• Report: #1084893

Complaint Review: Nelnet Loan Service

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  • Submitted: Mon, September 16, 2013
  • Updated: Mon, September 16, 2013

  • Reported By: Stand4Justice — Houston Texas
Nelnet Loan Service
121 South 13th Street; Lincoln, Nebraska USA

Nelnet Loan Service Nelnet Nelnet ignores: Fair Debt Collection Practices Act (FDCPA) 15 USC §1692c Lincoln Nebraska

*Consumer Comment: FDCPA Doesn't Apply Here

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Sent via CERTIFIED RETURN MAIL with RETURN RECEIPT

June 27, 2013

Nelnet Loan Service

Attention: Customer Interaction Center

121 South 13 Street Lincoln, Nebraska 68508

Re: Acct # ****, *Student Loan

Dear Debt Collector /Debt Collector Attorney:

This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA) 15 USC §1692c, to cease all communication with me in regard to the debt referenced above. I am writing you this letter to officially inform you that the above accounts do not belong to me there is no legal verified source documents to validate this claim this is being disputed. You should cease collection of the debt until you verify the debt by obtaining a copy of the debt and/or judgment. Sufficient verification of the debt should include a copy of any agreement which bears my signature, the most recent statement before you claim that the account became delinquent, and, if the account is no longer owned by the original creditor, a copy of any document which evidences the transfer of the account from the original creditor to you or your principal and any party in between. [continued below]....

..... NOTE: You are also notified that you shall cease collection efforts pending this verification. Please note that reporting the debt to a Credit Reporting Agency (as that phrase is defined by the Fair Credit Reporting Act) is considered a debt collection activity.

Sincerely,

 Elimelech Shmi Hebrew

 

NOTE: This is an attempt to make a debt collector obey the law. Any information obtained will be used for that purpose.


This report was posted on Ripoff Report on 09/16/2013 11:01 AM and is a permanent record located here: http://www.ripoffreport.com/r/Nelnet-Loan-Service/Lincoln-Nebraska-68508-/Nelnet-Loan-Service-Nelnet-Nelnet-ignores-Fair-Debt-Collection-Practices-Act-FDCPA-15-1084893. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 1Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

FDCPA Doesn't Apply Here

AUTHOR: Chris - ()

Hi Elimelech,

 

If you legitimately do not own the account and they are contacting you in error, a simple "cease and desist" letter informing them not to contact you would suffice. If it's not your account and they have the wrong person, then they aren't going to be able to come after you anyway.

If you do have an account with them and are simply disputing it to see if they can validate, then the following applies to you:

  1.      The company appears to be the original creditor and not a debt collector. The FDCPA only applies to third party debt collectors and not the original creditor. If they have a department within their main company that handles collecting past due accounts, they are exempt from the FDCPA. There are different procedures and laws for disputing accounts with the original credit, but the FDCPA is not it.
  2.      Your section of the letter that states "sufficient verification of the debt should include..." is a moot point. The main purpose of debt validation is to ensure they have the correct person and amount. Debt validation can be (and often is) as simple as an account statement showing a balance, provided by the original creditor and mailed to the debtor by the collection agency. This whole "agreement which bears my signature" is not required by them and is rarely entertained.
  3.      A third party collector is required by law to provide you the name and address of the original creditor if it's different from the current creditor. A collection agency usually tells you who the current creditor is every time they talk to you. This basically applies to junk debt buyers. If your original debt was with "ABC Co." and they *sold* (notice 'sold', not 'assigned') the debt to "JDB Inc." and JDB Inc hired a collection agency, then the collection agency would tell you that they are collecting for JDB who now owns the account and the original creditor was ABC Co. 
  4.      Rather than get into lengthy letters about the FDCPA, you can invoke all of your rights by simply writing "I dispute this debt. Telephone calls are inconvenient." Nothing else is required or paid attention to.

The strongest point here is that "Nelnet" is not a debt collector, they are an original creditor. These types of dispute letters are meaningless in this regard because the FDCPA does not apply to them in the slightest, and you've essentially paid for what seems to be three certified letters with return receipts that aren't doing you any good at all. If you're certain that you don't owe anything and they have the wrong person, then please re-read the first thing I wrote in this message at the top about a simple cease and desist letter.

Good luck.

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