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wrongful withholing of academic records

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eccodomani

Guest
I'm located in California.

The university I graduated from a few years ago is now withholding my academic records, because of an unpaid student loan.

The thing is, I never applied for a loan and have disputed the reported balance with the credit reporting agency and university.
Credit Reporting Agency fixed it, university hasn't and keeps making demands - violating my rights under FCRA and/or FDCA.
Will take care of that :)

But, what law does the wrongful withholding of academic records violate. What damages can I seek?
 


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eccodomani

Guest
Hhmmm, interesting response. Jumping to quite a few conclusions, aren't we?

1. I'm sucessfully self-employed, so no need to find a job.
2. I have a life.
3. I have right to get my transcripts, but can't. Whether I need them or not.

The university refuses to release transcripts to students who they believe owe the university money. I DON"T OWE THEM MONEY. I NEVER APPLIED FOR A LOAN. The university was informed of this error in writing and through a Credit Report Agency investigation. The university has failed to make the necessary corrections to its records & keeps demanding money that I do NOT owe. This is willful non-compliance with the Fair Credit Reporting Act. The university is liable for that.

All I wanted to know is what liability exists for wrongfully withholding my transcripts.

I guess hoping for a worthwhile response was to much.
:(
 

I AM ALWAYS LIABLE

Senior Member
My response:

Okay, they say you owe money.

Have they told you what the money is owed for; e.g., classes, supplies, damaged items, etc. ?

Do you have records of all payments?

Have you shown them "your" proof of completed payments?

Have they responded to "your" proof?

IAAL
 
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eccodomani

Guest
they claim an unpaid student loan to my name, that doesn't exist.
No contract, no loan application, no promissory note.
Nothing, zip, zilch, nada, the big fat zero.

I don't have to proof a thing, the burden of proof is on them - and the university already failed to provide it to the credit report agency doing the investigation.
 

I AM ALWAYS LIABLE

Senior Member
eccodomani said:
they claim an unpaid student loan to my name, that doesn't exist.
No contract, no loan application, no promissory note.
Nothing, zip, zilch, nada, the big fat zero.

I don't have to proof a thing, the burden of proof is on them - and the university already failed to provide it to the credit report agency doing the investigation.
My response:

Okay, so you can't prove anything. You have no cancelled checks, receipts, or otherwise.

Yes, you will have to "prove a thing." That's because when you sue the Regents of California (assuming it was a State University), you're going to need to show them the items mentioned when they ask for them in the Discovery phase of litigation.

But, you seem to know best, and you know the law.

Good luck to you.

IAAL
 
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eccodomani

Guest
HuH?
Of course I don't have those items.
They don't exist - for me or for THEM.

That's the point.
 

I AM ALWAYS LIABLE

Senior Member
eccodomani said:
HuH?
Of course I don't have those items.
They don't exist - for me or for THEM.

That's the point.
My response:

Okay, you didn't pay for your education - - which is why you don't have any proof of payments. You went through 4 years of higher education, and any post graduate education, on a scholarship. Lucky you !

But then, you'd have proof of a scholarship, wouldn't you?

And a full scholarship would have paid for your classes, books, room and boards, supplies, etc., etc., correct?

I'll ask you this question one, last, time - -

"Have they told you what the money is owed for; e.g., classes, supplies, damaged items, etc. ?"

IAAL
 
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eccodomani

Guest
Yes, I paid for my education. Was offered some finanical aid and accepted the non loan based part.

This issue is not about some unpaid tuition, books, room & board, damaged items, etc. It's all paid.

Is it not clear from my original message that the issue revolves around a student loan. Read it again.
 

ellencee

Senior Member
eccodomani
Contact the actual lender; correct the problem with the actual lender, not the educational institution.
 

I AM ALWAYS LIABLE

Senior Member
My response:

I read your post. I fully understand your post. Before I would need to get to the nitty gritty of your specific problems, I needed to understand how this could have happened, and how I could help you to get your transcripts.

But, we are talking at cross-purposes, and you refuse to answer my direct, and clear, questions. You want to beat around the bush, and make me scratch for every answer. I won't do it. I have specific legal reasoning for asking you my questions, but you're too "into yourself" to answer. Your education was obviously a waste of time, and now you're on your own.

Good luck to you.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
ellencee said:
eccodomani
Contact the actual lender; correct the problem with the actual lender, not the educational institution.
My response:

The "actual lender" won't have any information. And, all the collection agency knows is that they have an "assignment" to collect a debt, in a sum certain. They don't know how or why the money is owed, nor do they care because that's not their job. Their job is strictly to collect the money.

This is the reason I was asking what the school says about this matter, OTHER THAN the allegation that an amount of money is owed. There MUST be a reason for this alleged debt.

IAAL
 

vrzirn

Senior Member
"Will take care of that:) "
With that sentence you imply that you will soon have the problem of obtaining the transcripts resolved.
Then you go on to ask if you can sue for damages.
If you write vague posts and are not specific about what is done or not done or soon to be done, then you get answers that rely on inference.
 
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eccodomani

Guest
vrzirn,

"Will take care of that:) " was in regards to the Fair Credit Reporting Act violation.

What damages I can seek for the wrongful withholding of academic records was up for question.
 

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