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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33928
Experience:  Began practicing law in 1992
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I am 63, retired, and have a student loan through FedLoan.

Customer Question

I am 63, retired, and have a student loan through FedLoan. When they prcessed my loan they put in the wrong birthday on their information. I had a 3 year forebearance and now they have been bugging me for physical proff of my birthday since they cannot change the information on their own. Since the information is not correct am I responsible for payment?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

If you are asking if you are responsible for paying the loan then the answer is yes. A mistake in the background information doesn't negate the responsibility for repaying the loan under a breach of contract theory or under a theory of law known as "unjust enrichment".

If you are asking if you are required to repay the loan prior to the three year forbearance that was agreed to then the answer is no, most likely not. The paperwork would have to be examined to see if the three year forbearance had any conditions on it but if it didn't then there is no responsibility on you to do anything other than what you agreed to do, which is to start paying in three years.

Expert:  Dwayne B. replied 1 year ago.

Please feel free to ask any follow up questions in this thread.

Customer: replied 1 year ago.
I disagree. Since the information on the loan is incorrect, I am not obligated to give them the correct information. Therefore, since the birthday is ***** that is not me. If FedLoan sends a credit claim for non- payment, all their information must be correct. IT IS NOT.
Expert:  Dwayne B. replied 1 year ago.

Sorry for the delay. I had computer problems.

I'll opt out since you apparently have your mind made up and don't actually want to rely on years of training, experience, and education in this specific field. You can certainly take the position that you are not going to pay them because they have your birth date wrong but since it is a student loan they will garnish your wages or your retirement without having to go through the trouble of a lawsuit first, put negative history on your credit report, and then at some point they will sue you and get a judgment against you. At that point, meaning during the lawsuit, you can try to use the defense that since their records have the wrong birth date then you aren't obligated to repay the loan.

Best wishes to you.