In November I setup a rehabilitation program for my AES/PHEAA student loan through the third part Windham Pro (www.windhampros.com). My payments of $75 were debited automatically each month.
September 19 I became concerned since they hadn't yet debited my account and I was expecting my "discharge" paperwork. I had been receiving their monthly "hey we took your money, thanks" letters.
When I contacted Windham Pro they (kayla & her supervisor Ms. Mcguire) advised that AES is refusing to honor any of the income sensitive rehabilitation program clients (per HEA that was a contract.) and that the clients will have to start a 2nd Rehabilitation program at a higher amount before AES/PHEAA will take them back. (also, against HEA Section 674.39 Loan Rehabilitation)
- they assigned my amount at $185 which is $65 above what my income limit allows based on my former salary (currently I have a 12 week old and I'm attending the local community college)
This sounded "off" to me. I discussed it with my husband who worked in Federal law enforcement for several years and holds a law degree. Per his advice I contacted the Department of Education's Ombudsman program and Sandra was assigned to my case. Her defense was that "due to the economy, many lenders aren't taking back their rehabilitated debtors". - This might be valid if my loan was not, in fact, a Federal Student Loan subject to H.E.A. (Higher Education Act)
According to my 3rd party lender it is up to AES to update my default status (per HEA it can actually fall upon the 3rd party) also according to Ms. Mcguire at Windham Professionals www.windhampros.com there are at least 16 other clients in the same mess.
As such, I have taken a collection of all of my written phone records, evidential documents and submitted a complaint to the Attorney General of Pennsylvania. If Windham Pros allegations are correct, that AES is trying to force 16 clients (or more) to take on a second rehabilitation program which is contrary to the Higher Education Act, then they are violating the law and ignorance is no excuse.
If AEs were to do adhere to the law, then "we" would be out of default. Until then, I'm going to continue my payments and my complaints. (I'm paying my bills, I have a right to complain.)
Rachel
San Antonio, Texas
U.S.A.
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