Turned over to collection when I wasn't late and now collection agency won't correspond with me

by Linette
(Minnesota)

I had a school loan through EdOp. There came a time about a year ago that I couldn't make the payments so I called them to find out what my options were. During that conversation, the man I spoke to told me that as long as I made some type of payment each month, they would not turn me over to collections. I have never missed a payment. This past November I received a notice from American Accounts and Advisors (AAA) telling me that my account has been placed in collections. I noticed the address on the letterhead was the same as EdOp so I Googled them. They are owned/operated by the same people. I tried to call AAA and didn't get a response so I called EdOp. EdOp informed me that, while I had never missed a payment, my account was turned over to collections because I owed over $2,000.00 in back payments. I asked why I never received a notice stating that fact and I never received an answer. I then wrote to AAA with a payment schedule- no answer so I wrote again- still no answer. In the meantime, they reported this to credit agencies, under the school name and not their own name or EdOp. I called the school to see if they could help, but after their inquiry, the only thing they could tell me is that the school is not allowed to report to credit agencies and they were not sure why they reported it that way and here is the phone number to AAA, speak with Brian. Finally, in desperation, 2 weeks ago I filed a complaint with the Better Business Bureau-upon completion of the complaint, the BBB said they would keep this on record but there wasn't anything further they could do.
I am wondering what my options are. Can I sue EdOp/AAA in conciliation court?

Thanks

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Aug 02, 2012
 Turned over to collection when I wasn't late and now collection agency won't correspond with me
by: Debtcollectionanswers.com

I am not sure that there is anything you can do other than get the loan paid off. It sounds like you do not argue about the amount of money you owe to EdOp or that you fell behind on your payments as spelled out in your loan agreement. I understand that someone with EdOp assured you that as long as you paid something on the loan each month you would not be sent to collections, but you did not get that assurance in writing and you continued to be behind on the loan and so EdOp had a right to turn the debt over to collections.

I am not sure why AAA has not responded to your letters, but I encourage you to send all future correspondence via certified mail with a return receipt requested. Make a copy of every letter that you write. Also, from what you have told me, it does not appear that AAA or EdOp violated any law and so you probably do not have grounds for a lawsuit. However, to be sure contact a consumer law attorney in your area who helps people resolve their debts. It's also possible that a letter to AAA on an attorney's letterhead will get AAA's attention and so the attorney may be more successful at working out a payment plan for you. However, AAA is not obligated to agree to a payment plan and as long as you are behind on the loan you are at risk for being sued for the money.

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