mrslama

Williams & Fudge Collections.. Am I on the right track?

Recommended Posts

Hello,

 

What a great forum. I have been looking it over for about 5 weeks now and researching what I can and trying to search for my answers ..

 

Here's a brief history of my story/problem.

 

My husband was attending a really crappy tech school, they gave us a private loan through them. My husband stopped going to this school. They are trying to bill us for the whole time of the program even tho he went only half way. While he was still in the program (right as he was getting ready to quit) I asked the school for a breakdown of what we owe so I can dispute it. The financial aid office and business office  told me they offer no such breakdown and were just clueless and rude.  At that point I decided to stop talking to them and deal with it if it went on to collections. My train of thought was they would not have enough records to fight me back on this. 

 

Ok a year later we received our first collection letter dated 7/18/2014 from Williams & Fudge, LLC. I came to this website and researched what to do, at that time I sent a DV letter (the template I found on here under samples). I did send it CMRRR, it was signed for by them on 8/15/2014.

 

I received no response at all from the CA. The calls had stopped. Well yesterday I went to draft up my follow up letter to the DV. I pulled my husbands TU report and saw the CA had reported him for the first time on 9/17/2014, so after they signed for the DV letter. AND I couldn't believe it but the phone calls started back up as I was researching what to do next, what a coincidence! I know it is a violation to report on his credit until they validate the debt.. Anything else I should take note of?

 

After sending the DV from this site, I have learned the form I used may have too much mumble jumble, so I am not really concerned they started calling again, I am concerned they are now reporting to his credit for the first time without validating the debt. The OC never reported it to any of the 3 bureaus, I had pulled all 3 of those before drafting the DV. I was only able to pull TU for free yesterday so I am not sure if they have reported on EQ and EX since.

 

So besides the DV follow up letter, is there something else I should do at this point?

 

Thanks so much 

 

I am in California

Share this post


Link to post
Share on other sites

@mrslama

 

You need to read the contract.   See if it references what happens if the student stops attending.   There's a possibility that unless they breached the contract in some way, you could be liable for the entire amount because it was your husband's choice to quit.

Share this post


Link to post
Share on other sites

yes, we can not get access of that contract. I had tried that with the OC before asking for a breakdown of what we are being charged for. I was told there is no breakdown of what I am owed and they would call me back with a copy of the contract, they never did. I am currently researching  disputing that mess with the regulatory board that handles trade schools

 

however I need to fight with the CA agency in the meantime 

Share this post


Link to post
Share on other sites

Here is the problem with any advanced schooling outside of the mandatory public education and it does not matter whether the school is private or state run:  once you enroll there is a specified time period that you have to withdraw without a financial penalty and it is usually VERY VERY short i.e. one week no more than one month after the semester starts.  Once that time period expires you are bound to pay for the entire semester.  

 

Many many students make this mistake assuming that if they just stop attending that they do not have to pay and that is NOT the case at all.  Most students don't even know what the drop date or procedure for formally un-enrolling from the program is.  Private programs are worse than state run colleges because typically those contracts state that once you enroll you are obligated for the entire program not by the semester. 

 

They are not required to itemize how they came up with the charges.  The details are in the contract which your husband should have kept a copy of.  NEVER EVER enter into a contract you do not get a copy of.

 

The courts are divided on whether reporting a trade line is collection activity as it is not communication with the consumer.  Until there is a definitive ruling from SCOTUS the courts in CA may or may not agree with you should you try to pursue a violation for it.  The reality is they can report this debt for 7 years from his date of default on the tuition.  

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.