Creditors calling for tuition I am not responsible for? I was forced to put my card

[Proserpina]

What is the name of your state (only U.S. law)? NY

I am a graduate student now, but a while back, I participated in a paid summer research program from a known national university (I will name it U for simplicity), back in 2007. Since then I have been moving around, because of college, jobs, etc.

Yesterday, I received a voice message from a debt collector telling me to call them back. When I called, they told me that I owed over 3500 dollars in unpaid tuition from the school U at 2007. This was obviously a fault from college U, since the program I participated wasn't supposed to charge me any tuition- I was paid for the summer, not the other way around. This was obviously a fault from college U. However, debt collectors didn't care.

However, the debt collector told me that since my known address from that time was what they only had on file, they had to jump around for this long and now they have tracked me down. They told me that since payment wasn't received for so long, they HAVE to have a payment record on file to debit at least 30% of it as a one time payment. They were "generous" in letting me have a few days delayed until this part gets debited, but they talked about how if I refuse to pay up, my credit will be damaged, and they will charge me for "evasion of debt".

I ended up giving them my card and address information, since I didn't want to be charged with anything and/or have my credit damaged from this egregious debt I wasn't responsible for.

I of course called the college U and complained, and it seems that there will be some finger pointing amongst themselves, with me in the middle. Aside from college politics, the conclusion is that I fear that it will college U much longer than I hope to get their **** together.

My specific questions I need help getting answered are these:

1. Was there a way that I should've acted to the debt collectors when I called them? They imposed a due date and an amount that is in the range of 1000 dollars, which is quite high for a student like me. However, I didn't my credit to suffer/ don't want to be charged (that evasion of debt clause) either. Was there something that I could have done? I heard ignoring calls is bad in this case, but should I have done that?

Oh boy. They really took you. "evasion of debt"? Debt evasion is not a criminal issue in 99.9% of situations and in the few where it might be an issue, it doesn't involve the type of debt you're talking about. We stopped jailing debtors - even those who deliberately try to avoid the creditors - years and years ago.

2. I had to give them my address, phone number, and credit card information. They told me that if this issue is resolved or "recalled", the collectors will erase these information in file. Can I trust them on this? If not, what can I do to ensure that they do?

Do you have anything in writing? If not, I wouldn't trust them as far as I could throw 'em.

3. Any suggestions and/or advice involving calls from debt collectors in the future? It seems that in the absolute worst case, as soon as I graduate (in about a year), these collectors will start calling me again when my college loans are due(Sallie Mae). I owe them a LOT more than 3500 dollars.

Your college debts generally won't go away, but you do at least have a couple of options in terms of negotiating with them.

4. If question 3 seems quite serious for my situation, can you give me an advice on what kind of attorney (if any) I should be looking for? Any websites that can help me in finding good lawyers? I know online ratings can be fraudulent more than anything, but at this point, I need any help I can get.

Thanks in advance for your help.

Standby for others to respond; but in the meantime don't EVER give out your credit card information unless there's actually a solid reason for doing so.

Tell them you're also aware that the law prohibits them from making threats.

 

[ecmst12]

I would cancel that card before they charge it.

 

[TigerD]

File a complaint with the CFPB.
http://www.consumerfinance.gov/complaint/

DC

 

[Dave1952]

If a charge is placed on your credit card, dispute the charge. Call the U and get this straightened out ASAP.

 

[Jeran]

What is the name of your state (only U.S. law)? NY

I am a graduate student now, but a while back, I participated in a paid summer research program from a known national university (I will name it U for simplicity), back in 2007. Since then I have been moving around, because of college, jobs, etc.

Yesterday, I received a voice message from a debt collector telling me to call them back. When I called, they told me that I owed over 3500 dollars in unpaid tuition from the school U at 2007. This was obviously a fault from college U, since the program I participated wasn't supposed to charge me any tuition- I was paid for the summer, not the other way around. This was obviously a fault from college U. However, debt collectors didn't care.

However, the debt collector told me that since my known address from that time was what they only had on file, they had to jump around for this long and now they have tracked me down. They told me that since payment wasn't received for so long, they HAVE to have a payment record on file to debit at least 30% of it as a one time payment. They were "generous" in letting me have a few days delayed until this part gets debited, but they talked about how if I refuse to pay up, my credit will be damaged, and they will charge me for "evasion of debt".

I ended up giving them my card and address information, since I didn't want to be charged with anything and/or have my credit damaged from this egregious debt I wasn't responsible for.

I of course called the college U and complained, and it seems that there will be some finger pointing amongst themselves, with me in the middle. Aside from college politics, the conclusion is that I fear that it will college U much longer than I hope to get their **** together.

My specific questions I need help getting answered are these:

1. Was there a way that I should've acted to the debt collectors when I called them? They imposed a due date and an amount that is in the range of 1000 dollars, which is quite high for a student like me. However, I didn't my credit to suffer/ don't want to be charged (that evasion of debt clause) either. Was there something that I could have done? I heard ignoring calls is bad in this case, but should I have done that?


2. I had to give them my address, phone number, and credit card information. They told me that if this issue is resolved or "recalled", the collectors will erase these information in file. Can I trust them on this? If not, what can I do to ensure that they do?

3. Any suggestions and/or advice involving calls from debt collectors in the future? It seems that in the absolute worst case, as soon as I graduate (in about a year), these collectors will start calling me again when my college loans are due(Sallie Mae). I owe them a LOT more than 3500 dollars.

4. If question 3 seems quite serious for my situation, can you give me an advice on what kind of attorney (if any) I should be looking for? Any websites that can help me in finding good lawyers? I know online ratings can be fraudulent more than anything, but at this point, I need any help I can get.

Thanks in advance for your help.

And people on here wonder why I am trying to educate debtors? It is precisely for situations like the one described above.

There are a few laws you need to read about that will help you a great deal. The main one you need to read right now is called the Fair Debt Collection Practices Act.

I would also like to introduce you to Google Voice, if you haven't already heard about it. It makes it very easy to record telephone calls from debt collectors and catch them violating the Fair Debt Collection Practices Act.

For your Sallie Mae loans-- a long range solution to that looming crisis is to go to the U.S. Department of Education website and look up "Income Based Repayment Plan" and "Income Contingent Repayment Plan." Those won't help you until you are out of school, but keep them in mind for the future. Your monthly payment will be based upon your income, and you can cut the debt collector completely out of the picture.

But it sounds like what you are dealing with right now is not a loan at all. Maybe a billing error.

Right now, in accordance with the Fair Debt Collection Practices Act, if I were in your situation, I would send them a letter disputing the validity of the alleged debt and asking for written verification from them. I would also tell them to cease and desist from any communication with you by telephone and that all communication from them had to be in writing from now on.

 

[You Are Guilty]

File a complaint with the CFPB.
http://www.consumerfinance.gov/complaint/

DC

NY Attorney General is another, possibly quicker, complaint to make:
http://www.ag.ny.gov/consumer-frauds/Filing-a-Consumer-Complaint

More reading: http://www.ag.ny.gov/feature/debt-settlement-companies

I will also note that the SOL for written contracts is 6 years in NY. 2007 + 6 = uhoh!

 

[iqjump123]

please see my previous post

I was able to update my previous post with my reply. Please read and comment.
thanks everybody!!

 

[quincy]

I was able to update my previous post with my reply. Please read and comment.
thanks everybody!!

If by updating you mean deleting your previous post (or was it reported?), there is actually very little to read or comment on.

 

[iqjump123]

If by updating you mean deleting your previous post (or was it reported?), there is actually very little to read or comment on.

I dont know what happened.. I went ahead to edit my original post to include my comments and questions, but this post keeps on deleting them. I don't know the status of the posts pending. I really want to participate since I have so many questions. I will wait until the mods approve my post i guess.

 

[quincy]

... I will wait until the mods approve my post i guess.

Sounds like a plan.



(as a note, it looks like you are currently missing three posts)

 

[iqjump123]

Sounds like a plan.



(as a note, it looks like you are currently missing three posts)

yeah.. there was a lot of post-> "more mod waits?"-> let me edit before posts->WTF where is it, lets post again -> mod waits-> original post gone .. etc.
If you are willing to help me via pm let me know as well. thanks

 

[dcatz]

I'm with quincy. Keep waiting and looking.

While probably well-intentioned, Jeran’s messianic conviction that he is the true savior for any debtor is unfortunate and, in fact, repetitious and a bit funny. He reflects comparatively limited knowledge when he comes here. Look at the thread. I’m sorry for the naïve OP, but my first instinct would not be to hope and expect that validation and c&d letters will suffice to solve the problem that exists now. Proserpina and everyone else that responded “got it”. What’s next? The OP worries that a Xmas card is no longer timely for these helpful gentlemen and Jeran hurts himself patting himself on the back (?). Young man, you now have a problem in addition to the loans and virtually all other suggestions are well-taken

 

[iqjump123]

I'm with quincy. Keep waiting and looking.

While probably well-intentioned, Jeran’s messianic conviction... well-taken

well I want to thank the people for helpful advice- this is better than any other avenue of help I can get involving this situation. I actually want more info and have posted, but as I mentioned before, my comments in this post exceeding in certain chars seems to be flagged for review before posting ( I know its from my lack of posts though). Since I agree with you that I should act further, down to earth question for you (or anybody reading)- i am thinking of canceling that credit card in file. would this give the debt collectors additional reason to damage my credit or harass me more? Would this be advised? tia.

 

[ecmst12]

The problem was trying to edit your post instead of just writing a new post with your additional questions,as would be preferred.

 

[justalayman]

Jeran;3239135]And people on here wonder why I am trying to educate debtors? It is precisely for situations like the one described above.

no problem with attempting to educate debtor but I think that should also include that they are responsible for valid debts. So far, it has not been shown this is not a valid debt.

I would also like to introduce you to Google Voice, if you haven't already heard about it. It makes it very easy to record telephone calls from debt collectors and catch them violating the Fair Debt Collection Practices Act.

before doing so, one needs to refer to the applicable state(s) and federal laws on recording conversations. Not a good idea to break both federal law and state laws in attempting to get things cleared up regarding a relatively small debt.

For your Sallie Mae loans-- a long range solution to that looming crisis is to go to the U.S. Department of Education website and look up "Income Based Repayment Plan" and "Income Contingent Repayment Plan." Those won't help you until you are out of school, but keep them in mind for the future. Your monthly payment will be based upon your income, and you can cut the debt collector completely out of the picture.

not sure where that comes in since this appears to be a debt not covered under any possible loans. It appears to be a charge directly from the school, not a lender covering school costs.

But it sounds like what you are dealing with right now is not a loan at all. Maybe a billing error.

or maybe a valid charge the OP simply did not understand he was subject to. Remember, he was working for the school. While he may have been paid, he would still be required to be a student of the school for the work to be applicable to his program. As such, there were likely fees involved in remaining a student during the employment period.

Right now, in accordance with the Fair Debt Collection Practices Act, if I were in your situation, I would send them a letter disputing the validity of the alleged debt and asking for written verification from them. I would also tell them to cease and desist from any communication with you by telephone and that all communication from them had to be in writing from now on.

there is no such enforceable demand as a limited cease and desist with the debtor imposing an "in writing only" demand. Either communications cease or not. There are rules applicable to phone contact but as long as those rules are not breached, you cannot demand they cease contact by phone and allow other means of contact.

As well, while validation of the debt is never a bad idea, it appears based on OP's contact with U, they, at the present moment, claim it is a valid debt. Due to that, it would not likely make any difference to the issue at hand. At most, if the debt is validated, allow for a temporary reprieve from the CA making contact wit the OP.