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Schools have a responsibility to make sure borrowers can benefit from education when the borrower doesn’t have a high school diploma or G.E.D.. That’s usually done by giving an exam called an “ability to benefit” exam. Borrowers who got a Direct Loan or a Federal Family Education Loan (FFEL) Program Loan on or after January 1, 1986, may qualify for a False Certification discharge if his or her ability to benefit was falsely certified by the school.
According to my heroes at the National Consumer Law Center and their studentloanborrowerassistance.org, the Department of Education considers the following examples to be proof of “Ability to Benefit” falsification (and there are others):
A test requiring an independent test administrator was not properly administered;
The school allowed a student to retake the test earlier than the minimum prescribed waiting period or more frequently than allowed;
The school allowed more time than permitted to take the test, did not use all required portions of the test, supplied answers to students, allowed students to discuss the answers among themselves, or passed a student whose score did not meet minimum standards, or
The test was not approved by the Department of Education.
Even if an approved ATB test is used, a false certification discharge may still be granted if the student was not given the appropriate portion of the approved test.
Read more here: http://www.studentloanborrowerassistance.org/loan-cancellation/problems-with-your-school/false-certification/
And here: http://www.ifap.ed.gov/dpcletters/attachments/GEN1003DisqualifyingStatus.pdf
The Department’s application form is here: http://www2.ed.gov/offices/OSFAP/DCS/forms/form.discharge.false.certification.atb.pdf
If the discharge is granted, the borrower will not owe any more payments on the loan, and will get a refund of payments made in the past. Any adverse credit history resulting from nonpayment of the discharged loan should be deleted.
I’ve have to check the links that you have given about false certification. I know a lot of people who are having problems with student loans. I will share the link about discharge as well. Thanks for the info.