Dear Bob,
I think that I have a big problem on my hands. Let me give you a little background first. I took out student loans to go to college. I have been paying on them ever since. I have never missed a payment, always paid on time, and most of the time paid a little more. I received a letter from Wachovia yesterday (who bought my loan in 2007), saying that starting 11/28/08 instead of paying $95 a month I need to pay $1,035.55 for the next year to pay the loan off.
I called them and told them that I can’t pay that amount and inquired about my options. She told me that I had none. She said that they did a review and looking at my account, if I continue to pay $100 (which is what I chose to pay over the amount that was due), the note would not be paid off in time. I asked her why wasn’t I billed a higher amount 10 years ago then. This wasn’t supposed to be a balloon type note. It was supposed to be gradual. She said that there was nothing that she could do.
I have paid them over $13,000 since 1994.
Well, come to find out, the payment was supposed to go up gradually over time and that didn’t happen. So, Wachovia stuck it to her. As I said yesterday, banks are desperate for money.
Yet another bank changing the terms of a loan and not working with the consumer. It is pretty tough to handle that large of an increase in a loan payment. Let’s look at her options:
1) Her husband told her to tell them that she would settle the debt for $3,000. He told her to tell them that she would give her $3,000 and that is it and if they want to file a claim on the credit report they were more than welcome.
That wouldn’t be a real good idea because defaulting on student loans has very large consequences. It is one of the few loans were the creditor can garnish your wages to get their money. They would ruin your credit and still get the money at the same time. That is not a good option.
2) Do nothing at all on the grounds of it not being fair
Credit applications don’t have the word fair written in them. In fact, with most consumer-based loans, you give them the right to be unfair. They can change the terms and conditions at will.
3) Refinance the debt or pay it
That is the only good option. If your credit is still good, it is possible to accomplish that objective and that is just what she did.
She made two critical errors this loan, which had nothing to do with making the payments. First, she didn’t have any of the original paperwork. Chances are the bank didn’t have all of the details right and she probably could have disputed the details and maybe had the payment changed back.
Second, she didn’t fully understand her loan and failed to monitor it along the way. If your loan is more than just a fixed payment over a specified time period, then make sure you know when the payments are supposed to change and make sure that they do change.
Today, no one has the luxury of not paying attention. In desperate times, banks are doing desperate things. Raising a person’s payment from $95 to $1,000 when a payment has never been late is desperate.
Tags: balloon note, banks, Bob Brooks, credit, Deceptive Money, gradual note, loan, Prudent Money, Student Loan, Wachovia
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