Legal Question in Credit and Debt Law in California
school ignoring obligation to pay back unused student loan
A student quit helicopter pilot training about an 1/8 of the way threw. The agreement in writing states the school will repay the loan ammount that was unused in 45 day of the student quiting.The school wont communicate and keep putting the student off -its beeen now 9 months. the bank wont help saying its on the student even though the money was paid directly to the school.The students monthly payments should be a reflect of the ammount he used but in fact reflect the entire amount. which pritty much equals a rent. what can the student do (this student is one of many many being screwed by this company. who and what can be done?
3 Answers from Attorneys
Re: school ignoring obligation to pay back unused student loan
Under the set of unfortunate circumstances, the student at issue should have an attorney send out a legal demand letter threatening court relief if the company at issue does not voluntarily remedy the matter immediately. For a free phone consultation, contact us directly today.
Re: school ignoring obligation to pay back unused student loan
Based upon the facts presented, the bank's position is likely accurate -- it is entitled to look only to its borrower (the student). The fact that the money went directly to the school is not out of the ordinary.
Essentially, it sounds as if the school is keeping unearned tuition, regardless of the circumstances. No doubt, there is a written agreement between the student and the school, and this conduct likely violates that agreement. Moreover, it likely violates California's Unfair Business Practices statute.
The student should let the school know that he/she intends to pursue the matter with an attorney, for the return of his/her tuition monies. Give the school a reasonable time period to comply and prove that the money has been returned to the lender (i.e. 7 days is sufficient). If you do not obtain satisfaction, seek out a business litigator with experience in these types of cases.
We are litigators with extensive experience in both prosectuting and defending claims arising under the Unfair Business Practices statute. If/When you are ready to proceed, please feel free to call or email. We do not charge for initial consultations. Good luck.
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Re: school ignoring obligation to pay back unused student loan
Breach of contract action. Call me directly at 16192223504.
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