My credit just sits as is and goes no where. My right to life and liberty (5th amendment) violated. It was rather interesting researching what life and liberty means. Nelnet reports for DOE to credit bureau's. My student loans are unenforceable. Nelnet reports interest on these loans to my credit. My debt ratio is crazy due to these loans. My 523a8 case is stuck in limbo on appeal. No decision, nothing and almost a year. My borrowers defense filed Oct 2016 no response. Inquiries requesting records from DOE are ignored. They say they go in order and give you no time frame. DOE does not believe rules or deadlines apply to them. In Dieffenbacher case they are paying for the interest after a year. This should be uniform. To say I am quite frustrated with the whole system s an understatement. Would a case against Nelnet that these loans are unenforceable and they need to stop reporting to these loans be successful? They have no legal right on unenforceable loans.
You left out a key point, what is your basis for thinking your federally guaranteed student loans are unenforceable. There are only 3 ways such loans are deemed "legally" unenforceable: (1) discharged in bankruptcy as a result of a 523(a)(8) adversary proceeding, (2) forgiven by the Dept. of Education, (3) you win some sort of lawsuit that results in a judgement that discharges/forgives the loans.
Beyond that, it is not clear the issue. It seems like the issue is that your student loans continue to be reported on your credit report? Credit reporting is 100% controlled by FCRA and FACTA. I don't see any basis or viable argument whereby you can lasso in a 5th amendment claim on credit reporting issues. Your legal remedy on anything related to credit reporting is going to be limited to the remedies outlined in FCRA.
Note, this forum is not a debate forum. I understand you are frustrated and that you have been doing all kinds of reading. We do not have all the information, we only have what you wrote here. So, our perspective is very different than yours and our perspective would change with more information.
If you wish to add information, do so using the comments so others may benefit from your situation, DO NOT contact me directly (unless you want to pay a $269.00 consultation fee).
I take it you are asking if a Civil Rights Suit against a Student Loan Servicer would be successful. I don't understand what circumstance causes you to say your student loan unenforceable or if it is unenforceable pursuant to 11 USC 523 (A) (8). I don't think that a Civil Rights suit is likely to be a successful remedy against Nelnet. I do know that with the Brunner test it is difficult to discharge student loans in Bankruptcy. If the student loan if found to be enforceable an income based repayment plan is the best way to handle a student loan that a person cannot pay.
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