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I also have a private loan consolidation with Education Finance Partners and my loan is serviced by ACS, just like the Plaintiff. We are both lawyers and we have similar balances. However, the difference between my loan and his loan is that mine is a variable rate and his is fixed (haha! mine interest rate is 6% lower than his!)...

I read my promissory note carefully and it says that they will first apply any payment to late fees, charges, accrued interest and then principal balance. It's daily accruing interest loan.

The Plaintiff claims that because his loan is a fixed rate, he should be strictly held to the amortization schedule of his note i.e. equal monthly interest payments and daily accruing interest should not apply. As a result of the daily accruing interest he claims that he has been charged a couple of hundred extra bucks.

The above complaint is something entirely different but still a common complaint. Some student loan lenders, instead of applying the extra to principal, will instead hold on to the money and advance your due date by the number of months your prepayment equals. Sort of a short term interest free loan to the lender in exchange for advancing next month's due date.

I avoid all these. Twice a month I take all my unspent money from my budget and make a payment online. Even though I'm signed up for autodebit, no money is debited because I've paid the bill in full. I've reduced my balance from $62k to $25k in about a year and a half.

My position is screw these people. I've got cheap money at a 3.57% interest rate (going down to 3.33 on Wednesday!); I do not want to be debt slave the rest of my life; I earned my degree and I want to pay it off and get it over with!

(of note my federal loans are at 3.5% but the private loan above will be only 3.3% - talk about how screwed up the financial markets are!)

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