Student loan -- Dealing with your lender or servicer -- Complaint #4552937
Complaint Overview
Complaint ID: 4552937
Company: SLM Corporation
Product: Student loan
Sub-Product: Private student loan
Issue: Dealing with your lender or servicer
Sub-Issue: Received bad information about your loan
State: New York
ZIP Code: 105XX
Date Received: 2021-07-18T12:00:00-05:00
Date Sent to Company: 2021-07-29T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
I have argued numerous times that XXXX/Sallie Mae Tuition Answer loan was discharged as part of my 2017 chapter XXXX bankruptcy ( see attached ). They have collected monthly payments since then as part of the charge off, they have been reporting my account as late each month since then to the various credit agencies even though Ive been paying their agreed upon monthly payments. As per a number of recent cases, it has been determined that in fact the Tuition Answer loans were dischargeable. The rulings state ( excerpt summary ) : The sole question is whether the student loans constitute an obligation to repay funds received as an educational benefit, since Navient didnt argue that the student loan fell in either the first or third categories. The court embarked on an analysis of stautory interpretation of the U.S. Bankruptcy Code to determine the underlying meaning of the operative words in the text. The term educational benefit is undefined and potentially vague. The court concluded that the terms should be interpreted in light of its listed companions, suggesting educational benefits means conditional grant payments similar to scholarships and stipends. Since scholarships and stipends generally dont have to be repaid, the plaintiff in this case isnt required to pay these private student loans. FURTHER, the below was mentioned : Sallie Mae XXXX XXXX loans are considered non-qualified student loans, which means they are eligible to be XXXX through a bankruptcy. These loans are above the cost of attendance to help students have money to live on while they go to school. If you have a Tuition Answer student loan discharged in bankruptcy, but Sallie Mae or its representatives attempt to collect on these same loans after the bankruptcy, those collection attempts could be in violation of federal bankruptcy laws. The Fair Debt Collection Practices Act ( FDCPA ) prevents lenders and debt collectors from trying to collect on debts that have been discharged in a bankruptcy. If you have had a Tuition Answer Student Loan discharged in a bankruptcy, but the debtor or its representatives continue to try to collect that money from you, you could be deserving of compensation for violations of the FDCPA. When you file bankruptcy, you are protected by law from the borrowers of the loans that have been discharged. They can not make future attempts to collect on debts that have been discharged. Lenders and debt collectors can be held liable for willful violations of the bankruptcy discharge order if they continue to harass you to collect payment.
Frequently Asked Questions
What is Complaint #4552937 about?
Complaint #4552937 was filed against SLM Corporation regarding Student loan specifically about Dealing with your lender or servicer. It was received by the CFPB on 2021-07-18T12:00:00-05:00.
How did SLM Corporation respond to this complaint?
The company responded with: "Closed with explanation". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Student loan) and describe your issue in detail.
Can I see other complaints against SLM Corporation?
Yes, visit the SLM Corporation company profile at readthecomplaint.com/company/slm-corporation to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.