Disputing debt of a "refund"

[jgm2602]

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

To whom it may concern,

I am a student paying in state tuition at a public college in the state of Virginia. Although I am on Federal loans (both subsidized and unsubsidized), it has been a difficult process to pay my own way through college. Before the beginning of the semester, my total charge for tuition and fees that I owed was about $618. I signed up to pay this (and a small interest fee) over two payments, the first due immediately and the last due in march. I paid the first payment and preset interest leaving a balance of $309.00 to be paid. These were the only charges on my entire account left to be paid. Since then, I have not changed my credit load.

Shortly after this transpired, I received a "refund" check for $824.25. They just sent this to me in the mail, as I had not asked for it. It was a simple check to be deposited and came with no contract or instructions indicating they wanted the "refund" back. Now weeks later they are charging me the balance of the "refund" they gave me. Is this legal?

As I understand, when money is freely given (by a legitimate institution) and not labeled as a loan or given with paperwork to sign indicating that it must be paid back, there is the assumption and tacit agreement that the money is yours. You are not obligated to give them something back that they freely gave you. Is this some sort of "breach of contract" since they broke a tacit agreement or didn't have any agreement to begin with to ask this back of me. The charge on the account (which occurred some time after they gave me the refund) even admits that they are charging me for this refund. Can they do that? Is there some precedent or law I can use to argue against paying this. Any advice would be greatly appreciated, thank you.

Signed,

A frustrated student.

 

[justalayman]

why did you delete your other thread that I responded in?

apparently there is something about this refund (and a refund is a return of monies paid and since you did not pay $864 and change, they could not actually refund you that much money) you are not understanding or telling here.

If it was a grant or gift, barring it being solicited by using fraud, it would be yours. Since you labeled it a refund, if it was in error, they have all rights to demand the repayment of the refund.

 

[jgm2602]

Sorry for reposting, I felt I had initially placed it in the wrong category.

I was doing some reading, could the school having given me this refund count as a promise they made to me (that I would have these funds to spend)? Could I not argue promissory estoppel that even though they made this without consideration that they must uphold it. Even if they made a mistake in giving this refund, I have acted on their promise (that these funds were now mine), and now having acted on this promise of having these funds, the school is putting me at a detriment by requesting them back.

 

[Proserpina]

Sorry for reposting, I felt I had initially placed it in the wrong category.

I was doing some reading, could the school having given me this refund count as a promise they made to me (that I would have these funds to spend)? Could I not argue promissory estoppel that even though they made this without consideration that they must uphold it. Even if they made a mistake in giving this refund, I have acted on their promise (that these funds were now mine), and now having acted on this promise of having these funds, the school is putting me at a detriment by requesting them back.

I think you're seriously reaching, and the school will win this one.

(Assuming this IS a refund in error)

 

[sandyclaus]

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

To whom it may concern,

I am a student paying in state tuition at a public college in the state of Virginia. Although I am on Federal loans (both subsidized and unsubsidized), it has been a difficult process to pay my own way through college. Before the beginning of the semester, my total charge for tuition and fees that I owed was about $618. I signed up to pay this (and a small interest fee) over two payments, the first due immediately and the last due in march. I paid the first payment and preset interest leaving a balance of $309.00 to be paid. These were the only charges on my entire account left to be paid. Since then, I have not changed my credit load.

Shortly after this transpired, I received a "refund" check for $824.25. They just sent this to me in the mail, as I had not asked for it. It was a simple check to be deposited and came with no contract or instructions indicating they wanted the "refund" back. Now weeks later they are charging me the balance of the "refund" they gave me. Is this legal?

As I understand, when money is freely given (by a legitimate institution) and not labeled as a loan or given with paperwork to sign indicating that it must be paid back, there is the assumption and tacit agreement that the money is yours. You are not obligated to give them something back that they freely gave you. Is this some sort of "breach of contract" since they broke a tacit agreement or didn't have any agreement to begin with to ask this back of me. The charge on the account (which occurred some time after they gave me the refund) even admits that they are charging me for this refund. Can they do that? Is there some precedent or law I can use to argue against paying this. Any advice would be greatly appreciated, thank you.

Signed,

A frustrated student.

If this money didn't come to you as a refund for an overpayment of some sort, it HAS to have been a mistake. That would be the only explanation for why the school is now asking for the refund to be returned.

You knew it wasn't owed to you for your current credit load (as you had a balance due of $308 yet to be paid). If it was a legitimate refund, don't you think that the school would have applied part of that money towards your current balance first, and then given you an accounting saying so?

There is most definitely a big piece missing from the puzzle. You claim they never gave you any documentation, no contracts, nothing that stated what the money was for. I'm not buying it, especially given the fact that the school is now demanding it back. The only logical explanation is that they may have given you back money belonging to another student in error, which SHOULD have been reflected on documents included with that payment.

I suggest that you contact the school (or whomever gave you this alleged "refund" payment) and confirm exactly what it was intended for, so that when you pay it back you'll know exactly why.

 

[ecmst12]

You are not entitled to profit from someone else's mistake. If you were never entitled to that money and it was sent to you in error, of COURSE you have to pay it back.

 

[Humusluvr]

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

To whom it may concern,

I am a student paying in state tuition at a public college in the state of Virginia. Although I am on Federal loans (both subsidized and unsubsidized), it has been a difficult process to pay my own way through college. Before the beginning of the semester, my total charge for tuition and fees that I owed was about $618. I signed up to pay this (and a small interest fee) over two payments, the first due immediately and the last due in march. I paid the first payment and preset interest leaving a balance of $309.00 to be paid. These were the only charges on my entire account left to be paid. Since then, I have not changed my credit load.

Shortly after this transpired, I received a "refund" check for $824.25. They just sent this to me in the mail, as I had not asked for it. It was a simple check to be deposited and came with no contract or instructions indicating they wanted the "refund" back. Now weeks later they are charging me the balance of the "refund" they gave me. Is this legal?

As I understand, when money is freely given (by a legitimate institution) and not labeled as a loan or given with paperwork to sign indicating that it must be paid back, there is the assumption and tacit agreement that the money is yours. You are not obligated to give them something back that they freely gave you. Is this some sort of "breach of contract" since they broke a tacit agreement or didn't have any agreement to begin with to ask this back of me. The charge on the account (which occurred some time after they gave me the refund) even admits that they are charging me for this refund. Can they do that? Is there some precedent or law I can use to argue against paying this. Any advice would be greatly appreciated, thank you.

Signed,

A frustrated student.

You know what they say about assumptions.

You should have asked what it was for. Now, give it back to them. You will lose this one.