PETITION TO COMPEL FAIR STUDENT LOAN SERVICING STANDARDS
This petition is intended to expose and put an end to certain predatory policies/practices by the servicer of thousands of educational loans in the United States. I ask that you read it carefully, sign it, and forward it to all of your friends as soon as possible to protect the thousands of borrowers currently being subjected to the disenfranchising practices described below so that we can put an end to the victimization of American student loan borrowers.
Several months ago, Acapita Education Finance Corporation (“ACAPITA”), the lender for thousands of federally guaranteed student loans, transferred the servicing responsibility of thousands of the student loans owned by ACAPITA from Affiliated Computer Services, Inc. ("ACS") to Brazos Loan Servicing, Inc. ("BRAZOS"). ACAPITA made this change in student loan servicers without advance notice to its borrowers or granting its borrowers an opportunity to object to this change.
While BRAZOS claims to have loan servicing policies which comply with the letter of the law, BRAZOS's loan servicing policies are significantly different from those of ACS, and these differences serve to materially disadvantage and place enormous administrative, temporal and financial burdens on borrowers whose student loans are currently serviced by BRAZOS.
Some examples of the differences between ACS's loan servicing policies/practices and those of BRAZOS which serve to disadvantage borrowers include the following:
1. While ACS's student loan servicing system allows borrowers to schedule as many payments as borrowers desire on ACS’s website for up to a month into the future, BRAZOS's online payment system currently does not accept more than ONE monthly payment from a borrower per month for any loan currently in repayment. In order to make more than one instant payment in a month during a period that a borrower's loan is in repayment, BRAZOS requires the borrower to call BRAZOS's office in Texas during BRAZOS's business hours.
Hold times to reach BRAZOS representatives often easily exceed 30 minutes, and in the event that a borrower is finally able to reach a representative, the borrower must give a BRAZOS representative the borrower's bank account information ANEW EACH TIME he or she calls BRAZOS. This means that, including hold time, borrower identity verification and the repeated verbal transmission of bank account information over the phone, it can easily take over 45 minutes just to make a payment on a student loan after one has already made a payment online in any particular month. Consequently, a working borrower can easily spend almost his or her entire lunch hour just attempting to make an additional payment on his or her student loan, placing a material administrative burden on the borrower and rendering payments on loans serviced by BRAZOS (beyond one payment per month) harder to make.
Further, if a borrower is unable to get through to a BRAZOS representative and complete a payment transaction before 3pm on any business day, one more day of interest accrues on the borrower's account than would otherwise have been the case. This can amount to hundreds or thousands of dollars per year of unnecessary interest accumulation, depending on the borrower’s loan balance.
The effect of this policy/practice of limiting a borrower’s ability to make more than one payment online per month is to give a borrower with a loan serviced by Brazos which is currently in repayment a series of increasingly burdensome options to make more than one payment per month. Such options are basically limited to the following: (a) accruing temporal, postage and interest costs to physically send payment to BRAZOS via the United States Postal Service and wait for the USPS to deliver the payment to BRAZOS, helplessly allowing hundreds or potentially thousands of dollars per year in interest (depending on the size of the loan) to accrue on the borrower’s loan while payments are in transit; (b) incurring substantial accumulated costs to pay a courier service for expedited physical delivery of payment to BRAZOS, which, while not having the same effect as an instant payment, can still save hundreds or even thousands of dollars of in interest per year, depending on the size of the subject loan; or (c) experiencing stressful and burdensome telephone hold times which, combined with redundant conversations with customer service representatives (which can easily exceed 45 minutes per instance as noted above); or (d) waiting until the following month to make the next month’s payment, helplessly accruing hundreds or potentially thousands of dollars of unnecessary interest on such loans per year (depending on the size of the subject loans) in the process.
2. While ACS’s student loan servicing system allows borrowers to make instant payments online during periods of deferment and/or forbearance, BRAZOS’s loan servicing system currently does NOT allow borrowers with loans in deferment and/or forbearance serviced by BRAZOS to make instant payments online AT ALL. Consequently, a borrower in deferment or forbearance who desires to make an instant payment MUST call BRAZOS’s office to do so.
The effect of this policy is to give a borrower whose loans which are currently in deferment or forbearance and serviced by BRAZOS a series of increasingly burdensome options to make payments on such loans. Such options are limited to: (a) Accruing temporal, postage and interest costs to physically send payment to BRAZOS via the United States Postal Service and wait for the Postal Service to deliver the payment to BRAZOS, helplessly allowing hundreds or potentially thousands of dollars per year in interest to accrue on the borrower’s loan while payments are in transit, unless some portion of the borrower’s loans being serviced by BRAZOS are federally subsidized, in which case the interest on such subsidized loans is paid by the government while such loans while in deferment, but inter...