Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello, I appreciate your use of this service. I will be assisting you with this question.
Have you spoken with management at the loan administrator?
I appreciate the follow-up posting.
A civil suit is possible to address inaccurate late fees and penalties being applied by a loan administrator. However, that is typically a last resort as the time and expenses involved may outweigh the cost of the late fees and penalties. I see you have written four letters, but I am unsure of the approach taken otherwise.
A succesful approach is to take up such issues in writing with a loan administrator in a clear and concise manner. A chronological accounting of events including marked exhibits such as notices, statements, and proof of payment is the first portion of a demand letter typically used in such scenarios. Such a letter would then typically include a demand to correct account errors and cease collection attempts. It is generally a good idea to identify responsible management at more than one level of the entity and to send a copy to both via certified mail, return receipt requested. This may seem like a lot of work, but it is much less work than preparing for a civil suit should informal resolution not be succesful.
If the written effort is not succesful, then consider attempting to utilize the US Department of Eduction Ombudsman which can assist in such matters. Here is the site for that office, at:
Please be so kind to leave me a positive feedback rating, if you have a few seconds. You will be prompted for feedback after pressing the accept or submit button. You can still continue to post follow-up questions even after the accept button is pressed.Thank you so much
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).