I am in the process of trying to get a refund from a debt settlement company that I signed up with. They are refusing to give me a refund of the fees (big surprise). The fees were calculated by taking the total amount of debt owed times 15%. However, they have never settled ANY of my accounts. While talking to the company regarding a refund, I noticed that in the original contract that was signed with them, my student loan was included in the amount. AFTER signing the contract, the company informed me that could not be included because it was a government loan. When I brought this to their attention, they said they sent me paperwork with these changes but never received anything back from me. I never received anything from them regarding changes or amendments to the original contract.

My question is: Are they in breach of contract? If there is a change made to a contract that has already been signed, does this have to be done in writing and does it need to be signed off on to approve the changes? I and the company are in the state of Texas.

If they never settled ANY of your debts they are in breach. But if your only issue is the student loan, then I think you would lose.