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Student loan -- I did not receive a certificate or graduate from the school

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  • Student loan -- I did not receive a certificate or graduate from the school

    have a debt collector harrasing me for a student loan for a school that closed for fraud.I did not receive a certificate or graduate from the school due to the fact that they closed while i was on internship. how can i clear this matter? thank you for your help.

  • #2
    Re: student loan

    I wish to inform you that you can first send a notice to debt collector regarding harassment and that he must stop his actions. In this regard if debt collector does not stop his actions then a complaint can be filed with FTC. Further a demand notice may be sent to college and on non payment of amount a lawsuit can be filed in court for recovery of amount spent in college fees. Further a police complaint for fraud can be done as there has been fraud.

    AFF

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    • #3
      Re: Student loan -- I did not receive a certificate or graduate from the school

      Thank you for your quick response.can i still file a police report on something that happen about 6to 7 yrs ago?

      Comment


      • #4
        Re: Student loan -- I did not receive a certificate or graduate from the school

        Originally posted by lorrydoran1229 View Post
        Thank you for your quick response.can i still file a police report on something that happen about 6to 7 yrs ago?
        The state in which you reside and/or where this school was located, the contract entered into,will determine if the statute of limitations bar;

        1. any prosecution

        2. whether or not you can file a civil claim for the fraud

        3. whether or not the collection agency can collect.

        In all likelihood, the answer would be no to all three of the above.

        But to give a definitive answer it is imperative to know the state this occurred in.

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        • #5
          Re: Student loan -- I did not receive a certificate or graduate from the school

          This state that this had occured was New York . I reside in Connecticut now.

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          • #6
            Re: Student loan -- I did not receive a certificate or graduate from the school

            The laws of the state of New York will govern the situation, it appears, since that is where the contract was entered into.

            The date of the contract is very important for this situation. For the NY state of limitations is 6 years on a written contract, N.Y. Civil Practice Laws and Rules, Section 201 et seq. That statute of limitations restricts when suit may be filed to collect a debt.

            Under the Fair Debt Practices Collection Act, first you must contest the alleged debt in writing within 30 days of being notifed by the collection agency. Second, you are entitled to require they verify the debt, request of them a copy of whatever contract they are attempting to collect on and proof that the debt was assigned to them.

            Once you get a copy of the contract, check the date carefully if you did not retain one for yourself. If the collection agency runs past the six year statute of limitations from the date of the last payment on the contract, they may not collect on it. If it is 7 years, you are in the clear. Should they sue, you can put up a defense of it being past the statute of limitations and the case should be dismissed.

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            • #7
              Re: Student loan -- I did not receive a certificate or graduate from the school

              PS; The staute of limitations in Connecticut on written contracts is the same -- six years.

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              • #8
                Re: Student loan -- I did not receive a certificate or graduate from the school

                Thank you very much for the help and information. i greatly appreciate the help.

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                • #9
                  Re: Student loan -- I did not receive a certificate or graduate from the school

                  I would like to ask should i get a lawyer,for i am not a good writter.and if i don't respond to this letter from the collection agency what can happen to me even though this is 6 years old already.

                  Comment


                  • #10
                    Re: Student loan -- I did not receive a certificate or graduate from the school

                    Depending on what type of student loan this is, it may not toll and you could be collected against until you die.
                    Due to a recent promotion, I should now be referred to as Major Obvious.

                    I would not be trying to provide information and knowledge if I did not sympathize.

                    Some days it is just not worth chewing through the restraints to face life.

                    Comment


                    • #11
                      Re: Student loan -- I did not receive a certificate or graduate from the school

                      well according to the paper work i have it states that the stafford loan payments schedule if i graduate as scheduled, i did not graduate as scheduled due to the school closing for fraud.and the payments will be due 6 months after graduation.did not graduate from the school because of closing.so there for i did not get a certificate.

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                      • #12
                        Re: Student loan -- I did not receive a certificate or graduate from the school

                        and also i did not apply for the loan thru the bank the school applied for it.

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                        • #13
                          Re: Student loan -- I did not receive a certificate or graduate from the school

                          Generally speaking, a Stafford Loan is not subject to a statute of limitations. There are certain criteria outlined for forgiveness, however, you do not appear to qualify.
                          Student Loan Forgiveness < Stafford Loans Repayment
                          Due to a recent promotion, I should now be referred to as Major Obvious.

                          I would not be trying to provide information and knowledge if I did not sympathize.

                          Some days it is just not worth chewing through the restraints to face life.

                          Comment


                          • #14
                            Re: Student loan -- I did not receive a certificate or graduate from the school

                            so what you are telling is that i have to pay for the loan.even with the paper work stating IF I GRADUATE ON SCHEDULE WHICH I DID NOT. I never received a certification. i did not complete internship because the school closed and the companies we were doing our internship said we were not qualified to do our internship because of the school closing for fraud.

                            Comment


                            • #15
                              Re: Student loan -- I did not receive a certificate or graduate from the school

                              Short answer, Yes.
                              Due to a recent promotion, I should now be referred to as Major Obvious.

                              I would not be trying to provide information and knowledge if I did not sympathize.

                              Some days it is just not worth chewing through the restraints to face life.

                              Comment

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