Ineligibility notice re: borrow defense application

Hi there,
Not sure what to do or who to ask, but need support with receiving an ineligibility notice due to dubious reasons. Has anyone else received an ineligibility notice from the DOE that is unclear why you are ineligible? I originally placed this claim through a Debt Collective portal that assisted with applications.

I’m very confused on whether I need to file a new claim or how to review the claim I made – and on top of that, I no longer have any “evidence” to support my claim as I lost these digital documents (which included false job placement statistics the school I attended used to publish on their website.)

This is the letter I received below. Any help at all sincerely appreciated! Thank you!!!

The U.S. Department of Education (ED) has completed its review of your application under the applicable Borrower Defense to Repayment regulations for discharge of your William D. Ford Federal Direct Loans (Direct Loans) made in connection with your or your child’s enrollment at Savannah College of Art and Design. ED has determined that your application is ineligible for relief based on review of the facts of your claim and the regulatory criteria for relief; this decision means that your Direct Loans will not be discharged. ED explains the reasons below.
Applicable Law
For Direct Loans first disbursed prior to July 1, 2017, a borrower may be eligible for a discharge (forgiveness) of part or all of one or more Direct Loans if the borrower’s school engaged in acts or omissions that would give rise to a cause of action against the school under applicable state law. See § 455(h) of the Higher Education Act of 1965, as amended, 20 U.S.C. § 1087e(h), and 34 C.F.R. § 685.206© and 685.222 (the Borrower Defense regulations). ED recognizes a borrower’s defense to repayment of a Direct Loan only if the cause of action directly relates to the Direct Loan or to the school’s provision of educational services for which the Direct Loan was provided. 34 C.F.R. §§685.206©(1), 685.222(a)(5); U.S. Department of Education, Notice of Interpretation, 60 Fed. Reg. 37,769 (Jul. 21, 1995).
Why was my application determined to be ineligible?
ED reviewed your borrower defense claim based on any evidence submitted by you in support of your application, your loan data from the National Student Loan Data System (NSLDS®), and evidence provided by other borrowers.

Allegation 1: Other
You allege that Savannah College of Art and Design engaged in misconduct related to Other. This claim fails for the following reason(s): Failure to State a Legal Claim

Your claim for relief on this basis therefore is denied.
Allegation 2: Other
You allege that Savannah College of Art and Design engaged in misconduct related to Other. This claim fails for the following reason(s): Failure to State a Legal Claim

Your claim for relief on this basis therefore is denied.
Allegation 3: Educational Services
You allege that Savannah College of Art and Design engaged in misconduct related to Educational Services. This claim fails for the following reason(s): Failure to State a Legal Claim

Your claim for relief on this basis therefore is denied.
Allegation 4: Employment Prospects
You allege that Savannah College of Art and Design engaged in misconduct related to Employment Prospects. This claim fails for the following reason(s): Insufficient Evidence

Your claim for relief on this basis therefore is denied.
What if I do not agree with this decision?
If you disagree with this decision, you may ask ED to reconsider your application. To submit a request for reconsideration, please send an email with the subject line “Request for Reconsideration ref:_00Dt0Gyiq._500t0DPL60:ref” to BorrowerDefense@ed.gov or mail your request to U.S. Department of Education, P.O. Box 1854, Monticello, KY 42633. In your Request for Reconsideration, please provide the following information:
Why you believe that ED decided incorrectly your borrower defense to repayment claim; and

Identify and provide any evidence that demonstrates why ED should approve your borrower defense to repayment claim under the applicable law set forth above.
ED will not accept any Request for Reconsideration that includes new allegations. If you wish to assert allegations that were not included in your application, please see the following section. Additionally, your loans will not be placed into forbearance during the reconsideration process. Failure to begin or resume repayment will result in collection activity, including administrative wage garnishment, offset of state and federal payments you may be owed, and litigation. For more information about the reconsideration process, please contact our borrower defense hotline at 1-855-279-6207 from 8 a.m. to 8 p.m. Eastern time (ET) on Monday through Friday.
Can I apply for borrower defense if I have additional claims?
If you wish to file a new application regarding acts or omissions by the school other than those described in borrower defense application 01329690, please submit an application at StudentAid.gov/borrower-defense. In the new application, you should explain in the relevant section(s) the basis for any new borrower defense claim(s) and submit all supporting evidence.
What should I do now?
Because your borrower defense to repayment application was found to be ineligible, you are responsible for repayment of your loans. ED will notify your servicer(s) of the decision on your borrower defense to repayment application within the next 15 calendar days, and your servicer will contact you within the next 30 to 60 calendar days to inform you of your loan balance. Further, if any loan balance remains, the loans will return to their status prior to the submission of your application. If your loans were in forbearance as a result of your borrower defense to repayment application, the servicer will remove those loans from forbearance.

If your loans are in default and are currently in stopped collections, your loans will be removed from stopped collections. Failure to begin or resume repayment could result in collection activity such as administrative wage garnishment, offset of state and federal payments that you may be owed, and litigation.

While normally interest would not be waived for unsuccessful borrower defense applications, given the extended period of time it took ED to complete the review of this application, the Secretary is waiving any interest that accrued on your Direct Loans from the date of the filing of your borrower defense application to the date of this notification. Your servicer will provide additional information in the coming months regarding the specific amount of interest adjusted.
What if I have another pending borrower defense application?
If you have additional pending borrower defense to repayment applications, this information applies to you:
If your loans associated with an additional borrower defense to repayment application that is still pending are in forbearance or another status that does not require you to make payments, your loans will remain in forbearance or that other status. Similarly, if your loans associated with that borrower defense application are in default and you are currently in stopped collections, those loans will remain in stopped collections.

If you are unsure if you have additional pending applications, or if you would like to check on the status of your loans associated with an additional application, contact our borrower defense hotline at 1-855-279-6207 from 8 a.m. to 8 p.m. ET on Monday through Friday.
ED offers a variety of loan repayment options, including the standard 10-year repayment plan, as well as extended repayment, graduated repayment, and income-driven repayment plans. For more information about student loan repayment options, visit StudentAid.gov/plans. If you have questions about the status of your loans or questions about repayment options, please contact your servicer(s). If you do not know the name of your federal loan servicer, you may go to My Federal Student Aid to find your servicer and view your federal loan information.

Sincerely,

U.S. Department of Education
Federal Student Aid

1 Like

Hi @moniker, I think you may have just emailed me with all of this info and I responded.

Hopefully that info was helpful for the time being. Let me know if there is more we can do to support you.

-Thomas

Yea I received the same BS email, I think Betsy is just hitting deny without even looking at them.