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  #1  
Old 09-27-2005, 02:20 PM
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Join Date: Sep 2005
Posts: 5

Can this be a binding contract??


What is the name of your state?MA

I have a bit of an unusual scenario. In 2000 my father signed me up for a college course, without my permission or approval. He paid for the course so after arguing I went to appease him. This course was to be paid in four installments by my father, however I stopped attending class due to work schedule in October 2000 and the school withdrew me from classes. The last payment to cover November00 through February01 was due November 1st. Here is the real kicker...The school tried to go after my father for the last payment and after trying for two yrs they dropped the debt with him and decided to come after me. They have only typed documents with my name & soc. sec. # and on the contract where I was supposed to sign it is blank. I never even knew the cost of the course or had any agreement with anyone about the course. Now the debt coll. agency is saying that I had a verbal contract by attending the class. I had them send me debt validation including the contract and everything just proves more that I don't owe the debt but they refuse to take it off my credit report. When I contacted the credit reporting agencies they told me they just use an automated verification system and if they (the collector) states that the debt is valid that is what the reporting agency goes by. They said that I would have to take it up with the debt collector. When I spoke again to the debt collector they told me to take it up with the school, and stated that they were doing everything legally and this debt was valid even if there is no signature on the contract. Any ideas on where to go from here?

Can they even argue that this debt is mine when they reinforced the fact that I never even saw the paperwork or signed it?

Can this be a legal and binding contract without a signature and without me having any knowledge of rules, regultions, refund policies, finance and late charges? or even what the charges for the classes were?
  #2  
Old 09-27-2005, 02:43 PM
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Location: St. Odo of Cluny Parish
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If you went to the classes, you owe the dough.
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(1) Never tell everything you know.
  #3  
Old 09-28-2005, 08:25 AM
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Join Date: Sep 2005
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How is that possible when I didn't even know the financial information about the course or any of the stipulations with regard to refunds withdrawals from the course or anything else? And isn't that why they have a contract that states I accept full financial responsibility with a signature line? How can you say someone owes money if you never even told them how much they would owe? That would be like someone buying a car in your name and leaving the signature line blank on the contract at the dealership. Anyone can give your information and leave a signature line blank, I thought that was the whole reason businesses who have contracts used them, so that there is acceptance of financial responsibility.
  #4  
Old 09-28-2005, 09:11 AM
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Join Date: Jan 2005
Posts: 2,336
Is it legal? The court will decide based on the facts.

You can be sued for anything. Heck, I could sue you for asking questions.

If you are sued and you don't respond, your problems will only get worse. The creditor will be awarded a default judgment and you lost all your rights to fight back.

That all being said, I agree with da judge. You took the classes. Pay up and make it go away.
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