FAFSA loan servicer reporting me delinquent despite active repayment plan - legal options?
I've been fighting with my FAFSA loan servicer for months and I'm at my wit's end. I originally requested lower monthly payments because I couldn't afford them, and after being ignored multiple times, I started making partial payments (which they said was fine). The loan eventually went into default status. After MONTHS of calling and getting nowhere, they finally put me on a repayment program with lower payments, lower interest, and extended terms. Great! I've been on auto-debit for 3 months now making ALL payments on time through their system. Here's the problem: They NEVER sent me the program details in writing despite me asking twice. And now, even though they're taking my money through auto-debit, they're STILL sending threatening emails/letters saying I'm delinquent and STILL reporting me as severely delinquent to credit bureaus! My credit score has tanked from 680s to 510s, and my parent's score (who's on my Parent PLUS loan as contributor) dropped from 790s to 670s. I literally can't qualify for anything now without insane interest rates. I've tried calling, escalating, everything. This is destroying both our financial futures even though I'm making EVERY payment they're requesting through THEIR auto-debit system. Is there any kind of legal action I can take against a FAFSA loan servicer for this? Has anyone dealt with something similar?
19 comments


Fatima Al-Sayed
This definitely sounds like something you could pursue legally. What you're describing is a violation of the Fair Credit Reporting Act. If they've set up a new repayment plan and you're making payments as agreed, they have an obligation to report your account correctly to the credit bureaus. Before filing a lawsuit though, I recommend these steps: 1. Send a formal dispute to all three credit bureaus (Equifax, Experian, TransUnion) 2. Send a written request (certified mail) to the loan servicer asking them to correct the reporting 3. File a complaint with the Consumer Financial Protection Bureau (CFPB) 4. File a complaint with Federal Student Aid Ombudsman Document EVERYTHING - dates of calls, names of representatives, copies of letters, screenshots of your auto-debit payments, etc. This will be crucial if you need to take legal action.
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Giovanni Marino
•Thank you so much for this detailed guidance. I've been taking screenshots of my bank statements showing the auto-debits, but I haven't been documenting the call details as thoroughly. I'll start doing that immediately. Do you think I should hire an attorney now or wait until after I've tried these steps? And roughly how long should I give them to respond to the formal disputes before moving forward with legal action?
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Dylan Hughes
omg same thing happened to me last year!!!! i was making payments on time and they STILL wrecked my credit. took me like 6 months to get it fixed. make sure ur not confusing ur servicer with sallie mae though - sallie mae does private student loans not federal ones. FAFSA loans go through servicers like nelnet, great lakes, etc.
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Giovanni Marino
•You're right - I think I've been confusing terms. It's definitely my federal loans through one of those servicers you mentioned (I think Great Lakes). I just always call everything "FAFSA loans" since that's how I applied. How did you end up getting yours fixed after 6 months? Did you have to go the legal route?
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NightOwl42
I dealt with almost identical situation last year. After 5 months of calling and getting nowhere, I tried using Claimyr (claimyr.com) to reach an actual FSA agent who could help. They got me connected in under 10 mins when I'd been trying for weeks to get through. The agent I spoke with opened an official investigation into the servicer's reporting practices, and they fixed my credit report within 30 days. You can see how it works in their video demo: https://youtu.be/TbC8dZQWYNQ Definitely file those CFPB complaints too as others suggested - that creates an official record. But getting to an actual FSA agent who can intervene with your servicer makes everything move 10x faster.
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Sofia Rodriguez
•Dude that actually seems useful for once. I spend HOURS trying to get a live person at FSA last year when my loan was mysteriously transferred to another servicer without warning. Gonna check that out.
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Giovanni Marino
•Thank you! I had no idea this service existed. I've been spending at least an hour on hold every time I call only to get disconnected or speak to someone who can't help. I'll definitely try this approach - anything to get this resolved faster.
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Dmitry Ivanov
Sorry your dealing with this!! IANAL but this sounds like a violation of the FCRA and possibly FDCPA. You might want to post in r/legaladvice too. Did they send you ANY written confirmation of your repayment program? Emails, letters, anything? Without written proof its going to be tougher to prove.
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Giovanni Marino
•Unfortunately, I have absolutely nothing in writing. Every time I requested email confirmation they promised to send it but never did. The only proof I have is my bank statements showing the auto-debits being processed at the new lower amount. I'll definitely check out that subreddit too - thank you!
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Ava Thompson
This is a textbook case of what's called "furnisher violations" under the FCRA. As someone who's helped numerous clients with similar issues, I can tell you that loan servicers have specific legal obligations for credit reporting accuracy. To pursue this effectively: 1. Under Section 623 of the FCRA, if you dispute the information directly with the servicer (which you have through your calls), they must investigate and correct inaccurate information. 2. File detailed disputes with the credit bureaus specifically citing your repayment plan agreement and citing "account included in repayment plan" as the correct status. 3. The CFPB complaint is crucial - they take servicer reporting issues very seriously for federal student loans. 4. Consider speaking with a consumer rights attorney who specializes in FCRA violations. Many offer free consultations and take cases on contingency. These servicers fix these issues quickly when legal pressure is applied because the statutory damages under FCRA can be substantial.
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Giovanni Marino
•This is incredibly helpful! I didn't know about Section 623 specifically. I've set up appointments with two consumer rights attorneys for next week to discuss my options. In the meantime, I'll get those disputes filed with the credit bureaus using the exact language you suggested. Thank you for the expert guidance!
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Sofia Rodriguez
not tryin to be a jerk but isn't it possible the repayment program you agreed to over the phone was just to get your account current but doesn't address the previous late payments? that would explain why they're still reporting bad history. have you pulled your actual credit reports to see exactly what they're reporting?
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Giovanni Marino
•That's actually a fair point and not jerky at all. I did pull my reports last week, and they're showing CURRENT late payments (like within the past 30 days) even though I'm on auto-debit making on-time payments. If they were just reporting my past history I'd understand, but they're reporting new delinquencies that aren't happening. That's what has me so frustrated.
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Miguel Herrera
I worked at a student loan servicer for 2 years, and this sounds like a system error on their end. When you're placed on a new payment plan, sometimes the automated credit reporting system doesn't get updated properly to reflect the new status. What likely happened is your account was flagged as delinquent, you got put on a new plan, but the system that handles credit reporting wasn't properly updated to reflect the change. The department taking your money (auto-debit) is separate from the department handling credit reporting. You need to specifically ask to speak with someone in their credit reporting department or team. Most call center reps won't even know this team exists. Be persistent and specifically request a "credit reporting investigation" or ask to speak with a "credit reporting specialist." They can issue a rapid rescore request to the credit bureaus that should fix this within 2-3 weeks.
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Giovanni Marino
•This makes SO much sense! I've been speaking with general customer service reps who keep telling me they've "noted my account" but nothing changes. I didn't realize there was a specific credit reporting team I should be asking for. I'll call tomorrow and specifically request this department. Thank you SO much for this insider information!
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Zainab Ali
THIS IS WHY I TELL EVERYONE TO AVOID STUDENT LOANS!!! The whole system is RIGGED against borrowers!!! I had $45k in loans and they somehow ballooned to $68k even though I never missed a payment! These companies are PREDATORY and the government LETS THEM GET AWAY WITH IT!!!!
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Dylan Hughes
•Ok but like.... some of us don't have rich parents and actually need loans to go to college?? Not super helpful to OP's situation rn
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Fatima Al-Sayed
Quick update based on other responses: Since you confirmed these are federal student loans (not private), you have additional protections. Contact the FSA Ombudsman Group specifically - they're designed to resolve disputes between borrowers and loan servicers. Their contact info is: https://studentaid.gov/feedback-ombudsman/disputes/prepare Also, federal student loan servicers are required by their contracts with the Department of Education to maintain accurate credit reporting. This gives you additional leverage beyond just the FCRA protections.
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Giovanni Marino
•Thank you for the follow-up and that link! I've bookmarked it and will definitely be contacting them. It's reassuring to know there are multiple avenues for addressing this since they're federal loans.
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