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payment plan agreement an 'original signed contract'?


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Hi All,

First, this is my first post, but I have been surfing through these boards obtaining wonderful information from everyone, and I thank you for your insight. I am in the process of DV, and finally received a response from a Co. called Conserve regarding a debt that is outstanding from an old tuition bill from college. Here's a brief history of the DV process I've entered into: DV'd in Nov, no response. DV'd again mid Dec., no response. 2 days ago I sent a 3rd letter, outlining their violiations, haven't gotten green cards back yet--but received a letter today with the following info: Their letter states: "Enclosed is the itemization of this bill, an/or the verification of this debt which you have requested. Provided we receive full payment in our office, we will close your file without any further action."

Yeah right, like I'm sending them the money right away....

The other Doc's sent were a Payment Plan Agreement that I signed, and an itemization of the bill, which was faxed to them from the Univ.

My main question is, is this payment plan agreement a 'signed contract' from me? There is no mention of amount of money owed on it, just an agreement that plans out the dates upon which I agreed to send them a check, along with the famed 'computer printout' of the bill's history. The payment plan agreement states that "The University also has the right to assess collection fees should my student account remain unpaid..." Does this prove that the collection agency has a right to collect, or that they are liable for collecting it? My feeling is that they haven't given me the proper information, but I want to be sure.

Any advice is very welcomed, thanks again in advance!

KFB

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My $.02...

The litmus test I have used when receiving DV is the likelihood it will hold up in court. By what you described, the itemization and payment agreement with your signature so far pass the test. Lack of a dollar amount doesn't necessarily make the agreement void.

The CA apparently didn't provide proof of their right to collect, but I consider receiving that a mere formality and not a "make or break" as far as deciding whether or not it's DV. You can find that out by doing a background check on their company. If they need a license to collect in your state, you can check that out too.

The only "out" I can see here is confirmed mistaken identity. In that case, your next move is to file a police report at your local station. Then, submit that report to the OC, CA, and CRA.

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