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Tution Debt

Date: Tue, 05/29/2012 - 16:05

Submitted by anonymous
on Tue, 05/29/2012 - 16:05

Posts: 202330 Credits: [Donate]

Total Replies: 5

Tution Debt


A collection agency has sent me a "debt validation" (per se) showing a balance unpaid that originated from a college I attended in PA, in 1976. It has my name, a "charge-off/bad debt" of $419.97 out of a $875.00 balance allegedly owed, and an account status of "inactive." I entered the military in 1977, retired in 1992 and have not been back to that state since 1977. My grandparents, now both deceased were responsible for paying that debt off, as it was my grandfather that wanted me to attend college. I didn't even complete the first semester. This "debt validation" paperwork was sent to my residence in response to a FDCPA 15 USC 1692c(c) advisement I sent them in order for them to stop calling my residence. In that letter I made the statement "If you believe I owe you something you should have already validated the debt." Am I resposnible for this debt after 36 years...???


With all due respect to your status as an expert, I was not aware of this debts existence until today when I received the so-called DV that I didn't request. I had simply made the statement that if they were legitimately attempting to collect a valid debt - that they'd have already sent a DV - BEFORE the phone harassment campaign IAW the FDCPA. Further, after I specifically notified the CA by certified letter that I didn't want any more contact from their agency ("in writing" also being specified as a method of contact I didn't want in my advisement) - they write a letter - again trying to collect a debt I don't believe I owe. I took steps 35 years ago to pay that debt through a $75.00 dollar government allotment to my grandfather every month for almost 16 years. What Pop did with the money that totalled over 13,000 dollars I can't say, but I believe I'll take my chances with the courts because I can prove by leave/earning statements that I paid Pop..., but I don't believe after the time elapse (36 years) that they can even legitimately sue, garnish, or take tax refunds. Thanks for your input...


lrhall41

Submitted by anonymous on Tue, 05/29/2012 - 17:20

( Posts: 202330 | Credits: )


Quote:

With all due respect to your status as an expert, I was not aware of this debts existence until today when I received the so-called DV that I didn't request. I had simply made the statement that if they were legitimately attempting to collect a valid debt - that they'd have already sent a DV - BEFORE the phone harassment campaign IAW the FDCPA.

The collection agency would have sent a notice upon placement...that is all they are required to send.
Quote:

Further, after I specifically notified the CA by certified letter that I didn't want any more contact from their agency ("in writing" also being specified as a method of contact I didn't want in my advisement) - they write a letter - again trying to collect a debt I don't believe I owe.

So, you made a statement saying you wanted debt validation and then cease and desist them??
Quote:
I took steps 35 years ago to pay that debt through a $75.00 dollar government allotment to my grandfather every month for almost 16 years. What Pop did with the money that totalled over 13,000 dollars I can't say, but I believe I'll take my chances with the courts because I can prove by leave/earning statements that I paid Pop..., but I don't believe after the time elapse (36 years) that they can even legitimately sue, garnish, or take tax refunds. Thanks for your input...

This is sounding like a goverment student loan and you have no proof that you made any payments, correct?? No receipts made to your lender? No paid in full letter?? You dreaming if you think any court would rule on your side.

And yes, if this is a government student loan,they can garnish your wages and social security WITHOUT a court order.


lrhall41

Submitted by SOAPLADY on Tue, 05/29/2012 - 17:34

( Posts: 17315 | Credits: )


This is absurd...It is a CA that has overstepped its legal boundaries...36 years after the fact...They never placed anything to begin with...simply called my home for 4 months straight... until I demanded they quit...as an addendum to that advisement IAW the FDCPA, I simply commented that had they been a legit company to begin with...the DV would have come before the telephone harassment campaign....They used the comment to suggest I was requesting validation of the debt at that time - WRONG - It's too late now. The school in question was a first a private school...which became a public school in 1980 (4 years after I left)... so I don't know how the debt would be considered private or public...it is a moot point at this juncture...I enrolled by my grandparents who were "...footing the bill..." if you will. I diddn't sign a promissary note or make any oral contract - period. The debt was tution, room board, telephone, & university center charges. This WAS NOT a government loan or debt. When I quit college I went immediately into the military...My understanding was the grandparents were paying the bill....I sent them a paycheck every month ($75.00) - it's called a government allotment taken from my military pay paid directly to them! I paid my grandparents that allotment until I retired in 1992...I have since through another univeristy received my BS & all course work completed for my MS...I owe student loans currently ough Sallie Mae which I'm faithfully paying off... I didn't think this was that hard of a question... Again - I'll take my chances with the courts...thanks for the help...no response is necessary...but I'm amused at the typs of "experts" out there...:D


lrhall41

Submitted by anonymous on Tue, 05/29/2012 - 18:21

( Posts: 202330 | Credits: )


Quote:

The school in question was a first a private school...which became a public school in 1980 (4 years after I left)... so I don't know how the debt would be considered private or public...it is a moot point at this juncture...I enrolled by my grandparents who were "...footing the bill..." if you will. I diddn't sign a promissary note or make any oral contract - period. The debt was tution, room board, telephone, & university center charges.
The student is the responsible party for the debt, not the parents or grandparents. You would have signed an enrollment agreement which binds you to all accounts receivable.
Quote:

This WAS NOT a government loan or debt. When I quit college I went immediately into the military...My understanding was the grandparents were paying the bill....I sent them a paycheck every month ($75.00) - it's called a government allotment taken from my military pay paid directly to them!
Tuition and room and board is due the term you attend, schools do not bill which implies their was some sort of loan agreement. The loan agreement would have been in YOUR name, not theirs.

Quote:

I paid my grandparents that allotment until I retired in 1992...I have since through another univeristy received my BS & all course work completed for my MS...I owe student loans currently ough Sallie Mae which I'm faithfully paying off... I didn't think this was that hard of a question... Again - I'll take my chances with the courts...thanks for the help...no response is necessary...but I'm amused at the typs of "experts" out there...:grin:
Ok, smart ass, you obviously know it all. Why bother asking questions when you know it all??? Good luck when your social security gets garnished without taking you to court.


lrhall41

Submitted by SOAPLADY on Tue, 05/29/2012 - 18:54

( Posts: 17315 | Credits: )