Collections didn't send a pre-collect letter, then lied to me

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dyesberger

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Hello! First of all, thank you for taking the time to read this and potentially offer some help.

Short version:
-I was issued a refund check that was $2000 too much
-No official documentation of $2000 debt from institution ever (but I do not dispute it-I just failed to return it in a timely manner)
-Collections letter received 1 year later asking for 33%
-No pre-collect letter ever sent
-Resolved the issue by only giving $2000 being told that it would be immediately returned to the school
-5 months later found that collections lied to me and only returned $1500 and kept 33% which equals $500
-I now owe $500 to the school, an amount that collections nor my school NEVER made me aware of
-This is 5 months past when I was told it was completely resolved
-I see no reason to pay this because collections took my money by tricking me and never told me what they did with it.

Let me outline the situation. I am a college student, so any help is appreciated, as I am very unfamiliar with such dealings. Anyways---

I was given a refund check from a summer camp in August, 2008 that was supposed to be $150 but was actually $2150. Because of the difficulty involved in getting the $150, my mother and I decided to deposit it and just return the $2000. So I contacted the school and they said to wire back the $2000. They later sent another $150 check (for the normal amount) which we shredded because we had already cashed the one prior.

Well, my mistake was to not take the urgency of the matter seriously, and as a result I never got around to wiring the money due to being in school and having trouble getting to the bank during normal hours (and of course just general unexplainable procrastination). My school never ONCE sent me an official statement documenting what I owed that would have served as an important reminder for me to get that transfer finished. So anyways, come August 2009 (1 year after the original check was issued, without a single warning from the school), I received a collections letter asking for $2,666.66. There was never a warning from the school, nor was there a warning from collections--in other words, I never got a pre-collect letter and was not prepared to shell out 33% for a debt that my school neglected to ever professionally mention.

So, the next day, I called collections and spoke with a representative who got on my case about the debt saying that "I shouldn't have spent the money" to which I responded "I still have every penny of it." She then said that in that case, she would close my case files, take the $2000 without the interest, and return it to my school and leave it up to THEM to decide if collections deserved the 33%.

I transfered the money, tried to call collections every day after that, and never received word of what happened. I got to school in September only to find that the school still hadn't received the money. I was unable to check in. So I spoke with the Financial Director, or Bursar's Office as they call it here, and she called up collections in my presence and told me then and there that it was resolved. So I went through my first semester glad to have gotten past a potentially dangerous mistake.

Now, in January, the problem is back. I couldn't check-in because the Bursar said I owed $500 (this was never revealed to me with ANY official documentation and was invisible on my statement) and now they are demanding I pay. I dealt with the lady who works with collections and she said that based on the notes from my phone conversations with collections, it said that they DID send a pre-collect letter, and they definitely did not.

So here I am stuck with a $500 additional payment to make when I was never sent a pre-collect letter or anything so I see no reason to have to pay any more. Had I been officially warned (pre-collect), I would have returned the money immediately, but I was under the assumption (based on our phone conversations) that they were acknowledging this fact and taking away the interest in exchange for my IMMEDIATE payment.

What can I do!?!?!? The up side is that the $500 is payable to my school, not collections, but the down side of that is that unless I squeeze the money from collections, collections will still have my $500 while I pay an additional $500 to my school. In essence, I'm not really dealing with collections through my school, it will be completely independent, which is why I need some advice!!!!

Questions:

If necessary can I get the phone records? In them the representative stated she would get the money back to Berklee without the interest, yet this was a lie and only $1500 of it was returned.

Also, I am unable to prove that there was not a pre-collect letter (since I never received one), is the fact that I still paid IMMEDIATELY enough to show that I clearly had the ability, but that I was merely waiting too long?

I really don't have $500 to blow, knowing that that much of my own money is in the greedy hands of a deceitful agency, FH Cann & Associates.

Please, any advice offered would be greatly appreciated.

Thank you so much!

-Devon
 
Let's be honest here. Procrastination, bank hours and being a student have nothing to do with you not initially sending the $2000 back. You were hoping someone would forget about this and you could keep the two grand.

Gail
 
So then why did I let them know that I had it in the first place? I appreciate your opinion, but know that I alerted them of my possession within a week of cashing the check informing them of the reason why I deposited that check and then I proceeded to VOID the later check. Clearly I'm not trying to scam them into forgetting.

Sure my first thoughts upon receiving the check were greedy, but I got it together within a week and did the right thing. There's just not a lot of motivation to do something without an urgency expressed by anyone else.

And regardless, I'm trying to get legal help, not personal attacks. The legalities of this situation are faulty and demonstrate a lack of any proper formal communication between myself and the respective institutions. I feel like an idiot for not just doing it quickly, but I had no long term expectation of keeping the money.

Thank you.

-Devon
 
Gail isn't attacking you

Hi Devon,
You're upset with the school and the collection agency because you did wrong. Gail is right, and you admit that you cashed a check you were not entitled to, then dragged your feet on returning the money to the school. They are not required to send you a pre-collect notice. Legally this is called "Unjust Enrichment", and granted the initial refund was a bona fide clerical error on the school's part, but they had every right to exercise all legal remedies to recover their money. If a bank gives you a $10,000.00 credit for a $1,000.00 deposit you make, then you close out the account, that is not your money just like Berklee's money was not yours. You were unjustly enriched and made no effort to return the money until the school had to call upon a collection agency to demand it back. There are consequences for taking $2,000.00 that does not belong to you, no matter your excuses. Call it like it is, you are mad because you hoped you could get away with it, but be mad at yourself for being deceitful, not the school or the collection agency.
Samantha
New Hampshire
 
Thank you for your opinion, once again. Luckily the agents at Berklee are kind enough to be working with me and with collections to get their original $500 back, understanding that it was my mistake that was only made worse by getting collections involved. I absolutely agree- there are consequences, and I've learned a lot from this situation. I would just appreciate a little more trust on my behalf. How could I possibly expect to keep the money after alerting Berklee that I had it in the first place? I wasn't trying to make the situation even more exciting or dangerous, I was just being completely honest. My excuses for not returning it afterwards are definitely lame and illustrate a general lack of motivation, but I never expected to have it to spend, otherwise I would've spent it. I knew perfectly well that they knew I had the money, so why would I try and keep it?

What the collections agency did was wrong, although I can't say I didn't deserve a slap back for waiting so long.
 
You may feel what the collection agency did was wrong, but it was perfectly legal...
 
I'm not familiar with legalities, but I'm pretty confident that saying "all of your money will be returned to Berklee" on a recorded phone conversation is binding enough. Also, they claimed to have sent a pre-collect letter one month prior (that I never received) yet never mentioned it on the phone while I denied having ever giving official notice of the debt by either Berklee or the collections agency. If this was right there in her notes, why would she neglect to say that actually, they did send me something.

The fact that collections got involved was unnecessary, and the fact that they deceivingly stole $500 is completely unjust. The representatives at Berklee agree and are trying to get their money back. If those who are trying to "stick it to me" could step out of their patronizing worldview and instead look at mere facts they would see that I didn't meet any characteristics of a debtor avoiding payment, paid immediately after making contact (if that is the case, why wouldn't I just have paid during pre-collect status?), and furthermore, was lied to. Let's be completely impersonal here: I was 100% honest (regardless of how you judge the situation) and the collections agency took that for granted.
 
WHen you paid the collection agency you should have obtained a statement indicating the debt was settled. If you did then you would be off the hook and the school could try to get more money from the collection agency if anything. Never settle a debt without receiving all the terms and agreements in writing.
 
Procrastination, I dare say not.
Rationalization, absolutely.
So, do you believe the collection agency should cough up the $500?
Never gonna happen.
You should always pay the creditor that you owe.
Never pay anyone, but the entity you owe.
Don't spend money that isn't yours.
I'll bet had you contacted someone when you received the $2k check, they'd have been happy for you to tear it up, or mail it back to them.
You knew what you should have done way back when.
This has nothing to do with procrastination or anything other than your DISHONESTY! :no:
Did you learn anything? :yes:
 
Questions:

I really don't have $500 to blow, knowing that that much of my own money is in the greedy hands of a deceitful :no: agency, FH Cann & Associates.

-Devon
Deceitful, you allege? :dunno:
The entity that erroneously sent you the $2,000, didn't have that to blow, either! :confused:

But, you eagerly and surreptitiously blew $2,000 of someone else's money.
You might want to take a course in ETHICS! :cussing:
 
Hold on a minute, everyone. I don't disagree with the responses that she did procrastinate, etc, etc. But nobody has answered her basic, underlying question, and I really am not sure on this one myself, but the unanswered question is this: The collections agency told her they were sending the entire $2,000 back to the school, then turned around and kept a portion of it anyway. I understand that they are expected to get paid, but they did lie to her.

I would contact the FTC.
 
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