     Melissa (Melissa) | Tuesday, June 13, 2000 - 06:56 pm 
My husband attended a Vocational School in early '95. He agreed (no written agreement) to pay as he went, if he quit he would not owe the rest (this is not a student loan). He canceled 3/4 through the class and paid up till then. He was told that he would not have to pay anymore (no written confirmation). He has even gone back to this school about three years ago and finished a class and the class was paid in full. The problem is we were recently contacted from a collection agency informing us we are in collection for the Vocational School. They say he owes the rest of the balance, which is $320 for 6/95 and they have contacted the credit bureaus. When I called the school they tried to say they had no address, which is a lie, they gave it to the collection agency. The collection agency rudely informs us all we can do is write for an itemized bill and record of disbute. Our SOL is 6yrs for written and unwritten contracts. My question is is this legal for them to break an agreement, to not inform someone of a bill for 5yrs, allow them to attend other classes, then send them off to collection? When I asked for legal advise he said it's not common but it's not illegal. He says what it comes down to is principle with a lot more $ shed out or just paying it off. Is this true? I have been reading this site for a few days and was wondering if someone has any insight on what I should do. When trying to cut a deal, which one has more success, the school or the collection agency? Which one will probably agree to pay in full and delete the report from my credit reports? Neither are being very polite. The collection agency is twisting our words already. Another question is if this is from '95, does my SOL start from then or when it was sent to collection? When you request an itemized bill and record of dispute, is that just in a regular letter format? I really want to do what I have to to get my credit back on line. If you have any insight for me it is greatly appreciated. |
| Scott (Scott) | Tuesday, June 13, 2000 - 08:22 pm
First things first: Write the collection agency a letter. In the letter you want to say , "This Letter is to inform you that you are not to contact me in this matter. Your services are no longer required. Per the Fair Debt Collection Practices Act, you are to cease and desist all contact." This is a standard drop dead letter. If you look around, you will find sample letters that are a bit more fleshed out. If you want, write me an email, and I'll be happy to forward on to you the samples I have. This basically gets them to go away. :-) Then contact the school, and demand proof that he owe's them anything at all. Make the request by FAX, or by certified/registered letter. Fax is better. The key here is, get them to produce anything he signed that even remotely could be a contract. Oral contracts are binding, but VERY hard to enforce. If they cannot produce anything with his signature, tell them to remove any entry on your credit report immeadiatly. Dispute any such entry with the Credit Reporting Agencys, and when and if the school verifies the entry as correct, get a lawyer and sue the CRA - it's a violation of the FDCPA, and (Correct me if I'm wrong please Christine) worth $1,000 per instance. |
| Christine Baker (Admin) | Tuesday, June 13, 2000 - 08:48 pm
The SOL started back in 95.
I don't think what they're doing is legal, but these days you never know. I wouldn't pay it.
I'd dispute it, basically just as you wrote it here (without all the questions of course) A normal letter will do.
OBVIOUSLY you are stating the truth, or they would have demanded payment when he took the 2nd class.
I would also include a promise to sue them if they report on my credit and follow through with it.
Isn't this extortion? All they have is the threat to ruin your credit, and they're using it. And SOOO many people just pay to get rid of them.
This motivates me greatly to work on the ads for this site, I'd like to be able to hire a lawyer to sue. |
| Christine Baker (Admin) | Wednesday, June 14, 2000 - 11:38 am
Hadn't seen Scott's posting before mine. I don't know what the fines are, I'd really like to find a lawyer for these questions. |
