How to Write a Borrower Defense Letter

A borrower defense letter is a crucial document that can help you seek relief if you believe that you were misled or defrauded by your educational institution. This letter is typically addressed to the U.S. Department of Education, and it's essential for students who have attended schools that have engaged in deceptive practices. Below is a comprehensive guide on how to craft an effective borrower defense letter.

1. Understand the Borrower Defense to Repayment Program

Before drafting your letter, it's vital to understand the Borrower Defense to Repayment (BDR) program. This program allows federal student loan borrowers to seek discharge of their loans if they can prove that their school violated state laws related to their loans or misled them about the education they received.

2. Gather Evidence

Compile all relevant documentation to support your claim. This may include:

• Enrollment agreements
• Advertisements or brochures
• Correspondence with the school
• Loan documents
• Records of complaints or legal actions against the school

3. Write the Letter

Introduction: Start by addressing the letter to the Department of Education. Include your full name, address, and the details of your federal student loans.

Example:

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[Your Full Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]

U.S. Department of Education
Borrower Defense Unit
P.O. Box 1854
Monticello, KY 42633

[Date]

Body of the Letter:

a. Explain Your Situation: Provide a detailed account of your experience with the educational institution. Clearly describe how the school misled you or engaged in deceptive practices.

Example:

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I am writing to request a borrower defense to repayment for my federal student loans. I attended [School Name] from [Start Date] to [End Date]. During my time there, I was promised [specific promises made by the school]. However, it became evident that these promises were not fulfilled. For instance, [provide specific examples of how the promises were broken].

b. Describe the Deception: Outline the specific ways in which the school misled you. Mention any discrepancies between what was promised and what was delivered.

Example:

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The school advertised that [specific program or course] would lead to [specific job outcome]. However, after graduating, I found that [describe how the job market was different or how the education did not meet the promised outcomes].

c. Provide Evidence: Attach and reference any evidence you have collected. Mention each piece of evidence and how it supports your claim.

Example:

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Attached are copies of the enrollment agreement, promotional materials, and email correspondence that demonstrate the school's false promises. For example, the brochure (Attachment A) states that graduates will be employed within six months, which was not the case for me.

d. Request for Relief: Clearly state what relief you are seeking. Typically, this is a discharge of the loan in question.

Example:

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Given the circumstances and the evidence provided, I request that my federal student loans be discharged under the Borrower Defense to Repayment program. I believe that my situation qualifies for relief based on the school's deceptive practices and failure to provide the promised educational benefits.

Conclusion:

Thank the Department of Education for their time and consideration. Provide your contact information again in case they need further details.

Example:

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Thank you for considering my request. Please feel free to contact me at [Your Phone Number] or [Your Email Address] if you require any additional information.

Sincerely,
[Your Full Name]

4. Review and Submit

Before sending your letter, review it for accuracy and completeness. Ensure that all attachments are included and properly labeled. Send the letter to the address provided by the Department of Education for borrower defense claims.

5. Follow Up

After submitting your letter, keep track of any correspondence from the Department of Education. Be prepared to provide additional information if requested.

Conclusion

Writing a borrower defense letter requires careful documentation and a clear presentation of your case. By following these steps and providing thorough evidence, you increase the likelihood of a successful claim. Remember to stay organized and keep detailed records throughout the process.