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Hi All,

This is my first post and I'm sorry if it's super long. I'm really hoping to get some guidance and info as everything i read and everyone i talk to tells me something different all the time.

A brief timeline so far:

2003-2008 - applied for federal and private student loans to get me through college

early 2010 - Chapter 7 bankruptcy

december 2010 - graduate from school (7 years)

2011 - got a job and my first contact with NES. my AES loan was given to them while my other AES loan stayed current as i paid. i was never notified of the loan NES now has. they call with very threatening messages and threats to sue and garnish wages and they always stressed things needed to be done right away. i never recorded any calls and i dont remember verbatim what was said. immediately setup a payment plan as i was scared of their threats and thought they were real. because it was unforseen, my plan is only $50 a month. no DV letters, no FDCPA research, nothing. just pay.

2012 - renew payment plan to $200 a month. begin establishing new credit with 2 unsecured credit cards.

jan 2013 - NES payment plan expires

currently - i've been really good with scrutinizing my credit report these days because of my BK and all that and i noticed something. regarding this loan:

Taken from MyFico:

Equifax:
Last Activity: Dec 2010
Status: Pays account as agreed
remarks: Student loan
Account closed due to inactivity

TransUnion:
Last Activity: May 2010
Status: Unrated
Remarks: Included in bankruptcy

Experian:
Last Activity: Not Available
Status: Account seriously past due date/account assigned to attorney, collection agency, or credit grantor's internal collection department
Remarks: none

Essentially, my question is: if EQ see's this as closed, TU sees included in BK, EX shows in collection, if i STOP PAYMENT permanently, will NES report to the big 3? can NES show up on my report? Can NES actually sue me and garnish my wages? what power do they actually have?

I have been paying them for the past 2 years and only this year have I started to get skeptical and do some research. What is the Statue of limitations on this account?

I have been working extremely hard to get my credit back in check. Currently i sit at:

EQ: 668
TU: 674
EX: 687

this is with a BK in Feb 2010.

Can anyone please provide me with some assistance, guidance, coaching, advice, ANYTHING on dealing with this account? What should my next steps be?

Thank you very much in advance!




The SOL period is only applicable for the private student loans, not the federal ones.

jan 2013 - NES payment plan expires

Are you making payments without a payment plan? How can you be sure that the account is really with them?





Sub: #1 posted on Wed, 01/15/2014 - 11:41

ditchdebt ditchdebt

(Posts: 577 | Credits: 243.94)

i believe this is a private student loan, NOT a federal loan. sorry, i should have specified that earlier.

for 2011 and 2012 i had a automatic debit payment plan with them. $50/ month in 2011 and $200/month in 2012.

i know they have it because the original lender told me over the phone.

currently i am trying to find out if somehow this debt was included in bankruptcy like how transunion is reporting. but thats a long shot because i am under the impression that student loans are not included in BK.

i also want to know why NES is not on my credit report under "collections" - normally wouldnt an account in collections be reported right away? I have no positive or negative reporting from them on either report. is it because i have been paying? will they report when i stop paying?

Sub: #2 posted on Wed, 01/15/2014 - 19:24

itsmegeroge itsmegeroge

(Posts: 3 | Credits: 0.51)

i just found my bankruptcy petition and this loan they are collecting on was included in the bankruptcy... does this mean i am not obligated to pay this loan? does the fact that i made payments on it change anything?

Sub: #3 posted on Wed, 01/15/2014 - 20:02

itsmegeroge itsmegeroge

(Posts: 3 | Credits: 0.51)

Unless you had an adversarial hearing and met the rules of the brunner test, your loans were not discharged. What you list on your petition is not necessesarily what is discharged...your discharge states "all dischargeable debts are discharged." Student loans are not discharable.

The bankrutpcy more than likely caused your private loan to default. Collection agencies as a general rule do not report to the CBR's and making payments on a default is not considered positive. FYI...your private loan will more than likely sue you prior to the SOL expiring....your base date for that would have been the date the loan was declared in default.

Sub: #4 posted on Fri, 01/17/2014 - 10:31

SOAPLADY SOAPLADY
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(Posts: 17209 | Credits: 4746.15)

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