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  1. #1
    Join Date
    Feb 2011
    Posts
    5

    Default Contractual Obligation to Repay Scholarship Money

    My question involves collection proceedings in the State of: Mass or MD

    I left the school due to the administration asking me to cover up a sexual assault and could no longer safely attend. Thus I technically left without completing my program which was a condition of my scholarship. A junk debt collection agency is sending letters and calling and Im wondering whether they can sue. Here is the agreement in its entirely with only the names blanked out. Nowhere does it state that the debt can be sold but specifically mentions that the terms and conditions are to be determined by the school many years ago which they did not. When I left the school, the president of the school verbally stated that I owe nothing, freely gave me my transcripts, and sent me a letter offering a few thousand dollars for property damage that occurred during the troubled times. I was not guilty in anyway and did not want to leave the program but the school and I agreed it was best. How or why the junk debt dealers got my account I dont know. Thank you.

    ----
    I, *****, hereby declare and agree that I intend upon my graduation or departure from ***** to work on a full time basis for one or more of the ***** for a period of six months for each year during which I receive this scholarship. I understand actual work opportunities will be coordinated with ***** depending on the needs of *****. I further understand graduating students will apply for positions through normal employment processes and will compete with all other applicants for those positions.

    I agree that I must maintain a gpa of 3.00, maintain a full time student status as defined by *****, remain a student in good standing and complete both federal and institution financial aid applications on timely basis each year in order to be considered eligible for addition scholarships awards.

    I further agree that if I fail to work for ***** for the required period I shall reimburse ***** for all funds that I have received and/or have been applied toward my education through the ***** scholarship program. These funds shall be deemed a loan that I will be obligated to repay upon terms and conditions to be determined by ***** at that time. I recognize that ***** retains the right to waive or defer all or any portions of any amount deemed to be a loan.

    Signed and sealed ***** 2003
    Witness *****
    Witness *****
    President *****

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Contractual Obligation to Repay Scholarship Money

    If you have proof that the person who said that you "owe nothing" made that representation, that they were referring to obligations that included this contract, and that they had the authority to make that representation in relation to this contract, you can use that proof as a defense against the debt. You have not told us who issued the scholarship - if it was the school or some third party.

  3. #3
    Join Date
    Feb 2011
    Posts
    5

    Default Re: Contractual Obligation to Repay Scholarship Money

    A third party, not the school issued the scholarship. The two lines in italics in the contract refer to by name the school setting the "terms and conditions" "at the time" of my removal from the program and that the money is owed to the school, not the scholarship company. 8 years ago upon my removal from the program the school did not set the terms and conditions as the contract states they had to. The debt buyers bought my info when the scholarship company went out of business. If the contract states that I owe the school and the school determines the terms and conditions, how can the debt company say that I owe them since they got my info from buying the scholarship company file, while the contract states I owe the school, not the scholarship company? The contract is specific in that only the college determines if it becomes a loan and only the college sets the terms. The college didnt sell my info, the scholarship company did, yet I dont owe them, I would owe the school as the contract states.

    The person who verbally stated that I owe nothing was the same president of the school who signed the contract, freely gave me my transcripts, and sent a letter to my lawyer offering me money for damaged person items. Whether I can prove what he said I dont know. Ive had no contact with them for 8 years as per our agreement and have no idea if the same president is still there and if he even remembers me.

  4. #4
    Join Date
    Feb 2011
    Posts
    5

    Default Re: Contractual Obligation to Repay Scholarship Money

    Does anybody think I can be held responsible by the junk debt company who got my info from the scholarship company when the contract refers to the college as the one I would owe and the college setting the terms? The contract only has 3 lines referring to repayment all mentioning the college as the one I would have to deal with not the scholarship people or who they sell too. My lawyer is on vacation this week and I'm going crazy with anxiety. Thanks.

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