What is the name of your state (only U.S. law)?
Oklahoma
Parties involved:
Debtor: My Wife (Oklahoma), Creditor: The Institute (Colorado), Collector: Attorneys (Colorado)
Contract 47 month tuition. On the 31st month in October, a refund of 150 is applied for erroneous late charges on the fault of the institute. In November my wife makes a payment of 150 which is also refunded. Here is the emailed correspondence:
November 24 2013 my wife
"I was wondering if I could get a revised statement of how much is left in my account to pay as of 11/8/2013. I�m planning on using some tax return money to pay a big chunk at the beginning of next year and was wondering just how close I was to the end. I�ve been paying about $150/month which is a little over what my monthly payment is supposed to be so I was thinking I was ahead by a little bit.
I received my refund checks from the back late charges. I can�t thank you enough for taking care of that. Had I known my address and phone number were no longer current, that would have never been an issue. I think everything is up to speed now."
December 2 2013 accounting manager
"With your $800 payment on 11/7 and $150 payment on 11/8, you overpaid your account. Therefore, I sent you refund checks totaling $353.24, which you should have received as it was mailed Monday. You are paid in full."
December 2 2013 my wife
"Paid in full as no balance at all, or I�m paid up through November? If so, are my diplomas going to be in the mail soon?"
My wife didn't make a payment of 800, but my wife was focused on the refund checks and the paid in full phrase. We then received the transcripts and diploma from the Institute in the following week.
December 19 2013, Thursday 5 days before Christmas- accounting manager
"We just discovered today that we posted an $800 payment to your account that actually was a payment made by someone else. Therefore, we should not have sent you any refund checks and you still have a balance due. Please call me as soon as possible to make payment arrangements for the $800 you owe us.
I apologize for this error and appreciate your prompt attention to this matter. I will be in the office tomorrow, Friday, from 2 pm to 5:30 pm and hope to talk with you then.
No correspondence has been received or sent to the Institute until April 21, when we received a revised statement and a letter:
April 21 2014 accounting manager
"For several months, I sent you letters regarding your account and asked that you get in contact with me so we can make arrangements for you to pay something on your account. As of this date, I have not heard from you.
Unfortunately, if we do receive funds or hear from you by May 6, 2014 we will be sending your account to collections. Please call as soon as possible so we can get this taken care of"
The letters said to have been sent were not received. We still have yet to communicate with them as we have viewed this situation as their accounting error and their releasing of the diploma and transcripts as completion of my wife's contract. On July 18th a law office contacted my wife at work. The attorney made it passed the receptionist without identifying themselves. My wife fielded the call, was informed of the collectors identity, the recording of the call, the debt referred to them from the institute (creditor), and then requested a payment or a payment schedule be made. My wife explained the reception of her diploma and transcripts, and would not be able to make a payment. She then ended the call and returned to work.
Other students have had poor experiences with this institute's accounting accuracy. I want to contact the accreditation group above the school about this with the supporting scenarios of others. I feel that the accounting error, the "are you sure?" email, the "yes we're sure" response, and the rewarding of documents puts this one that the institute's loss. However my feelings may not be what is fair, but is it legal? Can they come after us? Can we not pay them?
Outside of that, here's what I look to achieve: not to pay the reinstated debt, to keep the transcripts and diploma, not to pay the collectors, not have court dates in Colorado, and move on with our lives.
Thanks for the read, and thanks the sticky posts from user debtcollector. His posts helped me here.
MW
Oklahoma
Parties involved:
Debtor: My Wife (Oklahoma), Creditor: The Institute (Colorado), Collector: Attorneys (Colorado)
Contract 47 month tuition. On the 31st month in October, a refund of 150 is applied for erroneous late charges on the fault of the institute. In November my wife makes a payment of 150 which is also refunded. Here is the emailed correspondence:
November 24 2013 my wife
"I was wondering if I could get a revised statement of how much is left in my account to pay as of 11/8/2013. I�m planning on using some tax return money to pay a big chunk at the beginning of next year and was wondering just how close I was to the end. I�ve been paying about $150/month which is a little over what my monthly payment is supposed to be so I was thinking I was ahead by a little bit.
I received my refund checks from the back late charges. I can�t thank you enough for taking care of that. Had I known my address and phone number were no longer current, that would have never been an issue. I think everything is up to speed now."
December 2 2013 accounting manager
"With your $800 payment on 11/7 and $150 payment on 11/8, you overpaid your account. Therefore, I sent you refund checks totaling $353.24, which you should have received as it was mailed Monday. You are paid in full."
December 2 2013 my wife
"Paid in full as no balance at all, or I�m paid up through November? If so, are my diplomas going to be in the mail soon?"
My wife didn't make a payment of 800, but my wife was focused on the refund checks and the paid in full phrase. We then received the transcripts and diploma from the Institute in the following week.
December 19 2013, Thursday 5 days before Christmas- accounting manager
"We just discovered today that we posted an $800 payment to your account that actually was a payment made by someone else. Therefore, we should not have sent you any refund checks and you still have a balance due. Please call me as soon as possible to make payment arrangements for the $800 you owe us.
I apologize for this error and appreciate your prompt attention to this matter. I will be in the office tomorrow, Friday, from 2 pm to 5:30 pm and hope to talk with you then.
No correspondence has been received or sent to the Institute until April 21, when we received a revised statement and a letter:
April 21 2014 accounting manager
"For several months, I sent you letters regarding your account and asked that you get in contact with me so we can make arrangements for you to pay something on your account. As of this date, I have not heard from you.
Unfortunately, if we do receive funds or hear from you by May 6, 2014 we will be sending your account to collections. Please call as soon as possible so we can get this taken care of"
The letters said to have been sent were not received. We still have yet to communicate with them as we have viewed this situation as their accounting error and their releasing of the diploma and transcripts as completion of my wife's contract. On July 18th a law office contacted my wife at work. The attorney made it passed the receptionist without identifying themselves. My wife fielded the call, was informed of the collectors identity, the recording of the call, the debt referred to them from the institute (creditor), and then requested a payment or a payment schedule be made. My wife explained the reception of her diploma and transcripts, and would not be able to make a payment. She then ended the call and returned to work.
Other students have had poor experiences with this institute's accounting accuracy. I want to contact the accreditation group above the school about this with the supporting scenarios of others. I feel that the accounting error, the "are you sure?" email, the "yes we're sure" response, and the rewarding of documents puts this one that the institute's loss. However my feelings may not be what is fair, but is it legal? Can they come after us? Can we not pay them?
Outside of that, here's what I look to achieve: not to pay the reinstated debt, to keep the transcripts and diploma, not to pay the collectors, not have court dates in Colorado, and move on with our lives.
Thanks for the read, and thanks the sticky posts from user debtcollector. His posts helped me here.
MW
