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Student Loan Debt

Update: 1/5/11 see updates here for the past few months and continuing months on Student Loan Debt and the rest of the story.

Update: 11/12/10 A few questions have been answered with the new packet of documents that I received from Ed. Depart 10/18/10
  • A question that has bothered me is: Where exactly and Why did the "separation date" of 3/30/88 come about, since it was not mentioned in any of the other status change or other documents that referenced LDA?  It was pointed out to me the other evening while examining these documents.  IT HAD to be AFTER I had supposedly received all of the disbursements. The Muir Check Request Fax shows a "date paid of March 29, 1988" with a cut/pasted signature that is suppose to be mine.  SO, Sallie Mae had to submit this claim package with a separation date AFTER March 29, 1988.  From what I have read they are NOT allowed to disburse loan proceeds after a student has quit/withdrawn/graduated. I quit in Dec. 1987 after Muir Tech. failed to find a replacement instructor for my class. About three weeks of tuition earned!
  • This "separation date" on Claim Reimbursement, Claim Package 7/17/90, Muir Check Request fax, and associated documents are all fraudulent and a conspiracy to conceal, cover them up ever since!
  • SO where exactly doe Depart. of Ed get their "authority" over me and this debt, IF there should even be a debt? Certainly NOT with fraudulent documents that even counterdict themselves.  REMEMBER all of these documents came from the FILES of Sallie Mae and Depart. of ED, where they have had them the entire 22 years that they have harassed me and ruined my life.

UPDATE: 10/20/2010 This was the first/old Index and has been updated with new information that is further proof of my first statements on this page.
See:Menu on Right for new "PROOF that I don't owe this debt" Claim package Pages show grace period of 2/1/88 and 3/1/88 with first delinquent repayment date of July 15, 1988 (5-17 days delinquent)... That only works with MY claim of LDA as Dec. 1987, NOT Sallie Mae, Depart. of ED's claim of March 30, 1988!

The new additions will be highlighted in RED and the Red Bar on the right side of this page, will have the new documents that I reference.

Open Letter to U.S. Dept. of Education, NCO Financial, Sallie Mae, and any/all other parties involved. This happened on YOUR SHIFT, you are responsible.

Subject: Defaulted Student Loan

I have chosen this manner in which to distribute this "proof that I don't owe this debt" because all the other means that I have tried, all of the letters, phone calls and investigations have failed . The investigations were pretty funny in a way, they were kind of like having the foxes investigate the disappearance of all the chickens, LOL. IT would appear that reaching out to one person at a time asking for their help with solving this, has been a gross waste of everything, especially my time.


Their favorite thing to say is "I can take 6 weeks, 3 months, 6 months, to decide this" Believe you me, that they will take every last minute of it, plus some, but MY QUESTION to them is: Just because you can take every last minute, does it mean that you really should?

As that old saying goes "two heads are better than one" and so shall it be, there will be far more heads involved, than just one, this time. 

My financial status does NOT allow for anymore wasted paper, ink, postage or long distance calls. Nor does my life allow for anymore wasted time, these 6 wks, 3 mos., etc turn into YEARS wasted.
 

July 26, 2010

  Attention: Office of Inspector General, U.S. Department of Education, NCO Financial, Sallie Mae (it happened on YOUR SHIFT!) and any/all parties that were a party to this, that covered it up, swept it under the rug, allowed it to happen and allowed it to continue.

Debt Id: G1999305051574901

To whom it may concern:

I have attempted to go through the PROPER channels of disputing this student loan, as outlined by you, since 1988,  (22 years!). My last attempt was with C. R. from the Ombudsman Office (page). After over 8 weeks of her investigating my claim (May 7, 2010 through July 16, 2010), and my supplying numerous documents  to counter ED Departments claim, she still sided with them in her "informal resolution" and said “......This decision was based on the loan period and the date you withdrew from school. The loan period was Nov. 9, 1987 to May 13, 1988, and the withdrawal date was March 30, 1988. Therefore, you attended at least 60% of the time and no refund was due from the school.”


Claim Package shows

  • P. 3 on Red Bar that shows: 2/1/88 GRCE and 3/1/88 GRCE (which was entered by Educaid/HEAF before Sallie Mae got this debt on April 5, 1988). 2 GRACE PERIODS before March 30, 1988!
  • Page 8 on Red Bar Menu
    • 6/25/88 Disclosure Statement
      • This was suppose to have been given to me before the loan was disbursed, so why were they sending it in June 1988... It should have been dated back in Nov. 1987 when I supposedly got the Loan!
    •  7/15/88 1st DELQ Notice 5-17 DYS
  • This shows that I was already Delinquent on July 15, 1988. Which means that my "six months grace period" had expired and I was 5-17 days past the 1st payment due date.
    • My payment would have been due July 1, 1988 according to this. Grace periods #1-1st of Jan.,#2- 1st of Feb,#3- 1st of Mar.,#4- 1st of Apr.,#5- 1st of May, #6- 1st of June.  1st payment due July 1, 1988.
    • Which would mean that my "grace period" started after I quit in Dec. 1987 for the July 1, 1988 due date to be accurate. See Grace Period definition cutout "The grace period is SIX MONTHS long beginning the month AFTER the borrower leaves school.....
    • ALSO NOTE on Claim PKG p. 8  the 06/23/88 date where it says "LTR FRM MUIR B / LDA of 030288, B in PLUS LOAN"
    • (Letter from Muir Borrower / LDA of 030288, Borrower in PLUS LOAN.)
    • MUIR was still attempting to "ERASE" all the prior computer records of when I actually quit and get more money. BUT they still showed up as the time that they were logged in!

See LDA Dispute Shows HEAF/EDUCAID status changes 7 of which all show that I was NOT attending Muir Tech, in Jan 1988 and Feb. 1988!

There appears to be a constant lack of understanding about what a LDA (Last Date of Attendance) is, Withdrawal date and Drop date. The LDA is the very last day that a persons butt was sitting in the classroom! The withdrawal date is the date after that when they called to quit, signed the paperwork, etc., the drop date is when they just didn't ever show back up and do anything. THE LDA and withdrawal dates pertain to me. My enrollment agreement clearly states the refund procedure and what each term is....CAN'T THESE people even READ? Or is it a deliberate confusing of the terms?

I have highlighted the above because this is in direct counter diction to my original copy of the Enrollment Agreement Muir Technical College, San Marcos, Ca. that I signed/dated with MUIR the day I applied to attend. It clearly states that the "official date of withdrawal will be as of the last date of attendance", note any supposedly "Withdrew from school date"! That is discussed further below in greater detail. It does NOT say, that when I finally manage to get less pissed off, and go in to sign any final paperwork will be the date that is used as my "WITHDRAWAL DATE".  IT SAYS LAST DAY OF ATTENDANCE, last day my butt was sitting at a desk, in class in attendance.

To help Ms C.R. with her investigation and to better understand this, I uploaded all the pertinent documents that I had collected, up to that time, and recently received from DOE, to my Picasa website, where I had a previous album with a few documents that I received in June of 2009 from DOE and the original copy of my Enrollment Agreement Muir Technical College, San Marcos, Ca.

I received 22 more documents from Sallie Mae in a PDF file, password protected, on June 8, 2010,  I also sent some to Ms C.R. that showed the correspondence between Muir, Higher Education Assistance Foundation (HEAF) and the Lender (Trans World Insurance Company AKA EDUCAID) regarding my LDA as being in Jan. 1988. Ms C.R. said she was unable to read them and would add them to my file, well they are included here so lets see how hard they are to read. It is true that the "'important looking ones” have been "Blacked out" to the point that its real hard to read them, but my point is: My name and SS# would NOT have been on them in JAN. 1988, IF I was still attending class. THEY only  deal with status changes that occur after a student has left school!

I also sent a copy of this Muir Enrollment Agreement to Ms. C.R., after she had complained that she could not download the documents from the Picasa site, I was not aware of that, so I further accommodated her with more of my TIME and sent her the documents by email!

Her letter goes on to read:

“A copy of the promissory note for the loan you received to attend Muir Technical College, is enclosed. Because the Department holds the promissory note and other records supporting the existence of this debt, you have the burden to prove that the debt is not owed”. The same document that is CLAIMED to be the promissory note is on a webpage here. I have highlighted the “promissory note” referenced above because it is an APPLICATION for Guaranteed Student Loan/Promissory Note that appears to have been altered or badly written, since it is impossible to perform under it, as it directs to do, as it is written. More on that below.

Prior to the Ombudsman, I disputed a denied “unpaid tuition discharge”, which was again denied by department of Education.

Prior to that I filed for a “unpaid tuition discharge” it took over 8 months and my calling them for their reply, before that was also denied. ALL of these documents reference the same “promissory note and it being signed” and the same over "60% attendance".

Repeatedly I have requested a signed copy of the Promissory Note and a copy of a endorsed/canceled check signed by me, made out from the Lender, Trans world Insurance Company. I have repeatedly been sent a copy of the Guaranteed Student Loan (GSL) Application/Promissory Note (as attached above) and finally from Sallie Mae a illegible check stamped NOT NEGOTIABLE, the amount, date, signature are all unreadable.

HAVE YOU A BETTER COPY of this check, Department of ED.? I would appreciate at least seeing that I received this LOAN, signed for it and actually cashed the check, I would imagine that would be the first step and question. Did I even RECEIVE THIS LOAN? OH, BTW, if you are claiming your supposedly promissory note is the legal document, then I will actually need a copy of TWO checks, one for $1312.00 and the other for $1313.00 as stipulated in that "BINDING" contract the claimed "promissory note", one with a disbursement date on 11/18/87 and the other on 12/18/87 (during Xmas break!).

10/18/10 Department of ED DID send me a more legible copy of the CHECK with the last documents after claiming that they didn't have it!... Very interesting questions arise. I guess my stating that Sallie Mae had already sent a copy most have moved them. LOL

  • There is a date/stamp (6 Nov 25) that clearly shows through from the back (reversed/upside down).... SO, Department of ED had to have HAD this check in 2006 for that stamp to be on it! SO, WHY if it is a LEGALLY CASHED/ENDORSED CHECK will they NOT send me a copy of the front and back???
  • THE date/stamp show through very clearly but THERE ARE NOT ANY signatures that also show through, it was made out to ME and Muir Tech, we both had to sign it.  MY signature was very large and bold during that timeframe and would have easily shown through....
  • The Letter that accompanied these 40 documents also stated, among other things, "our position has not changed".  Loyal GOV. Employees, going to take the GOV. down with them...LOL

Now I finally find out that during this entire 22 year period of time there was a REAL Guaranteed Student Loan Promissory Note, that was UNSIGNED/UNDATED by ANYONE, made out with Trans world Insurance Company as the Lender, it shows the actual amount of the loan approved, (not requested), repayment information, etc.  there are only two signature lines on this REAL Promissory Note, Borrower and Endorser, I will discuss this point further along in my “proving I don't owe this debt”. There was a copy of this REAL Promissory Note in both the files of Sallie Mae and Ed. Department for over 22 years, I was just recently sent a copy by both of them of this document, WHY would both of them keep an unsigned/undated piece of paper for 22 years? I will discuss later WHY there would have to be a unsigned/undated promissory note in both of their files.

I have contacted Sallie Mae as well as the Department of Education and repeatedly ask (for 22 years) for documents to support their claim. These documents have been denied me until a little over a year ago, when finally I received some. I've requested that ALL documents with my name and social security number be sent to me. I have finally gathered enough that I can clearly see where the “clerical errors” occurred. It is next to impossible to “prove” that you don't owe something, when they won't give you “their proof that you do” to dispute.

Question: How can a person PROVE that they did NOT buy a $3,000.00 car 22 years ago, when the person claiming that they did, will NOT give them the paperwork? Same here!

 Ms. C.R. From the Ombudsman office, was so kind to point out to me the abbreviated “warning” on the Statement of Financial Status that she enclosed. After reading the code, in its entirety, I believe that there is quite a bit that will apply to my problem.

Since there is NOT a statue of limitations on this student loan, then I would suggest that there not be any statue of limitations that apply on violations of 18 U.S.C. 1001 (copy attached) (I've highlighted the parts that I consider to apply to the OTHERS in this little drama, as well). Although my understanding is that the "holder rule" was temporarily removed from these "trade schools" for a short period of time and mine falls within that period of time, where I can't claim I don't owe this due to FRAUD by the school...where is my "equal protection under the law"?

 Regardless, it does NOT say anything about a continuing fraud, cover up, falsifying of documents, etc.. AFTER they left the school, nor by the lender, guarantor or even ED Depart. and its sub contractors. So that is the group of people I reference here that violations MIGHT apply to.  The school was LEGALLY allowed to RAPE its students and they could NOT do anything, unless it closed within 6 months of their quitting....WHAT about 6 months from when the complaints came in, the investigations started? HUM When was the FIRST complaint, investigation started? Want to answer that Ed Department?  Also, noticed you filed for your $3M. at Muirs bankruptcy, how does that work, we can't use bankruptcy, but you can? Didn't happen to find my check in among all of those checks that the judge ordered released that were NOT SIGNED, did you? Might be worth a look, since it appears that NO ONE can find the original one!

 Ms C.R. also included directions to the website, under “Administrative Wage Garnishment” to find my poverty level. I'm WELL below the poverty level, as well as household poverty level, as it has been my entire life, especially the past 22 years, THANK YOU! Sure glad to find that OUT! To think that I really did believe that this office was there to help and how foolishly I anxiously awaited her decision, I had been forewarned but I gave her the benefit of the doubt. Just 8 plus more weeks of my life wasted on these people! BTW don't hold your breath on getting all the "financial information" back, I've trusted you people with far too much of my life already, THANK YOU!

The “other document” that I'm lead to believe is the “KEY” to Ed. Departments claim is the Lenders Request for claim Reimbursement. Received by HEAF Aug. 24, 1990, signed by W. C., Claims Analyst on 8/16/90. This doc states that my separation from school was 3-30-88 . NOTE: the use of the term “separation” versus LDA, as stated on my enrollment agreement!

Since this appears to be one of the MAJOR keys to their claim (over 60% attendance), I will address it and its flaws first by referencing the first original document that I agreed to and signed, Enrollment Agreement Muir Technical College, San Marcos, Ca..

I've attached front/back of my carbon copy of the original enrollment agreement signed/dated by me, with Muir Technical College. It clearly (although faded with age) states the total program cost $6740.00, tuition $5520.00, refund policy and other pertinent information as will be discussed by me.

It clearly states on the front that “I understand.... and that if I withdraw after acceptance refunds shall be issued according to the refund policy outlined on the reverse of this agreement. I understand that I may withdraw at any time for any reason by notifying the college and that the official date of withdrawal will be as of the last date of attendance. “

The back of this same document again states part of the refund policy. Item #5 in part. “A student terminating trainingafter one week but within the first 25% of the course, the tuition charges made by the school to the student shall be 25% of the contract price plus $150.00..............A student terminating training after 50% of the course, or more, there will be NO REFUND and the student will be charged for 100% of the enrollment.”

NOTE: The 50% and NO refund part, it comes into play later when in MARCH, 1988, there are documents that clearly show that: I was not attending, because they were already discussing refunds and indeed did refund the $4,000.00 SL loan back...OVER 50% refunded. Which clearly puts me into the 25% completion category.

Item #10. “Course completion percentage is calculated by dividing days in school including absences prior to the termination date by the length of course expressed in days. Refund will be computed by last day of attendance.”  Last day of attendance again!

Item #11. "School agrees that if course(s) is subject to postponement and School cannot within 60 days of starting date, Student will receive 100% refund of tuition and incidental fees, within 15 days of postponement period."

NOTE: The course became subject to postponement when the IBM Technician Instructor quit over Thanksgiving Holiday break (within the 60 days of starting date). I quit at that time, but they offered me a "leave of absences" until they could find a replacement. They NEVER, to my knowledge found a replacement! IF ED Department should have ANY documents that state otherwise I would gladly like to see them! A IBM Tech. Training Instructor, there are some things that a person has to KNOW how to do, before they can presume to teach others! OR, the Student is PAYING for educating the teacher!

My points:

      1. My last day of actual attendance (LDA) was November 25, 1987 a total of 10 actual days of training as a Computer Tech.. Because over the Thanksgiving holiday, the after 20 years, retired from IBM as Computer Technician, instructor quit. We were told he returned to IBM. MY tuition would have STOPPED at this point, I was not getting the training, instruction that I signed up for, nor with the person that I was introduced to as "Will be your instructor, if you sign up" prior to my enrollment.

        When class resumed on November 30, 1987 there was a fellow student that sat at the teachers desk in the front of the room, this condition persisted for a few days, until I went to the office and complained and quit. I was ASK to accommodate THEM by taking a “authorized leave of absence” until they could remedy the situation. The leave extended thru the winter break.

        In Jan. 1988 when there still was NOT a IBM Computer Technician instructor, I quit, again. My contention is that my agreement with MUIR was breached when they failed to provide the IBM Computer Technician instructor that I was being charged tuition for. Even after I gave them more then ample time to do so, so therefore Item #11 applies, it was POSTPONED beyond 60 days! So, WHERE IS MY MONEY?

        At their request I returned in Jan. 1988 to find a man that it was quite evident had not EVER taught anything, let alone IBM Computer Technician courses. Does ED Department have any kind of teaching certificate on him?

        EXAMPLE: First day he hands us a quiz that he took out of the teachers edition of his book, the quiz was not related to anything we had been studying up to that time, we answered the questions as best we could. Next day, he returns the quiz to us with answers that were right, but he had marked them wrong! Several of us questioned why they were marked wrong, he said that it made sense to him! I ask him what did his answer key say? He ask me what was an answer key! I showed him where it was and how to use it. He collected the quizzes and threw them into the trash, at which point I ask him wasn't he going to regrade them and he stated "no".  I then ask him "what are our grades for this class going to be based on then?" He did NOT reply. He told us to open our books and read another chapter, NO instruction on parts, components, etc..

        The next day when I pulled into the parking lot, he had the class beside his car, telling them to pull out the computer board because his electronic fuel pump (that he had just had installed) wasn't working again. I suggested he first check the wire on the pump, and it was indeed unplugged. I didn't even go to class, but straight to the office and quit again, I could not afford over $50.00+ tuition, plus child care, per day for that.

        Once again they suggested a solution, change my schedule to evening class, which I agreed to, although it would mean giving up my evening job of cleaning office buildings, that had helped support my daughter and myself. I truly wanted to get the education I was paying for, the better job and a better situation for my 2 year old daughter and myself.

        Question: Is a hairstylist QUALIFIED to teach a diesel mechanics class? If the course was a book/lecture type only and NOT hands on, tear down, replace and repair type course, then I would think any one that could say “open your books” would be qualified, but NOT for a hands on training program, experience is the only teacher of that, having done it themselves.

        The evening instructor was a MAC programmer, wearing heavy silver and turquoise jewelry, lots of sparks if would have ever gotten inside of a computer, his major course of instruction was on HOW much better a Mac computer was versus an IBM. Any work on circuit boards, components, etc was again done by a fellow student. After tolerating continuous flirting with me, I stated to him “I'm afraid that I am NOT learning what I need to know to repair an expensive, IBM computer” He said “ Don't worry, everyone passes”. I then stated “Ya, but will I know anything”.

        I quit the final time the week of Jan. 15th , 1988, on that Saturday the MAC instructor came to my house to ask me OUT! I declined and told him that under NO circumstances would I be returning to MUIR Technical College, I called the office Monday morning and told them the same thing. I know this for a fact because my ex went to MUIR to ask me out on the evening (after class) of his birthday (Jan. 22) and he was told that I had already quit, so he came to the house that I shared with my mother and it really ticked her off! She never did like him!

        When I called Monday morning,  I was told that I had to fill out a withdrawal form (or be charged for NOT doing so) I said that I would get there when I could. 

        I don't know the exact date that I finally did go and formally withdraw, I do recall that I had to take my daughter with me, I filled out the withdrawal form with the actual reasons for my quitting, no instructor, hardship caused by having to change classes, loss of work, teacher asking me out. I signed it and gave it to the office girl (Susan?) she took it down the hall, spoke with the manager, returned and told me that it was unacceptable, I would have to change it to read "personal" before they would accept it.  She filled another one out and I signed it or they were going to "charge me".  When we were leaving the "manager" walked by us and said "OH, see you are going to have another high school grad there" while looking at my daughter, I looked at him and said "If you are an example of a higher education, I won't even allow her to start kindergarten" and walked out.  I do NOT know what they did with those withdrawal pieces of paper, but I have not ever seen either of them within the files that were sent to me.

        To prove this Jan. 1988 LDA I have received several references to it from Sallie Mae. There are several notification that were sent by Muir to HEAF all indicating Jan. 1988 as my LDA (copies attached 1, ). Also a problem followup that again states Jan. 1988 as LDA. As we progress thru my “proving I don't owe this debt” narrative, you will see how this date, gains a day or two here and there and finally blooms into the absolute date of March 30, 1988.

        Even if I should morally, legally, justly owe anything for the hardship all of this placed upon me, it would NOT be the amount demanded by them, it should not be over 25% of the program cost. I have NOT found this amount on any of the associated documents, ever! FAIRLY I would consider 3 weeks of the tuition cost, 25% of books, supplies and registration fee or about $700-$800.00 dollars, which MUIR already received over that in payments, when they took my Pell Grant. NONE of this was the fault of mine. I really did try!

      2. Now a look at the APPLICATION/PROMISSORY NOTE. The problems with the “application/promissory note” (attached above) that is claimed to be signed and claimed as proof of this debt by Ed Depart., (the first question that comes to mind) is:

        Was there even such a form as this that was being used in 1987? All references that I can find state that a “common application/promissory note” did NOT even come about until the early 1990's. Since this would be the first major question, perhaps you have more information on this form used by HEAF. I would greatly appreciate a readable copy of a blank one front/back, or even one that has the borrower's information cutout. I ask because the form itself is a direct contradiction of its purpose. The instructions that are contained within it, are impossible to fulfill in the manner indicated.

        Example: Item #12. Amount REQUESTED. It does NOT say amount loaned, approved, or any other language to suggest that this is more than a REQUEST for money. Whereas a REAL Promissory NOTE does contain that language. Amount Loaned, Received, etc.

        Section between Item #23 and #24 NOTICE TO BORROWER: In part reads “.........to the extent that it is advanced to me............(a legible copy of those checks front/back would solve this one) ….I am entitled to a copy of this Promissory Note. By signing this Promissory Note I acknowledge that I have received an exact copy of it.” This last part is what is impossible to accomplish with this form. I could NOT receive an EXACT copy of it when I signed it, because the bottom portion had NOT been filled out yet, and the bottom part would NOT have been filled out IF I refused to sign it, because I would NOT have been requesting a loan! Also, in the small space between item #23 and #24 “promissory NOTE” is used 7 times, kind of overkill on that one, unless someone was trying to convince others that an APPLICATION had become a PROMISSORY NOTE! HUM

        IN fact IF the middle section were removed and the upper right hand corner the /PROMISSORY NOTE part were removed, there would NOT be any doubt, this would be just a GSL APPLICATION. Which btw both parts could have just as easily been "pasted in"...HUM, I don't see any other reference to a "Promissory note" any where else on it. In fact Item #57 substantiates this. Why would it want PROMISSORY NOTE STATUS, when the same form was either signed or NOT?

        IF the bottom portion Section B had been filed out as it is on the form now, I would have refused to sign it! I was NOT working, I did NOT have any family to contribute anything, AND I had a adjusted Gross income of HOW MUCH? 0. That entire section as filled out is a falsehood that I would NOT have been a party too, nor would I have signed it with this information on it. I don't recall EVER receiving a copy of this from MUIR.

        If this were to be deemed a “promissory note” exactly which amount would I owe under it? The requested amount? Or item #36. Estimated Financial Aid for Loan Period $2100.00. Also, the other two persons that signed/dated the bottom portion, are they the Lenders that I have to pay the requested amount back to? How do I pay them one lump sum? Or divide it among them? OR are they the Co-signers on this “promissory note” are they also responsible as indicated in the middle section as Co borrower's? Since their signatures are on there also.

        This alleged “promissory note” also lists two disbursement dates and amounts, so therefore there should have been two checks that were issued and signed/cashed by me, so where are they? If that part wasn't fulfilled by the LENDER, would it be a breach of this promissory note and make it null and void? Since the lender did NOT fulfill his part of the agreement?

UPDATE 10/23/10 AN interesting thing about the disbursement DATES and Trans World Insurance Co. is that THEY claimed to disburse the SLS on Nov 17, 1987.  YET on March 25, 1988 MUIR sent a Check Request Fax asking for the SLS $3,886.87 (after FEES) check.  I was charged INTEREST from Nov. 17, 1987 ($157.00) for a check/money that was not given to me or MUIR until March 29, 1988 and REFUNDED back by MUIR to Trans World Insurance Co. on April 14, 1988. The loan was MADE for less than two weeks!  For over 4 months (Nov. 17, 1987-March 29, 1988) they kept that money and collected interest by loaning it to someone else, while charging me interest also....They MADE DOUBLE INTEREST on that same money!!!!
      1. There are only a few more problems as I see them with this being a “promissory note” besides the above, its the wrong school and wrong school address, just another little mistake on a legal document that would be binding on both parties. Was I suppose to drive all the way to San Diego to attend class, when I enrolled in San Marcos?

        Also note: Lower bottom left corner Section D To be completed by HEAF. IF this were a PROMISSORY NOTE, then why would item #57 state PROMISSORY NOTE STATUS? IF this were the promissory note, wouldn't the status be apparent? It is either signed or not! NOTICE THAT this box is NOT marked “as the PROMISSORY NOTE being signed”.

         

      2. The next “proof that I don't owe this” is Ed Departments most precious document, the one that ties it all together. The “you went over 60% and owe it all” document, I lovingly nicknamed it the “C.C.E.A.C.” (Critical Clerical Error Attempted Correction) document or “Lenders Request For Claim Reimbursement”.

        This document has the following problems:

        Section A: I moved over 700 miles from this address in 1988, in June 1988 Muir sent a change of status report to Sallie Mae, stating my new address. Additional moves were documented by correspondence with Sallie Mae at Loan Servicing Center/Kansas (ring a bell? All the investigating of this company by Sallie Mae and others in the early 1990's, did department of Ed also investigate them? ) So, why would this address even be on this form, when it was certainly not my MOST RECENT?

        Section B: Item #17. Date of Lender Notification of Early Withdrawal. I have and (have attached) several correspondences between the Lender and Muir regarding my early withdrawal. This being marked N/A is “another error”. As all of these documents were available, I got them from Sallie MAE!

        Item #18. Date of Borrower's separation from school. 3-30-88 with a check mark and faint 5/13/88 beside it. I discussed the actual LDA above and reasons for it. Even with the other documents that fudge it up to 3/7/88. I can not imagine where this date came from. Does the Department of Education happen to have a document that states I was attending class on 3/29/88? If so, they have been deliberately withholding it from me, so, ED Department please send me a copy, I would dearly love to see it! UPDATE 10/23/10 SEE LDA DISPUTE  WEBPAGE

      3. Section C: Original amount of disbursement 2625.00. What happened to my refund? The president signed a thing that we were to receive a refund on fees. Oh, just another little error.

      4. NOW how did there come to be a Application for a GSL (that was CLAIMED to be a promissory note) and an unsigned/undated real GSL Promissory Note, both stamped on the back as BEING THE PROMISSORY NOTE, signed and dated.

        Look at the very right section that says: “All claims must include the following documents." MUST is the key word here. Whether they are signed/legal or not they MUST be included in claim!

        "Original Promissory Note Properly Assigned “(see original Guaranteed Student Loan Promissory Note, unsigned/undated on front, properly assigned on back by the "AFFIX TO BACK OF PROMISSORY NOTE" stamp).

        Student Loan Application. SEE TWO DOCUMENTS MUST BE INCLUDED! a Promissory NOTE and a Student Loan Application were required to be submit with this form to collect on the guarantee. NOT just one or the same, but two! IF this requirement had NOT been there, I honestly believe that the original real GSL unsigned/undated Promissory Note would have been LOST/Destroyed long ago. Its only value was that IT WAS/IS the GSL Promissory NOTE, that states the terms of the loan, one lender, with only a borrower and co-signer sign/date it.

        I didn't sign it because I didn't get the money! I was already gone or going at the time this loan would have been being disbursed if IT EVER WAS. So show me the checks!  UPDATE 10/23/10 HERE IS the CHECK

        Other Proof, when W. C. stated the LDA, etc. she did not seem to be aware that DURING the month of March, 1988, Muir, the lender and HEAF were already discussing my LDA as Jan. 1988 and the amount of money to be REFUNDED, because I did NOT attend over 50%. So my question would be, why would they be doing this if, as W. C. Claimed I was still in school until 3/30/88 and attended over 60%?

         

      5. Repayment Obligation. I received two copies of this document, the one from Ed Department is NOT signed/dated, and the one from Sallie Mae is signed/dated supposedly by me, BUT I really suspect that I did not sign it, since it is MY COPY and the original is NOT signed that is the Lender copy! HUM, more mystery. Good ole Sallie Mae gets the job done, one way or another!    But then my "signature also appeared on the Check Request Fax of March 2 - April 14, 1998 on the very left bottom... but most of it wasn't there! Cut and paste! I had moved over 700 miles away when I supposedly signed that one! But my withdrawal form that I did sign has NEVER shown up anywhere!

I do have far more documents and comments should you feel the need for either. Now to put some of the pieces together:  You may view the documents on the slideshow above or use the menu bar with descriptions of each. Comments will just flow on their own LOL.

Muir Technical College, San Marcos, Ca. Ring any bells? I never really figured out whether the US Attorney won this case or not! I'm sure that a search of court records from about 1988 onward would reveal quite a few investigations, charges and trials with all the key players in this little drama. I came up with the following and a few more quite quickly. There was also investigations by States, Accreditation agencies, and a bankruptcy in 1989.

BTW J.S. that is accused/tried in the following case, signed one of my documents. Case Summary 3:94-cr-00218-E USA v. Muir Technical Colle, et al Date filed: 02/22/1994 Date terminated: 02/05/1996 Date of last filing: 02/05/1996 Muir Technical College, Inc. (1) Office: San Diego Filed: 02/22/1994 County: San Diego Terminated: 04/10/1995. Of course, since the "holder rule" was suspended, I can't do anything about that! I have added some of the cases,  to the “reading room” link on the menu bar. It also will contain a list of all documents referenced here and others that are part of my growing collection.

There are also multiple newspaper articles about Muir and 200 students filing class action against them, Instructors testifying against them, etc. these are also in the “reading room”.

So, was MUIR a reputable school that could be trusted to NOT alter, change, falsify, fudge on documents, if it meant more money for them? Can you honestly answer Yes Ed. Department, that they were reputable and would NOT do that? After all it was ED Department that investigated/tried them!

Court room scenario: Ed Department vigorously defends Muir for the defense as a reputable school that would NOT falsify documents, alter them. Then Ed Department provides testimony and court records to prove it didn't waste taxpayers money when it prosecuted Muir... Which is it good school/bad school?

      1. I'm also attaching the “request for check” fax dated March 2, 1988, that has clearly been cut/pasted three times. This document also shows that MUIR collected over $7,000.00+ (well over the agreed upon contract price/program cost) which would have more than paid them for anything I could have possibly owed them. (document attached)

      2. Now Good ole Sallie Mae, (10/18/10 UPDATE: SHOWED UP 4/5/88, according to Claim PKG readout.)  I really don't know how/when she showed up in this, since my loan was with Trans world Insurance Co. IF INDEED I SHOULD OWE anyone. But what about all those investigations going on especially at Loan Servicing Center/Kansas, the SAME TIME that this C.C.E.A.C. was all going on. For the new comers that don't recall all the excitement of the 1990's and Student Loan investigations. I've included some of the links in the “reading room”.

      3. Does the Ed Department Still want to claim my loan papers were in a “Safe, honest, reputable place?” When the document that came from there has already been shown to be full of LARGE HOLES.

        Now to HEAF, whoops went out of business, no help there. Would have been nice to been able to get what documents that they might have had to shed some light on this.

        Summation: I do not owe this debt in the amount claimed, nor the amount ever claimed. I will NOT ask for “forgiveness” of this loan, because it is MY forgiveness that should be sought. I have tried to overlook this and write it off as “clerical error” and someone covering their behind in order to keep their jobs. But there has to be an end to it. Based upon the proof as outlined above, I have taken the following steps to resolve this matter once and for all.

        I'm sending a “Demand for refund of overpaid funds collected thru IRS Federal Tax offset” plus accrued compounded interest at the same rate that was charged me, to NCO and ED Department. The deadline is September 1, 2010, at which time IF the total refund is not in hand and a legal PAID IN FULL declaration, that relieves me, my heirs, estate and anyone associated with me, of ANY further obligation whatsoever under this asinine absurdity, I will file for Judgment against the above and seek actual, punitive and any other damages I can get to go with my refund. Since I'm NOT an attorney, I will have those attorney charges added as well.

        I can NOT afford to let this slide, my grand babies might want to go to college someday, I would turn over in my grave and scream for an eternity, if they were forced to endure the same that I have. Its on my shift and its my job to stop these kinds of “clerical errors” and I will.

        I hope that the Inspector General does decide to investigate once again, they might add the investigators to their list of those to investigate, since it would appear that I have investigators, investigating the other investigators that investigated it in the first place... 22 years of investigation is 20 to many.

Updated 11/12/10

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Other things I have been trying to do since 1990's, but between Depart. of Ed, Sallie Mae and MADD, I did the work but didn't get the PAY!!! I think that I had the potential to make some money, improve my life, follow my passion for computers, but the mighty GOV. GODS were against me... So, here I sit... IF I would have made any money, they would have taken it, as they are doing now. It was FRAUD to start with, and has not changed, with exception of the conspiring to cover it up...I REFUSE to support this FRAUD in any way...I would rather die penniless than willingly allow them to get one more red cent from me... SO, enjoy, its all FREE.... I don't sell anything.

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