Student loan: FDCPA vs. HEA of 1965
This is a discussion on Student loan: FDCPA vs. HEA of 1965 within the Debt Collection forum, part of the BANKRUPTCY & DEBT COLLECTIONS category; I have $16K student loan with the Texas Guaranteed Student Loan Corporation (TGSLC), and $34K with Direct Loans (DL/ED) the ...
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Join Date: Feb 2008
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I have $16K student loan with the Texas Guaranteed Student Loan Corporation (TGSLC), and $34K with Direct Loans (DL/ED) the administrative arm of the US Department of Education. TGSLC is a guarantor agent of the US Dept of Education. The TGSLC loan is in administrative wage garnishment(AWG). Due to the forced nature of AWG, un-proportionate amount of payments is applied to the TGSLC loan over the DL/ED loan. This is in violation of article 810 on Multiple Debts of the Fair Debt Collection Practices Act (FDCPA) which states: "If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumers directions". Questions: Does article 810 of FDCPA apply? Does FDCPA supercede the Higher Education Acts of 1965, the governing law on student loans? Do I have case against both the TGSLC and DL/ED. Please advise.
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