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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 53574
Experience:  Licensed attorney helping individuals and businesses.
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My husband got a loan from Lending Club in August 2015. This

Customer Question

My husband got a loan from Lending Club in August 2015. This was during a time period where he was having major mental health issues (he has bipolar disorder w/psychosis - meaning, he had periods where he's erratic, impulsive, unable to determine the difference between real and the imagined). Although under medical care, he wasn't honest with his doctors about his state, and he crashed; it required just shy of temporary institutionalization. The last major fluctuation in his mental health state was in 2008/2009 - he was institutionalized, he got in trouble with the law, etc. His condition was in remission, he got his charges expunged, and he was well for a long period. My husbands condition was very bad from February 2015 - February 2016. So, he has again been in remission again since February of this year and we're trying to clean up the messes. I was unaware of the loan until I received a collection notice this past week. Only the very first payment was ever made - no payments have been made since October 2013. We are able to pay the loan off in full, but I want the credit report lates to be removed, considering the circumstances. I need to know if we have any legal premise to request this and exactly how to go about it. My husband and I have a 13 year old, severely disabled daughter, who just had two major surgeries and is requiring very expensive treatments and therapies - we need the health of our credit in tact. Please help!!
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 4 months ago.

are you asking to deal with the collector demands?

Customer: replied 4 months ago.
Not quite. I can pay the debt off, but I want the "lates" removed. Who do I deal with? The debt was sold to a collection agency, who says they can't change any of the credit reporting from the original loan holder (Lending Club), so the collections agency seems limited. The debt is no longer with Lending Club, but they're the ones who reported the lates. Do I deal with the collection co., Lending Club, or the credit bureaus, to request the lates be removed due to the nature of my husbands medical emergency (which is the reasons for the lates). As I said, I can pay it off in full, but I want the lates pardoned.
Expert:  Infolawyer replied 4 months ago.
You can seek waiver from management. You have a few options. Let me outline them. You can pursue a complaint in civil court. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved!
I wish you the best. I trust the answer has been helpful. kindly let me know.
Customer: replied 4 months ago.
Is "waiver from management" the legal term I'd use to describe what I'm requesting?
Customer: replied 4 months ago.
Do I pay it off and then follow with these actions, or pursue these actions first?
Expert:  Infolawyer replied 4 months ago.

Waiver, cancellation, write off. any of those words would work. I would not pay off until you reach agreement on the balance, and get confirmation in writing first.

Expert:  Infolawyer replied 4 months ago.

Kindly rate me positively.

Expert:  Infolawyer replied 4 months ago.

thank you in advance.

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