My husband and I co-signed two student loans for our daughter in 2002 and 2004. My question is this: what connection, if any, does National Enterprise, National Collegiate Trust and where can I find the chain of ownership? Williams & Fudge is now (6 years after the last payment was made) demanding payment. I put our daughter in touch with the collection agency that called me in 2015 (?) and she paid off two loans which I believe are the same loans that Williams & Fudge are referring to. Another question is, if they cannot sue us for the money can they still report to the credit bureaus if they can’t provide the chain of transfer?
Dear Mary Louise,
Williams & Fudge is a collection agency. They can demand payment all they want, even if the debt is past the Statute of Limitations.
The loans sound very problematic and have a good chance of not being able to be proven to be valid given the underlying lenders.
They can absolutely report to the credit bureaus and you can absolutely dispute it is a valid debt.
I think you should an attorney who has handled similar issues. Hopefully, you can find someone on My List of Student Loan Attorneys You Should Consider for Assistance.
There are a couple of reasons ing an attorney in this situation would be a smart move.
First, an attorney can help you to attempt to validate the debt. Second, if the debt can’t be validated it is quite possible Williams & Fudge may be violating the Fair Debt Collection Practices Act with their incorrect or misleading claims.
The cost of an attorney to represent you will be a small price to pay for someone to use the law to defend you. Otherwise, Williams & Fudge can pretty much get away with anything to attempt to collect.