Good sized story - DV or C&D after payments made?

[snotrag]

I'm in Illinois, OC is a school in Indiana, CA is in NH

(Well, if they're reading the CA oughta be able to figure out who I am now.)

This debt has been around in one form or another since 97, my parents told me a story about a scholarship gone haywire, but about a year ago I found out it was not a scholarship or a student loan, but basically an school bill with an unpaid balance for tuition, room & board, etc. (What the heck kind of debt is that? All I find are stories of student loans - that doesn't seem to help.)

A little over a year ago, I got a call from the CA (I had been getting mail from an agent of the OC before) and being as naive as I was I started paying. About a month later, I casually asked the CA to provide me with proof of the debt - nothing fancy as at the time I didn't know what to ask for. I got a computer printout of my account from 98 along with a copy of a sheet registering me for classes (my signature) & a copy of a contract I signed for a computer - (which had my signature but strangely enough was signed when I was 17 - is that even valid?) No payment history was provided.

Anyway, here's where I goofed: its been nearly a year, and I have made partial payments. A few to the OC, then a few to the CA, now I'm back to the OC simply because I feel much safer sending my $ to them - plus there's no collection cost..

I've been contemplating a C&D on the CA, just because I'm tired of his calls - and I'm not paying him . I don't see why the CA's involved if I'm paying the OC. I'm just afraid its going to kickstart the legal process. I don't want that - I just want to figure out how much I owe - and pay my debts.

I have a few questions and if you can only handle one - I know nobody's getting paid for this. Heck, I'd be satisfied to know if somebody was as stupid as I have been in dealing with this thing.

1. IF I think my debt is legit, is it even ethical to DV? Is it legal?

2. How screwed am I now that I've been making regular payments to the CA & OC over the past 9 months? How limited are my options?

3. Between my payments and the previous request for information, have I lost my right to DV?

4. Can I do a C&D on the CA? I'm already paying the OC, is that enough? Or do I have a misconception of what the C&D is used for?

5. Will my monthly payments keep me out of court long enough to amass $ for a settlement?

6. (sarcasm) Can the OC really hit me with a 1% per month finance charge and then later roll it into the "principal" send it to the CA and charge me 12% a year on top? Do they ever really want me to pay the debt, or are just looking for me to subsidize the school for another dozen years?

Thanks in advance - any opinions would be appreciated...and yes I will consult an attorney before acting or not acting on any of the advice I may or may not receive.

[codename_fortyseven]

You are dealing with slimy CA's and you worry about ethics? These are people that lift signatures, lie, and break federal law as a daily practice, and you are concerned about ethics?

I guess it depends on your view of morality. I say all is fair in love and war and if it makes me feel good, then it must be moral (thank you earnest hemmingway)

You may have restarted the SOL by making payments, but you can ask for validation at any time, I believe. Certainly no violation of the law.

Check your states laws on contract law and minors.

Monthly payments mean nothing to CA's. They only want money and if they figure a lawsuit would serve them better then they might sue.

A C/D usually means "please sue me", so I'd be careful with that. Perhaps a limited one prohibiting phone calls and requesting everything in writing.

I'd work with the OC, as they are the only person you owe money to.

[Guest]

Personally.. I would play the age card.

You cannot legally enter into a binding contract unless you are emancipated by the courts or you are over 18 years of age.

I think I would tell them that they are trying to collect an unenforcable contract as you were not 18 years old at the time that it was entered into.

Just my 2 centz

[DocDon]

I don't think SOL would work, because this sounds like a Promissory Note, which carries a 10-year SOL in both IL and IN....

nice username, btw.... LMAO

[snotrag]

Thanks guys for the input.

And thanks for the heads up on the C/D - that is most definately not the message I want to convey.

Re: SOL - yeah, I was devastated when I found IL & IN are 10 years. I'm thinking though, that at the very least only the tuition and the PC are notes.

Age - it was a direction I wanted to go, but I'm pretty sure its too late for me to disavow any debts I incurred as a minor (7 years). But now the weird thing is that the OC never signed the agreement.

I've become an addict of the subject now - I haven't stopped reading about this stuff in almost two weeks....its just plain sick.

I'm really thinking about DVing the CA - for real this time - not some half-hearted attempt from a naive kid. One one of the statements they provided it lists various charges (e.g. tuition, room & board, food plan, etc.). Can I require that they provide my signature agreeing to each of these charges and that I agreed to pay interest on each of these charges? The only two docs I have my signature on are for the computer and for the registration.

And I was sarcastic before, but now I'm genuinely interested, the OC hit me up for monthly finance charges (apparently per the terms of the registration), which brought the total up to $6500. When they sent it to the CA they said that the principal was $6500 and now they're charging interest (presumably under the same terms of the registration) on the $6500? Is that right? If it is, wouldn't they have hit me up for 6 years of finance charges?

And ya Doc, I love my username. I'm thinking about holding off on an avatar until I get a nasty cold. Mmm, wouldn't that be pretty?

[Guest]

No I don't bellieve it is too late to play the age card.

You entered into a contract before you were LEGALLY able to. It isnt a matter of proving it.

The law says you can not enter into a binding legal agreement until you are 18 years of age.

Do you think they will just ignore it if someone speeds and injures another person when they are 15 and it takes 7 years to get to a trial for damages? Think they judge is going to say.. Oh.. well it's ok that you didnt have the legal right to drive.. we'll skip that part?

Something to chew on....

[DocDon]

And ya Doc, I love my username. I'm thinking about holding off on an avatar until I get a nasty cold. Mmm, wouldn't that be pretty?

Eh, could be worse. Your username could be gottheruns.

[LynnInMN]

You cannot play the age card with educational expenses. Won't work. I had several students try. The rule is you must repudiated the education contract at the age of majority and leave school for the bill to nul and void.

1% finance charge...yup you agreed to it. If is more than likely in the student handbook.

[LynnInMN]

You cannot play the age card with educational expenses. Won't work. I had several students try. The rule is you must repudiated the education contract at the age of majority and leave school for the bill to nul and void.

1% finance charge...yup you agreed to it. If is more than likely in the student handbook.