Log in

View Full Version : Bad Contract


smoove_tu
Jun 23, 2007, 08:53 PM
I enrolled to this school called techskills in Cleveland Ohio. Before I was able to enroll I signed a contract with EFS (A Loan Company). EFS is a loan company through the school. I decided that I know longer want to attend the school. I have not been. I also wrote the school a letter and told them that I want to this enroll. The loan company said that I can get out of the loan, if the school calls them tell them that I am no longer a student. So, I spoke with someone at the school, and they told me that I have to continue making payments on the loan and that I can not get out of the contract. They said that if I get out of the contract I still would have to pay for the loan. The school said since I am not attending that they can let me have a leave of absence. But they will not completely this enroll me. EFS is calling and it is effecting my credit. They keep documenting and sending notes to the school that I no longer want to attend the school because of financial reasons, but the school does not respond to them. EFS and I both are waiting for a resonse from techskills.

So, what should I do? How can I get out of this loan?

Fr_Chuck
Jun 24, 2007, 05:53 AM
You need to read the physcial contract you signed when you enrolled in the school.
Normally if you do not quit within the first week or some short time frame you loose most of the fees.

And yes this is almost normal or standard, if you quit and borrowed money for the school, you still have to pay the loan.

It is just like paying them in full at the start of the school, you don't get your money back after a certain point.
You need to look at your paper work and see what that point was, and what was required as notice

smoove_tu
Jun 24, 2007, 06:34 AM
You need to read the physcial contract you signed when you enrolled in the school.
Normally if you do not quit within the first week or some short time frame you loose most of the fees.

And yes this is almost normal or standard, if you quit and borrowed money for the school, you still have to pay the loan.

It is just like paying them in full at the start of the school, you don't get your money back after a certain point.
You need to look at your paper work and see what that point was, and what was required as notice

I looked at the contract and really is not specific. Although it does mention that I agree to pay the loan. Do you think that they will allow me to cancell the contract and pay for the classes that I took. Because I signed up to take a year worth of training, but I only took two of the 8 classes that I was suppose to take? I just could not learn that way way. They had me believe that one would get a lot training and specials training sceccions, but all I did was learn on my own. It was not the school that I thought it would be. After the third month I decided it was not for me.

excon
Jun 24, 2007, 06:55 AM
Do you think that they will allow me to cancell the contract and pay for the classes that I took. Hello smoove:

That is exactly what you're trying to do, and they're NOT letting you do that. Or, did you propose it to the school?? Why don't you do that?

Therefore, in my view, you have two choices: (1) Get heavy with them by threatening to sue them, or (2) make the payments.

excon

smoove_tu
Jun 24, 2007, 07:19 AM
Hello smoove:

That is exactly what you're trying to do, and they're NOT letting you do that. Or, did you propose it to the school??? Why don't you do that?

Therefore, in my view, you have two choices: (1) Get heavy with them by threatening to sue them, or (2) make the payments.

excon

I just thought of that proposal. I didn't propose it to them yet. I didn't know if would but a good idea. So, I will do that. If they say no I will threaten to sue. How do I treathen to sue, and what will I sue them for? How do you think that they will respond?

excon
Jun 24, 2007, 07:39 AM
Hello again, smoove:

Look, I'm a black and white kind of guy. This is either going to be nice (2), or it isn't (1). How are they going to respond to threats?? They're not going to like it one bit. How are you responding to having to pay all this money for stuff that you're not getting?? I'll bet you don't like it one bit either.

So, either keep it nice and pay them what they want, or be prepared for a fight. I don't know who is going to win the fight. THAT, as the Padre said, will depend on your contract and your loan documents.

But, it ALSO might depend on how willing they are to fight you over it. I don't know if they are. Certainly as long as you're just kind of nice to them, they're not worried.

I don't know how much money we're talking about here, so I don't know if it would be worth it to sue. It certainly might be worth it to THREATEN to sue, and that just might take a letter from some powerful attorney, and he might write one for a couple hundred dollars.

Go for it. Kick some school butt. I hope you win, but there are no absolutes. However, the better your lawyer, the better your chances.

excon

smoove_tu
Jun 24, 2007, 07:50 AM
Hello again, smoove:

Look, I'm a black and white kinda guy. This is either going to be nice (2), or it isn't (1). How are they gonna respond to threats??? They're not gonna like it one bit. How are you responding to having to pay all this money for stuff that you're not gettin??? I'll bet you don't like it one bit either.

So, either keep it nice and pay them what they want, or be prepared for a fight. I don't know who is gonna win the fight. THAT, as the Padre said, will depend on your contract and your loan documents.

But, it ALSO might depend on how willing they are to fight you over it. I dunno if they are. Certainly as long as you're just kinda nice to them, they're not worried.

I dunno how much money we're talking about here, so I don't know if it would be worth it to sue. It certainly might be worth it to THREATEN to sue, and that just might take a letter from some powerful attorney, and he might write one for a couple hundred dollars.

Go for it. Kick some school butt. I hope you win, but there are no absolutes. However, the better your lawyer, the better your chances.

excon

Thank you for you advise.

The amount is $8,000.

I will fight it because the problem is that it is affecting my credit, and I am in the process of getting a police job and bad credit might affect me in the process.

If I pay the loan I might as well attend the school. I know longer wan the schools services. The contract is unfair because you have to pay for services that you have not used. It seems that if contract is unfair the contract should be void.

I will contact an attorney on Monday.

smoove_tu
Jun 24, 2007, 07:57 AM
Thank you for you advise.

The amount is $8,000.

I will fight it because the problem is that it is affecting my credit, and I am in the process of getting a police job and bad credit might affect me in the process.

If I pay the loan I might as well attend the school. I know longer wan the schools services. The contract is unfair because you have to pay for services that you have not used. It seems that if contract is unfair the contract should be void.

I will contact an attorney on monday.

You know what is weird about this loan. Normally when you sign up for the loan the money is visible. Like when I obtained my bachelors. I got student loans, and the money that I did not use went to me in the form of a refund check. It seems as if the school took the access money, and want me to pay back the money that the spent from my loan.
I don't that is just weird to me.

Fr_Chuck
Jun 24, 2007, 08:16 AM
This is very very common with non public schools, truck driving training, you sign up and I think if you don't drop out within 3 days you owe 1/2 and if you do a certain amount of classes you owe all of it.

And with online schools, if you don't take the classes you still pay.
And most have contracts that say that. It may not be fair, it may not be the moral thing but if you signed and agreed to pay if you went or if you droped out, you will end up paying,

smoove_tu
Jun 24, 2007, 08:25 AM
This is very very commom with non public schools, truck driving training, you sign up and I think if you don't drop out within 3 days you owe 1/2 and if you do a certain amount of classes you owe all of it.

And with online schools, if you don't take the classes you still pay.
And most have contracts that say that. it may not be fair, it may not be the moral thing but if you signed and agreed to pay if you went or if you droped out, you will end up paying,

I think that is wrong. Well I threathened to take legal actions against them. I told them that I will pay for the classes that I took or take legal actions against them, how do you think that I will fair?

Fr_Chuck
Jun 24, 2007, 08:44 AM
Your threats will not mean anything if the contract says you have to pay for the full set of classes. You are obligated to pay exactly what the contract says, Law is not "fair" law is just that agreements, if you agreed to pay them even ifyou stopped taking the classes, then it is only fair, you do what you made a legal contract to do.

Is it morally fair, no, but that has nothing to do with the law.