Saturday, July 25, 2009

How can I dispute a debt I dont believe I am responsible for?

I have a $1,500 debt with University of Phoenix online. They lied to me on several occasions and grossly misrepresented themselves in an attempt to get me to take classes with them. I will never be able to use the credits I earned, and I dont believe I own them a cent. How does one go about disputing a debt. They have turned this matter over to a collection agency.

How can I dispute a debt I dont believe I am responsible for?
starryeye: The FTC has a ton of information. Go to FTC.com.


Hope this saves you some time..Fair Credit Billing


Have you ever been billed for merchandise you returned or never received? Has your credit card company ever charged you twice for the same item or failed to credit a payment to your account? While frustrating, these errors can be corrected. It takes a little patience and knowledge of the dispute settlement procedures provided by the Fair Credit Billing Act (FCBA).


The law applies to "open end" credit accounts, such as credit cards, and revolving charge accounts - such as department store accounts. It does not cover installment contracts - loans or extensions of credit you repay on a fixed schedule. Consumers often buy cars, furniture and major appliances on an installment basis, and repay personal loans in installments as well.








What types of disputes are covered?


The FCBA settlement procedures apply only to disputes about "billing errors." For example:


unauthorized charges. Federal law limits your responsibility for unauthorized charges to $50;


charges that list the wrong date or amount;


charges for goods and services you didn't accept or weren't delivered as agreed;


math errors;


failure to post payments and other credits, such as returns;


failure to send bills to your current address - provided the creditor receives your change of address, in writing, at least 20 days before the billing period ends; and


charges for which you ask for an explanation or written proof of purchase along with a claimed error or request for clarification.


To take advantage of the law's consumer protections, you must:


write to the creditor at the address given for "billing inquiries," not the address for sending your payments, and include your name, address, account number and a description of the billing error.


send your letter so that it reaches the creditor within 60 days after the first bill containing the error was mailed to you.


Send your letter by certified mail, return receipt requested, so you have proof of what the creditor received. Include copies (not originals) of sales slips or other documents that support your position. Keep a copy of your dispute letter.
Reply:I would challenge the collection agency to provide you proof that you signed a contract by requesting it thru the credit bureaus. Some collection agencies do not get copies of contracts and they only have a short time to produce or it must be removed from your credit report. If that does not work I would go to the Attorney General website in your state and file a complaint and have them look into the situation free of charge.
Reply:It's going to be difficult for you to prove their negligence. Most companies like that have some kind of hidden fine print. Even though you state that they lied to you on several occasions and grossly misrepresented themselves, can you prove they lied? If you earned credits with them does that mean you took the classes? And if you did take the classes didn't you know what you were taking and whether or not you would be able to use the credits? I am not trying to be the bad person here but I just want you to know that this is what the companys defense is going to be. That you knew what you were taking and you agreed to it. Keep in mind that with most online stores or universities it does not take a signature to make a contract. A lot of them are contracted by you just clicking the "register" button on their screen or the "submit" button. Most people don't read the terms and conditions either but that is where they get you. They know that people don't like to read it cause it's long and boring. I have learned the hard way to take the time to read them. There is a bunch of legal crap in there that can ultimately protect you in these cases. At any rate, good luck if you choose to dispute this. I hope you get your money back, but I have a feeling the final decision will be that you need to pay it because you took the classes therefore whether you use the credits or not you need to pay for the service provided.
Reply:Write to the credit bureau Experian, Trans Union, or Equifax. If the debt isn't in the credit bureau yet call the company involved and tell them you want to dispute the debt.
Reply:You can sue the University.





Or you can find out which government agency licenses the university and make your complaint to that agency. It might be your state's Higher Education Office. Or you could file a complaint with your state's consumer protection agency (sometimes it is part of the state Attorney General's Office.)

lilac

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