Student Loan: MOHELA's Breach of Contract [Archive]

Dhiana

10-20-12, 10:51pm

I'm looking for help editing a letter I'm planning to send to the servicer of my student loan.
Any suggestions to make it have more punch?

Thank you in advance,
Dhiana

Oct 20, 2012

Mohela-DOE Servicer
633 Spirit Drive
Chesterfield, Missouri
63005

RE: Mohela's breach of contract of (Insert Account # & Info)

Dear Mr./Ms. CEO,

My student loan with the Dept of Education has been paid on time since 2003 via our contract of automatic withdrawals. This same contract is still in effect since Mohela took possession of my student loan on March 29, 2012.

Mohela is now in breach of this contract by not automatically withdrawing the Aug 14th payment as required by this contract. Despite notices that I am late on my payments it is Mohela that is late with the withdrawal.

Please correct Mohela's error by withdrawing the payment that should have been automatically withdrawn on Aug 14th(or nearest business day) within one month of receiving this letter.

At which time Mohela will also correct any negative errors that may have been sent to the credit reporting agencies.

Thirdly, Please immediately send via the email on record, [email.comemail], the payoff amount for what my loan will be as of November 30, 2012.

All communication must be in writing, no phone calls will be accepted.

Sincerely,
Dhiana

lhamo

10-21-12, 1:11am

Suggested edits below. Not sure if it is punchier, but I thought your original wording wasn't as explicit as it might be. Definitely add as much supporting documentation as you can -- including original contracts, their notices to you about assumption of hte loan, and any proof you have of this showing up on your credit report.

I'm not a lawyer, so not sure what your potential recourse is if they don't follow through. But if the error is on their side then they definitely should cover any damages to you.

If you haven't done so already, you might want to google to see if this servicer is known to be problematic, and see of there are blog or forum posts somewhere with recommended strategies for dealing with them.

Go get em, Dhiana!

lhamo

----------------------

Oct 20, 2012

Mohela-DOE Servicer
633 Spirit Drive
Chesterfield, Missouri
63005

RE: Mohela's breach of contract of (Insert Account # & Info)

Dear Mr./Ms. CEO,

My student loan with the Dept of Education [insert loan # or other reference to identify loan] has been paid on time since 2003 via the automatic withdrawal plan I set up with [name of original bank, include copy of paperwork and reference it if you still have it]. Mohela took possession of my student loan on March 29, 2012, and I was given written confirmation that the automatic payment plan would still operate as per the original agreement (please see Attachment 1, which is a copy of the notice you sent me at the time you assumed the loan).

I received a notice from the Department of Education on [date] indicating that I am late on my payments (please see Attachment 2). By not automatically withdrawing the scheduled Aug 14th payment Mohela is in breach of our contract and has caused potential financial damages to me in the form of late payment charges and penalties and damage to my credit rating.

Since this late payment is the fault of Mohela, I expect you to correct this error and restore my loan to good standing with the Department of Education by 1) withdrawing from my account and sending to the Department of Education the payment that should have been automatically withdrawn on August 14, 2012; 2) paying directly to the Department of Education any penalities or extra interest that may have been incurred on the loan due to Mohela's failure to fulfill its contractual obligation to service my loan; and 3) correcting promptly any negative information that may have been sent to the three major credit reporting agencies (Experia, Equifax, and TransUnion) due to this error on Mohela's part. I expect these corrective actions to be taken within 30 days of receipt of this written notice, or I will pursue further legal action against you.

In addition to the corrective action listed above, please send immediately the payoff amount for this loan as of November 30, 2012. Please send this information to the email on record: cheesehead1701@gmail.com.

If you wish to discuss this further or need additional documentation from me to remedy your error, please follow up in writing to the email of record -- I will not accept phone calls from you in relation to this matter.

I am sending this notice via registered mail so that I can verify date of delivery, but would also appreciate a follow-up email from you to confirm receipt and your intention to pursue the corrective actions outlined above.

Sincerely,
Dhiana