007 you received a federal Consolidation loan in the amount of $11,361.46. The loan was serviced by Navient and originally guaranteed by the California Student Aid Commission (CSAC). Please find a copy of the promissory note you signed to obtain this loan attached with our response.
Information provided by Navient indicates your first payment became due on October 14, 2007. Records reflect you made one payment in the amount of $200.90, which advanced the due date to November 14, 2007. When the loan became more than 270 days past due, it went into default and Navient filed a default claim with CSAC. As the guarantor, CSAC paid a default claim on December 14, 2008 in the amount of $12,316.22. Pursuant to Federal regulations governing the Federal Family Educational Loan Program (FFELP), guaranty agencies must add collection costs on educational loan debt when the guaranty agency pays a default claim to the lending institution (34 C.F.R. § 682.410(b)(2)). In addition, all outstanding interest was capitalized at the time the default claim was paid (34 C.F.R. § 682.410(b)(4)). Due to the default and capitalized interest, the claim amount of $12,316.22 became your new principal balance.
According to CSAC you entered into a loan rehabilitation agreement on October 21, 2009, which acknowledged and reaffirmed the debt. In this agreement you agreed to make nine monthly on time payments in the amount of $166. The first payment of your rehabilitation posted October 27, 2009 and the last payment June 29, 2010. Attached is a copy of your CSAC payment history. Upon timely receipt of the final rehabilitation payment, CSAC located a lender to buy back your loan. On July 16, 2010, CSAC received repurchase funds from Suntrust Bank in the amount of $14,171.48. Your loan was successfully rehabilitated and removed from default. At this time American Education Services (AES) became the new servicer of your loan.
Information provided by AES indicates your first payment was due August 23, 2010, you made five months' worth of payments totaling $805.00, were granted 18 months of deferment and 18 months of forbearance, which advanced the due date to February 1, 2014. Please note interest is capitalized and added to the principal balance at the end of a forbearance period, which causes your principal balance to increase. AES records reflect no further forbearance, deferment or payments were processed on your loan. When your loan became more than 270 days delinquent, it again went into default. Effective November 1, 2010, the U.S. Department of Education (ED) assigned the CSAC student loan portfolio to ECMC. On February 26, 2015, ECMC paid a default claim on your loan in the amount of $37,082.27. Due to the default and capitalized interest, the claim amount of $37,082.27 became your new principal balance.
ECMC sent you the required Notice of Default (NOD) dated March 1, 2015. This notice informed you of your rights, consequences of default and outlined the steps a federal guarantor may pursue on defaulted student loans, In addition the NOD provided options to remove your loans from default and contact information to set up a payment arrangement.
As a federal guaranty agency, ECMC is required to participate in the Treasury Offset Program (TOP) and must provide information to the ED on all defaulted accounts in which a voluntary arrangement has not been reached. As part of this process, ECMC mailed a written notice to you dated August 15, 2015 with the last known address provided by the Department of Treasury. This notice explained the offset process and also provided you options for avoiding the offset. When no response to the letter was received, ECMC placed your name on the 2016 certification file which was processed in November 2015. Through TOP, ED may request the Department of Treasury to offset this loan debt against all payment streams authorized by law, either currently or in the future. These payment streams may include (but are not limited to) federal and/or state tax refunds, social security benefits, and/or federal travel reimbursements. The account remains certified for TOP until you make a satisfactory payment arrangements on the loan or otherwise bring the loan out of default.

As of the date of this letter your current balance is $19,108.00. Of that amount $15,347.94 is principal, $24.37 interest, and $3,735.69 collection costs. On February 17, 2016, ECMC received notification to post a treasury offset payment in the amount of $3,403. Attached is a copy of your ECMC payment history.
ECMC has established a process by which borrowers who have had their tax refund offset may apply for a hardship refund of those funds. The process requires the borrower to set up a satisfactory payment arrangement on the account. Once that is done, ECMC will review the borrower's application for a hardship refund however there is no guarantee that a refund will be issued. Attached is a Tax Offset Hardship Refund Request form for your review.
There are several options available for defaulted borrowers such as pay in full, settle in full, or consolidation. To learn more about these options, you can view www.ecmc.org under the Resolving Default tab or visit www.studentaid.ed.gov under Repay your Loan - getting out of default. To enter into one of these arrangements or to receive further information specifically regarding your account, please contact ECMC at X-XXX-XXX-XXXX.
If you have any questions regarding this information please contact Laurie at XXX-XXX-XXXX.
Final Business Response /* (1000, 7, 2016/02/23) */
This is in response to the complaint you filed with the Revdex.com on February 10, 2016, concerning your defaulted student loans guaranteed by Educational Credit Management Corporation (ECMC). As a result of the complaint, Laurie [redacted] ECMC Research Resolution Specialist, attempted to contact you February 12 and 16, 2016 to discuss your concerns and left you message to contact her. As of February 19, 2016, no return call has been received. The following is an outline of your federal consolidation loan currently held by ECMC
On August 15, 2007 you received a federal Consolidation loan in the amount of $11,361.46. The loan was serviced by Navient and originally guaranteed by the California Student Aid Commission (CSAC). Please find a copy of the promissory note you signed to obtain this loan attached with our response.
Information provided by Navient indicates your first payment became due on October 14, 2007. Records reflect you made one payment in the amount of $200.90, which advanced the due date to November 14, 2007. When the loan became more than 270 days past due, it went into default and Navient filed a default claim with CSAC. As the guarantor, CSAC paid a default claim on December 14, 2008 in the amount of $12,316.22. Pursuant to Federal regulations governing the Federal Family Educational Loan Program (FFELP), guaranty agencies must add collection costs on educational loan debt when the guaranty agency pays a default claim to the lending institution (34 C.F.R. § 682.410(b)(2)). In addition, all outstanding interest was capitalized at the time the default claim was paid (34 C.F.R. § 682.410(b)(4)). Due to the default and capitalized interest, the claim amount of $12,316.22 became your new principal balance.
According to CSAC you entered into a loan rehabilitation agreement on October 21, 2009, which acknowledged and reaffirmed the debt. In this agreement you agreed to make nine monthly on time payments in the amount of $166. The first payment of your rehabilitation posted October 27, 2009 and the last payment June 29, 2010. Attached is a copy of your CSAC payment history. Upon timely receipt of the final rehabilitation payment, CSAC located a lender to buy back your loan. On July 16, 2010, CSAC received repurchase funds from Suntrust Bank in the amount of $14, 171.48. Your loan was successfully rehabilitated and removed from default. At this time American Education Services (AES) became the new servicer of your loan.
Information provided by AES indicates your first payment was due August 23, 2010, you made five months' worth of payments totaling $805.00, were granted 18 months of deferment and 18 months of forbearance, which advanced the due date to February 1, 2014. Please note interest is capitalized and added to the principal balance at the end of a forbearance period, which causes your principal balance to increase. AES records reflect no further forbearance, deferment or payments were processed on your loan. When your loan became more than 270 days delinquent, it again went into default. Effective November 1, 2010, the U.S. Department of Education (ED) assigned the CSAC student loan portfolio to ECMC. On February 26, 2015, ECMC paid a default claim on your loan in the amount of $17,525.85. Due to the default and capitalized interest, the claim amount of $17,525.85 became your new principal balance.
ECMC sent you the required Notice of Default (NOD) dated March 1, 2015. This notice informed you of your rights, consequences of default and outlined the steps a federal guarantor may pursue on defaulted student loans, In addition the NOD provided options to remove your loans from default and contact information to set up a payment arrangement.
As a federal guaranty agency, ECMC is required to participate in the Treasury Offset Program (TOP) and must provide information to the ED on all defaulted accounts in which a voluntary arrangement has not been reached. As part of this process, ECMC mailed a written notice to you dated August 15, 2015 with the last known address provided by the Department of Treasury. This notice explained the offset process and also provided you options for avoiding the offset. When no response to the letter was received, ECMC placed your name on the 2016 certification file which was processed in November 2015. Through TOP, ED may request the Department of Treasury to offset this loan debt against all payment streams authorized by law, either currently or in the future. These payment streams may include (but are not limited to) federal and/or state tax refunds, social security benefits, and/or federal travel reimbursements. The account remains certified for TOP until you make a satisfactory payment arrangements on the loan or otherwise bring the loan out of default.
As of the date of this letter your current balance is $19,108.00. Of that amount $15,347.94 is principal, $24.37 interest, and $3,735.69 collection costs. On February 17, 2016, ECMC received notification to post a treasury offset payment in the amount of $3,403. Attached is a copy of your ECMC payment history.
ECMC has established a process by which borrowers who have had their tax refund offset may apply for a hardship refund of those funds. The process requires the borrower to set up a satisfactory payment arrangement on the account. Once that is done, ECMC will review the borrower's application for a hardship refund however there is no guarantee that a refund will be issued. Attached is a Tax Offset Hardship Refund Request form for your review.
There are several options available for defaulted borrowers such as pay in full, settle in full, or consolidation. To learn more about these options, you can view www.ecmc.org under the Resolving Default tab or visit www.studentaid.ed.gov under Repay your Loan - getting out of default. To enter into one of these arrangements or to receive further information specifically regarding your account, please contact ECMC at X-XXX-XXX-XXXX.
If you have any questions regarding this information please contact Laurie at XXX-XXX-XXXX.

I am rejecting this response because:
First of all, I did not receive response to my request for validation within the specified 30 days per Texas Finance Code.  There is no evidence to support ECMC's claim...

to have sent this information in time.  Furthermore, any attempt at a validation at this point comes too little too late.  I have already suffered substantial damages due to this debt collector's willful negligence.  I am making every effort to resolve this matter without presenting this case before a courtroom jury.  I am respectfully requesting ECMC delete the invalidated account from my credit reports immediately.

On November 11, 2016 Educational Credit Management Corporation (ECMC) received a Revdex.com (Revdex.com) complaint and responded timely on November 15, 2016. You indicated you did not accept the response and your new inquiry was forwarded to ECMC November 18, 2016. In addition to the Revdex.com disputes, ECMC also received the complaint you filed with the Consumer Financial Protection Bureau (CFPB) on November 15, 2016 and is preparing the response. Information provided in the CFPB complaint clarified the dispute and your position. Based on the additional information and further research, ECMC has taken the necessary steps to remove all of your information from the associated account. This includes employer information, telephone numbers, and your email address. ECMC sincerely apologizes for the confusion and inconvenience this has caused. Please contact Trudy [redacted] – Research Resolution Specialist, ###-###-#### or email [redacted]@ecmc.org in the unlikely event another issue may arise.

Initial Business Response /* (1000, 5, 2015/10/02) */
This is in response to your complaint filed with the Revdex.com on September 25, 2015, concerning your defaulted student loans guaranteed by Educational Credit Management Corporation (ECMC). As a result of the complaint, Laurie...

[redacted] ECMC Research Resolution Specialist, called you on October 1, 2015 to discuss your concerns. Should you require additional assistance or have further questions please contact Laurie at XXX-XXX-XXXX.

This is in response to your January 30, 2017 rejection of Educational Credit Management Corporation (ECMC) Revdex.com January 20, 2017 response to your January 16, 2017 complaint. As advised in ECMC’s January 20, 2017 response, your loan rehabilitation agreement became voided because required paperwork was not received. Required paperwork cannot be altered, which is why your previous documents were rejected. As long as you submit all paperwork without altering the agreement, all voluntary payments made within the grace period will count toward the rehabilitation. Also advised on January 20, 2017 ECMC will no longer attempt to arrange loan rehabilitation through the United States Postal Service. You will need to either contact the Default Resolution department at ###-###-#### or set the rehabilitation up at www.ecmc.org. ECMC has reviewed the privacy error screen print you submitted with your rejection. This warning was generated based on settings on your computer. You may wish to adjust your settings. ECMC website is secure. Loans issued under the FFELP provide an option for loan forgiveness via Total and Permanent Disability (TPD) Discharge.  Effective July 1, 2013, the regulations require all TPD inquiries to be handled by the U.S. Department of Education via their TPD provider Nelnet.  You may contact Nelnet at ###-###-#### 8:00am – 8:00pm ET seven days a week, via their website www.disabilitydischarge.com or via their email address [email protected]. If I can be of further assistance, you may contact Trudy [redacted], ECMC – Research Resolution Specialist at ###-###-####.

Initial Business Response /* (1000, 5, 2015/09/11) */
This is in response to the complaint you filed with the Revdex.com on September 1, 2015, concerning your defaulted student loans guaranteed by Educational Credit Management Corporation (ECMC).Educational Credit Management Corporation...

(ECMC) has reviewed your concerns. ECMC has previously responded to you directly regarding the same concerns on October 31, 2012, July 6, 2015, and August 8, 2015. For your convenience, we have attached copies of those responses.
A review of the National Student Loan Data System (NSLDS) reflects there are other federal student loans not held by ECMC listed under your name and social security number that reflect a default status . For information pertaining to your loans, you may access your loan information at www.nslds.ed.gov.
Following is an outline of your federal consolidation loan held by ECMC. On July 18, 2003, you received one federally guaranteed consolidation loan disbursed in the amount of $14,825.91. The loan was serviced by Affiliated Computer Services (ACS) and was originally guaranteed by the California Student Aid Commission (CSAC). Effective November 1, 2010, the U.S. Department of Education (ED) assigned the CSAC student loan portfolio to ECMC and ECMC became the new guarantor of the loan. Attached is a copy of the signed promissory note used to obtain this loan.
In your complaint, you are requesting proof of the debt you owe. By signing a promissory note, you, the borrower, agree to repay the loans that are guaranteed using the note. This is a legally binding contract. Please read section's F and G on the last page of your promissory note for further information
Information provided by ACS indicates you were granted 54 months of deferment, 32 months of forbearance and made four payments totaling $430.18, which advanced the due date to June 28, 2011. Records reflect no further payments, deferment or forbearance were processed on the loan.
When your loan became more than 270 days delinquent, it went into default. On August 2, 2012, ECMC paid a default claim on your loan in the amount of $16,877.75. Pursuant to federal regulations governing the Federal Family Education Loan Program (FFELP), guaranty agencies must add collection costs on educational loan debt when the guaranty agency pays a default claim to the lending institution (34 C.F.R. § 682.410(b)(2)). In addition, all outstanding interest was capitalized at the time the default claim was paid (34 C.F.R. § 682.410(b)(4)). This caused the loan balance to increase.
You expressed concern over the reporting of your loans to the consumer reporting agencies. In accordance with 20 U.S.C. § 1080A(f)(1), 15 U.S.C. § 1681c(a)(4) and 34 C.F.R. § 682.410(b)(5), the Federal Family Education Loan Program (FFELP) requires and the Fair Credit Reporting Act allows guaranty agencies, such as ECMC to report this information for seven years from the date on which the guaranty agency paid a claim to the holder on the guaranty. As stated above, your claim was paid on August 2, 2012. ECMC is accurately reporting your account as a 93 (Account assigned to internal or external collections) with a balance. ECMC has submitted a request to the consumer reporting agencies to mark the account as disputed. ECMC has no control over and is not responsible for how long it takes the consumer reporting agencies to update the account.
Regarding your concerns with the Fair Debt Collection Practices Act (FDCPA), it has been established that student loan guarantors, such as ECMC, are not subject to the FDCPA. See Pelfrey v. Educ. Credit Mgmt. Corp. (In re Pelfrey), 208 F.3d 945 (11th Cir. 2000); Rowe v. Educ. Credit Mgmt. Corp., 730 F.Supp.2d 1285 (D. Ore. 2010); Montgomery v. Educ. Credit Mgmt. Corp., 238 B.R. 806 (D. Minn.1999).
At this time there is not enough evidence to substantiate your identity theft claim. If you believe the student loans held by ECMC were the result of identity theft, please complete the attached Certification/Agreement of Cooperation of Identity Theft Claims form, which is required by the Department of Education to review a claim of identity theft. In addition, ECMC also mentioned your claim would be reviewed once the notarized form and all required documentation were received. In our October 31, 2012 response we explained it is your responsibility to obtain a criminal court verdict that conclusively finds that you were the victim of identity theft; references this loan specifically; and identifies the name(s) of the individual(s) who committed the crime. Please note filing a police report does not fulfill that requirement.
Your account has been placed in a suspend status for 60 days to allow you time to return the Certification/Agreement of Cooperation of Identity Theft Claims form and the required documentation. Should you have any questions or concerns regarding this information please feel free to contact Laurie [redacted] at XXX-XXX-XXXX.
Initial Consumer Rebuttal /* (3000, 7, 2015/09/14) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Please send all documents to my address on file for me to review.
Final Business Response /* (4000, 9, 2015/09/23) */
On September 14, 2015, Educational Credit Management Corporation (ECMC) responded timely to your complaint filed with the Revdex.com on September 2, 2015. You indicated you did not accept the response and your new inquiry was forwarded to ECMC September 15, 2015. You requested documents be sent to your address on file for review. Attached please find documents ECMC received from Affiliated Computer Services which include deferment and forbearance requests, copies of your check stubs and a notice of unemployment insurance award. These documents will also be mailed to you on September 24, 2015.
As stated in our first response if you believe the student loans held by ECMC were the result of identity theft, please complete the attached Certification/Agreement of Cooperation of Identity Theft Claims form, which is required by the Department of Education to review a claim of identity theft. In addition, ECMC also mentioned your claim would be reviewed once the notarized form and all required documentation were received.
If you have questions regarding this information please contact Laurie [redacted]- ECMC Research Resolution Specialist[redacted].

This is in response to your complaint against Educational Credit Management Corporation (ECMC) filed with the Revdex.com on November 11, 2016 regarding the default status and collection activity on this student loan debt. Attached is a summary listing the student loans ECMC holds in...

your name and social security number, as well as the electronically signed promissory note you signed to obtain the loans. The loans were disbursed to pay education expenses while attending [redacted] University. The loans were originally funded by Wells Fargo, later sold to Navient and SLM Trusts and serviced by Navient Solutions. To verify this information and confirm all federal student loans under your name and social security number, ECMC advises you to check with the US Department of Education’s (ED) National Student Loan Data System (NSLDS). The web address is www.nslds.ed.gov. If you wish, you may access this information by calling ED/NSLDS toll-free at ###-###-####. Information provided by Navient confirms you separated or withdrew from [redacted] University on September 13, 2010. You were eligible for a six month grace period, during which no payments were due. The grace period expired on March 13, 2011. Once the grace period is used, it is not reinstated should the student return to school. The first payment was due on May 13, 2011. Navient confirms no payments were paid on the account. You were granted 12 months deferment and 36 months forbearance, advancing the next payment due date to May 13, 2015. Once the loan became more than 270 days past due, it went into default and a default claim was filed by Navient. On June 23, 2016, ECMC paid a default claim on the loan in the total amount of $83,167.50, and the loans were transferred to ECMC.  Pursuant to federal regulations governing the Federal Family Education Loan Program (FFELP), guaranty agencies must add collection costs on educational loan debt when the guaranty agency pays a default claim to the lending institution (34 C.F.R. § 682.410(b)(2)). Regulation also requires all outstanding interest to be capitalized at the time of default (34 C.F.R. § 682.410(b)(4)).  As a result of the capped interest, your new principal balance became $83,167.50.   A review of ECMC records reflects when our attempts to reach you were unsuccessful, a Notice Prior to Wage Withholding was sent to you on November 14, 2016. This notice advises you ECMC--pursuant to federal law (20 U.S.C. § 1095a et seq.) - is ordering your employer to immediately withhold 15% of your disposable income for payment of your defaulted federal student loans. This notice explains you could avoid the garnishment if you establish a written payment arrangement or request a hearing within 30 days of the date of the notice.  If no written or verbal response is received to this notice, an administrative wage garnishment order will be issued to your employer to deduct from your wages an amount equal to no more than 15% of your disposable pay for each period, or the amount permitted by 15 U.S.C. § 1673, to repay your defaulted federal student loans held by ECMC.   You can avoid wage garnishment by entering into a repayment arrangement. These arrangements include Pay in Full, Settle in Full, Loan Rehabilitation and Consolidation. To learn more about these options, you can view www.ecmc.org  under the Resolving Default tab or visit www.studentaid.ed.gov under Repay your Loan - getting out of default. To enter into one of these arrangements or to receive further information specifically regarding this account, please contact ECMC at ###-###-####.    In your Revdex.com complaint, you request ECMC no longer contact you. ECMC placed your account into a Do Not Contact status and suspended all future calls. However, ECMC still has a duty under the federal student loan regulations to make diligent efforts to collect your defaulted federal student loan. A do not contact request does not prevent ECMC from contacting your employer for the purposes of initiating administrative wage garnishment proceedings.  ECMC may also pursue other administrative remedies.   After reviewing this information, if it remains your position these are not your student loans, you may contact Customer Service at ###-###-#### to discuss the options. If I can be of further assistance, you can reach Trudy [redacted], ECMC – Research Resolution Specialist at ###-###-#### or email [redacted]@ecmc.org.

A copy of Educational Credit Management Corporation (ECMC) response is attached.