• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

collections

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

crookshank

Junior Member
What is the name of your state? Kansas

I recently have been contacted by a collection service for a college I went to. They mailed me a letter which they had dated the 22 of november. I called and said I did receive the letter. I understood that I did owe the college some money. I had arranged to make payments with this company by automatic deduction. After all this was done I was then sent a notice from the legal forwarding department stating that they were going to take me to court unless I paid at least a thousand dollars now. I then wrote them a letter which I have a copy of and they have stated that they received saying that we had agreed to make payments. They comtacted me by phone telling me that they would have never agreed to the said amount and that I needed to send them about four thousand now. I told them there was no way that I could make that kind of a payment. I was then told that the only way I could keep from going to court was to agree to pay them 800 by the end of December. Once again I told them that I didn't have that kind of money. I also stated that four thousand seemed like a little much. I sent them a letter stating that it was the policy of the college to have all tuition paid in full before the second week of school. If the money was not paid you were dropped from all classes. The only way that you are allowed to stay in school after that time is if you have financial aid awarded. I stated that I want to see the bill. I also would like to see all papers I signed saying that I incured this bill and for the amount to be that much means they didn't award financial aid to me. I never received a letter stating that I had a problem with my aid. The most I would possible owe is maybe 400. I then told them I would like to contact the school to get copies of the bill for the month of september and october and any papers they have where I signed rejecting or accepting financial aid. Still though they are calling me demanding money now, telling me that if it is not there by the end of the month I will be taken to court. So after all of that can they refuse payments after an agreement has been made. Should I ask for transcripts of the phone call in which I agreed to a set amount? Can they take me to court with out showing the paper work that I have requested? I informed them in writing that since the schools policy was that all students who have not paid all fees by a certain date will have classes dropped then I must have signed something agreeing to a repayment plan.I do not htink the school has such a thing. I would like to see that paper stating when the payments were to start and for how much and for how long.
Is this a lost cause or do I have a leg to stand on?
 


JETX

Senior Member
Your long and rambling post would indicate that you are likely being scammed. Any reputable creditor (or collector for that matter) should have no problems with being asked to PROVE the amount being claimed. Contact the original creditor (school) and get the information you need to determine what you really owe.... then negotiate a payment plan.

If you are unable or refuse to do so, there is a strong likelihood that the creditor or collector will pursue further efforts, including filing a lawsuit to recover the claimed funds.

Still though they are calling me demanding money now, telling me that if it is not there by the end of the month I will be taken to court.
Usually, those are just threats to try to intimidate you into paying on THEIR terms. However, no one can determine how real those threats are until such time as they actually file a lawsuit.

So after all of that can they refuse payments after an agreement has been made.
Yes. An agreement does not waive their rights to pursue a debt.

Should I ask for transcripts of the phone call in which I agreed to a set amount?
Of course you can ask for them... but you won't get them.... even if they did exist.

Can they take me to court with out showing the paper work that I have requested?
Yes. There is no prerequisite for them to present you with anything.

Is this a lost cause or do I have a leg to stand on?
See above.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top