View Full Version : Unfair debt collection from my ex-company
abc2004
Jan 30, 2009, 03:19 PM
Hi experts. I have very painful situation. Please help me. Here is the story:
I left my company, but now my company asked back for the tuition reimbursment which I used last year and they said it is company police, but I never awarded about it. The total amount is about 20k. And now it is sent to collection. Could you advise me what to do next? (I have already talked with my company and they told me I need to talk with collector. ) Any best solution for me? I have to pay it? If so, how I can avoid any fees involved or possible to reduce the payment. Please advise. Thank you to rescue me and God bless you
JudyKayTee
Jan 30, 2009, 03:21 PM
Hi experts. I have very painful situation. Please help me. Here is the story:
I left my company, but now my company asked back for the tuition reimbursment which I used last year and they said it is company police, but I never awared about it. the total amount is about 20k. and now it is sent to collection. Could you advise me what to do next? (I have already talked with my company and they told me I need to talk with collector. ) Any best solution for me? I have to pay it? If so, how I can avoid any fees involved or possible to reduce the payment. please advise. thank you to rescue me and God bless you
What Country? There should be an employment agreement that covers this. What does it say?
ScottGem
Jan 30, 2009, 03:29 PM
As noted, the tuition reimbursement plan has specific provisions. Often there are rules about paying back the reimbursement if you leave the company in a certain amount of time Why should a company pay for your education then have you quit and use it at some other company.
You need to negotiate this out with the collection agency.
abc2004
Jan 30, 2009, 03:53 PM
Thank you very much for your prompt response. I highly appreciate it and very helpful. Could I know how to negotiate with the collector? By phone or by letter? I searched the web and some say it is foolish by phone. How do you think? Thanks
ScottGem
Jan 30, 2009, 03:57 PM
You can try by phone, but make sure any agreements are in writing.
abc2004
Jan 30, 2009, 04:24 PM
Thanks a lot. That is really helpful. Exactly I was forced to quit and I don't have any job yet. Do you think I can negotiate with the collector on deduction or waive of the total amount for this situation? Thanks
JudyKayTee
Jan 30, 2009, 04:29 PM
thanks a lot. That is really helpful. Exactly I was forced to quit and I don't have any job yet. Do you think I can negociate with the collector on deduction or waive of the total amount for this situation? thanks
My feeling is that you had an employment agreement or contract and are bound by its terms, the same as any other contract.
I can guarantee they won't waive the bill. Negotiate - possibly but if there's a contract, they don't need to do that.
abc2004
Jan 30, 2009, 04:38 PM
My feeling is that you had an employment agreement or contract and are bound by its terms, the same as any other contract.
I can guarantee they won't waive the bill. Negotiate - possibly but if there's a contract, they don't need to do that.
Thank you very much for your valuable advice and kindness. I will let you know the result after I talked with them. You are so smart.
ScottGem
Jan 30, 2009, 04:56 PM
They may allow you to postpone payments until you have another job. I would push for that as well as no interest accruing.
JudyKayTee
Jan 30, 2009, 05:44 PM
Thank you very much for your valuable advice and kindness. I wil let you know the result after I talked with them. You are so smart.
Please let us know and Scott's advice is very important - perhaps you can get a freeze on the interest and payments when you find employment.
As long as you're negotiating you should ask for everything that would help you. You can always take less than you request but you won't get more.
abc2004
Feb 5, 2009, 12:45 PM
Hi guys,
First OF all let me make clear. I am in USA. It is about 10k not 20k
I talked with someone from the collector yesterday and she asked me to fax my grade to her and I asked her that is all she want and she told me "Yes". Today I faxed her grade and I called her to make sure that she got it. Later she gave the phone to another lady. The second lady asked me to pay the total amount. It seams she knows all my records. My credit card, my job situation now. Now I just got 50 minutes / week job and it is not really started. I told her that I don't have a job as I don't count this as a job --- only an hour /wk which can't make the 2 end meet, plus I am afraid she will bother my new company. She also asked me for the phone and I told her I can't afford one. I asked for more information as I really don't know the policy. She old me that after she mail it to me, I only have 7 days for it which starts from the letter sent out. I asked more time and she won't give me. I feel that there is no negotiable point here and the time is too short. Can sb gave some advice what I need to do now? Is it OK to give her my phone? Is it smart to continue negotiating this with her on the phone? I am so scared that they will record all and give me more trouble later on. Thank you for your help.
ScottGem
Feb 5, 2009, 01:04 PM
You can negotiate on the phone but any agreement needs to be in writing before you proceed with it. I would not give a work number, but you should give a home or cell number. I definitely wouldn't hide from them.
But frankly, if they proceed to try and get a judgement against you, I suspect they will succeed. However, unless you have some income or assets, there is little they can do until you do.
abc2004
Feb 5, 2009, 01:12 PM
Thank you for your advice. If I have to pay it back. The collector has a website from there I can pay them by credit card. Is it OK to do that or it is better to mail a check to them? I am afraid they will make a late charge or some kind of charge to me if the check won't mail to them on time or they say that way. Is it possible? Thanks
ScottGem
Feb 5, 2009, 01:25 PM
Its not an IF, you have to pay it back. The question is when and how. I would pay by credit card if they allow since you have a record and can dispute the charge if you find out its wasn't correct.
abc2004
Feb 5, 2009, 01:36 PM
So you mean that there is no negotiation for this. I have to pay it and pay the full amount?
If I pay by credit card, is there any way they can use my credit card to charge me again and again later? As they have all my info: credit card number, the number on the bk of my card.
ScottGem
Feb 5, 2009, 01:44 PM
I didn't say there couldn't be negotiation. You can try to negotiate a settlement. If they agree, get it in writing before you make any payment. Then, if they did try to charge your card for anything more then they agreed to you could get it reversed.
abc2004
Feb 5, 2009, 02:08 PM
How to do that. Normally the credit card company won't like to help with this. Thanks
abc2004
Feb 5, 2009, 02:10 PM
By your exp, is there any collector will try to get more from you? Or they normally do?
ScottGem
Feb 5, 2009, 02:17 PM
A collector's job is to get as much of the amount owed as they think they can. But if they accept a settlement, then they are unlikely to try and get more.
abc2004
Feb 5, 2009, 02:26 PM
Thank you very much for your help. I will update you after I talk with them again.
excon
Feb 9, 2009, 03:05 PM
Exactly I was forced to quit Hello abc:
If you were forced to quit, that may effect the validity of the loan. Before I decided to pay $10,000 I'd run it by a lawyer first.
excon
abc2004
Feb 11, 2009, 12:28 PM
Hi Expert, I am back. As I talked with the colletor on the phone last Saturday. She gave me an offer to pay 8k. At the same time, I also mailed out a validation letter. The collector promised to mail me that 8k settlement to me and she told me that if I didn't get it by Wednsday, I can call them. Today is Wedn and no that letter in the mail. What I should do now?
1. Is it good idea to call them back? (I really scared to call them as they record every sentence and it is not a good sign.)
2. At the same time I talked with my ex-employer, the rep saw that I had grade (the co policy that you must have grade and C over to get reimbursed), he had no idea why mine has gone to collection and he created a case for me. Monday a guy called me back. He told me that they don't have any contract that I signed, but they told me that I did it online which means that I clicked "agree" botton online. They won't offer me a copy of that agreement. I want to know if they sue on this, can they win? I really feel unfair about this. Not only I don't know this, the reps in our company and the one collector they all don't aware of this, because at first they all told me that after I submit my grade and I am all set. That is the only company rule that everyone knows. Plus I never and I can't use what I have learnt in my future job.
Thank you very much for your time and concern.
ScottGem
Feb 11, 2009, 12:45 PM
Well we have two issues here. First, the company policy. Most tuition reimbursement plans do require that you get a certain grade to get reimbursed. But may also have a time frame during which you must stay with the company or you have to return what they paid.
So you do need to confirm whether you have to repay or not. If the company rep says you don't then put him in touch with the collector.
As for the collector, call and tell them you didn't receive their settlement offer. Ask them to e-mail or fax you a copy.
abc2004
Feb 11, 2009, 01:16 PM
1. Here is the update. My ex-employer emailed me that contract just now which has no my signature, but they said it is co policy to repay them.
2. Can I request that settlement letter by fax not by phone? Thanks.
ScottGem
Feb 11, 2009, 01:29 PM
What you want is a written coipy signed by someone in the collection agency. A Fax or e-mailed copy is good.
abc2004
Feb 11, 2009, 01:30 PM
Let me make clear here. Grade is not an issue for me as I already submitted it when I was employed there. The only issue is to repay them as I no longer work for them.
abc2004
Feb 11, 2009, 01:33 PM
Sorry. I just saw your response. Thank you very much. I will do that.
abc2004
Feb 17, 2009, 02:51 PM
I just talked with the collector. In order to give me a settlement, they asked me send 2 letters: 1. I no longer want to dispute this. 2. I require them to send the settlement letter to me.
Could you advise what I need to do now? Is it a trick or a real settlement? After I send the 2 letters, do I still have room to negotiate with them?
I got the contract that I signed. It only states that "I understand that I am responsible for all charges for which I am not eligible under the co's policy." It didn't state that I should repay it after I left the co, but my co said that I clicked the agree button which stated that. Is this legal binding? Please advise. Thanks a lot.
ScottGem
Feb 17, 2009, 04:00 PM
First, they need to show you where on the website it states that you agree to repay. I'm sure it does, but If you clicked an agree button, then the terms must be there.
Second, I would NOT sign any agreement that you no longer dispute that you owe them until they accept a settlement.
abc2004
Feb 17, 2009, 07:56 PM
I just want to know that in this situation the collector will keep her promise to do the settlement or not? Is it just a trick by your exp?
ScottGem
Feb 17, 2009, 08:04 PM
That's why you get it in writing.
abc2004
Feb 18, 2009, 11:30 AM
I feel hoepless for this. If I pay them now, will they report this to my credit report? After the payment, how my credit report will look like for this collection? Thank you very much.
ScottGem
Feb 18, 2009, 01:01 PM
Don't know whether they will or will not report it. I would tend to doubt it though.