Long-time reader, first-time poster to the board. I have an issue here. My hand is reaching for the checkbook but â?? the part of my brain that reads and retains the great information on this board is screaming: â??NOOOOOOOOO!â? (Not just yet, anywayâ?¦) My problem is a University tuition bill that I just received in the mail. I took classes back in 1999. This came out of the blue. Since I had serious health issues around the time it would have originally arisen, I have to assume it was unintentionally over-looked. So, I decided to do a bunch of detective work on my end. In the past 2 years I have become VERY anal-retentive about record keeping and archiving. Needless to say, I was NOT that way when this charge would have originally been incurred, but even then I was hesitant to throw away any old papers that did not fall under my definition of â??Junk Mailâ? (AKA: the â??just throw it in the boxâ? method of archiving). For the past week, I have ripped apart my basement looking for old records and found something interesting in comparison to what they sent me. Here is the ORIGINAL bill that I found AND the â??JUST RECEIVEDâ? one from about a week ago: ORIGINAL TUITION BILL (from 1999): Statement of Account as of 8-22-1999 Account balance as of last statement: $632.34 Summer Term 99-3 transactions since last statement: 8-21-1999 Late Fee: $15.00 Account Balance: $647.34 Amount Due: $637.34 Due date: 9-17-1999 (Nothing more ever received from them â?? then 4+ years later here comes the following): TUITION BILL â?? JUST RECEIVED (Dec 2003): Statement of Account as of 12-20-2003 Account balance as of last statement: $632.34 Summer Term 03-3 transactions since last statement: 6-28-2003 Written Off Charge: ($647.34) 6-30-2003 Reinstate Written-Off Account: $647.34 Account Balance: $647.34 Amount Due: $637.34 Due date: 1-17-2004 It may be relevant to note, I live in MASS now and this University is located in PA. Also, this is NOT on any of the 3 CRAs as of this current month (DEC) -- I just viewed all three reports. Yes, the bill is from what would be called the OC here. I have no idea how to interpret this. I want to pay it, since through my own efforts in looking through MY own paperwork, it appears to be legitimate and owed. However, this weird thing about â??Written Offâ? on 6-28 and then â??Reinstateâ? thing dated only TWO DAYS LATER, kind of has me wonderingâ?¦ what the hell is this? Among my questions would be the following: 1. Are they re-aging this thing on the bill? 2. Do I get a written agreement from them BEFORE paying to have them NOT put this on my credit? 3. Is this past SOL? 4. Can you dispute the OC dates or the bill (and buy time) even though they are threatening a $50 late fee if payment is not received by the due date? 5. What the hell does "Reinstate" mean in this instance??? Or insert your question hereâ?¦ I would appreciate ANY and ALL input and suggestions on this before my check-writing hand wins out over my brain (i.e. just paying the damn thing and praying nothing happens). I just want to do the right thing without shooting myself in the foot. Itâ??s amazing that you can read on this board for over a year, yet still have that one issue that you look at with all that knowledge and go WTF??!?!? Like you lose the ability to see it as clearly when you canâ??t be objective. Subjective as all hell, and appreciating the anticipated responses, --Wenchcake
Tuition Enigma!!! I suggest that you use the general concept of promissory estoppel to avoid having the debt reinstated. If you make a payment on the debt, the creditor can argue that you owe the entire thing including any interest. After all, if they reinstate a written off debt, what is to keep them from reinstating 4 years of interest? The notion of promissory estoppel holds generally that you suffered legal detriment by their failing to pursue the debt over the last four years. Their failure to pursue is an implied agreement on their part that the debt is not enforceable for whatever reason. With regard to student loans under federal programs, there is probably no statute of limitations that applies. However, you don't describe it as a loan in your post, merely tuition that never got paid. Thus, it would seem state statute of limitations would most likely apply. Usually, there is a 3 years S.O.L on consumer debts. Of course, reporting to CRA's might go as far as 7 years from the first date of delinquency even if it is an expired debt. So, it might after all be in your best interest to work out some written arrangement before paying it. However, make sure you always dispute the enforceability of the debt and state in any correspondence with them that you make payments and enter into discussions under protest and without waiving any rights under the voluntary payment doctrine or any other such legal theory.
