Stupid School Is Trying To Sue Me.........

[Afra]

I am really upset with the school I attended by mail for gourmet cooking while still living with my sister . The school is called Harcourt Learning Direct and the main school is located in Scranton, Pennyslyvania. I tried their homeschooling program for gourmet cooking for 3 months but I got stuck on the math part and I am not good at teaching myself. I finally got discouraged, because trying to teach myself and calling the teachers on the phone for help doesn't really help me; I can't show them personally the problems I need help with. I dropped out back in March of last year; but I felt that they WERE NOT being fair in the payment options; I was paying them by the month for my schooling, which was $25.90 per month; if I had paid in full, it would be $698.

I NEVER knew there was a cancellation fee while I was still in the school because this was my first time in a career school ; they want more than $600 from me to drop out; I can't do anything about it because by the time they told me about the cancellation fee I was already out of the school. I see this as a mean trick and it causes me nightmares and stress . I feel they weren't being fair about the payment options and they are continuously irritating me by calling me every single day trying to get money out of me. I have explained to them my financial situation more than a thousand times already and I even wrote them a 10-page letter explaining this financial situation and why I can't pay them until I have a decent job and money again. They think I'm lying. I have told my prosecutor about this problem but she can't help me very much .

They tried to threaten me with court once but this incident never came to pass. They are having a lawyer now calling me continuously trying to get a chance to squeeze money out of me. I don't have a bank account so that they will not take advantage of me that way. I do have money; when I get money I cash it and carry it on my person. I didn't tell them what my bank account number was when I was still in the school, but I still feel uneasy about opening a new bank account. I keep having that feeling that if I do open a bank account, they will soon find out what my account number is and steal money from my account behind my back. I feel that I would then be perplexed about my balance; perplexed about why some money is missing which I hadn't taken out of my account myself. They threatened me with a lawsuit once and said that when they get the chance they would do what they said.

I am a Catholic and I know when to pay my dues. I keep telling them that if I really had money, I would be paying them, but since I don't, I can't pay them. I once asked them the question, "Where will the money you need from me come from since I have no income and no job?" That made them hang up the phone on me.

I warned them after the 10th time they called me back in March of last year (when I dropped out) that the next time they called me like that, I would hang up on them. Apparently, they didn't believe me because they still try to call me. I am furious with them, so when they call, I just hang up on them without even saying one word to them. I remember that one time I did this and they called back immediately asking me why I hung up like that. I said, "I warned you. I told you that when you call me, I will hang up on you to show you that I am telling the truth about being unable to pay you." That was the end of these annoying phone calls for a while. And now they're starting it all over again......

I AM going to gather the needed money together when I get a decent job again to pay them someday when I reach the required amount so that I can get them off my back and have some peace. But until that happens, I can't do anything and I WILL NOT open a bank account until that happens. Every check I get will be cashed immediately until that time. GRRRRRRR!!!!!!

[Afra]

I need to add here that they never told me about the cancellation fee while I was still in the school and that I never knew about it until AFTER I wanted to drop out! GRRRR!!!

[kokopuffs]

Was a cancellation fee mentioned in any of the paperwork that you signed? If not, then you don't owe anything.

Get an unlisted telephone number.

[Afra]

There was NO cancellation fee information in any paper I got from the school when I signed up with them . Stupid school ! I was told that all they care about is getting your money; they don't care about you. What exactly is going on here? This stupid event has gotten me confused and stressed out .

[Greg]

Afra, first thing: If you open a bank account, no one has access to that money but you. There is no way for a privately owned business to gain access to account numbers, unless you tell them.
Second thing: It would cost them more money to take you to court than the amount they claim you owe. This is probably the reason they keep threatening a lawsuit, but never follow through.
Third thing: The method they are using to attempt to collect would, I believe, be considered harrassment. Contact your telephone company if these calls continue.
Fourth thing (and most important): Get some help from a lawyer; there are agencies which provide free legal counsel. If they did not inform you up front about this cancellation fee, then you owe them no money.

[shroomgirl]

Ask them in writing for a copy of the contract you signed....in it there would be proof whether or not there was a cancellation clause.

They could take you to small claims court or ruin your credit IF you did sign a contract stipulating that you'd pay them.
In that case I'd make an agreement to pay them a small amount on a regular basis...it's better than bad credit.

[kokopuffs]

Greg, if she is successfully sued in small claims court and refuses to pay, a judgement can be rendered. The judgement would allow her bank to release the account infomation to the debtor. Her savings, in turn, could be withdrawn by the debtor. A legal self-help organization in Berkeley, California, called ProPer or NOLO Press, offers all kinds of texts on how to do your own legal proceedure and settlements: divorce, wills, lawsuits, small claims, traffic court to name a few.

The local public library may carry some books by NOLO Press, check there.

[ March 30, 2001: Message edited by: kokopuffs ]

[Afra]

Kokopuffs, let me ask you a question: how can I pay this stupid school when I have absolutely no money at all, either on my person or in a bank account? . How can I save up some money to pay them when I have no job and no income? That's my situation right now; that's why I can't do anything right now .

I have tried repeatedly to get a job here where I live but the employers give me an "I don't care" attitude when I tell them I really need a job and explain my situation to them. I am tired of this nonsense.

My plan is not to open a bank account even when I get a job, but when I start getting regular paychecks again, I will have them cashed immediately so that no one can steal money from my account. While I am in this process, I will gather, little by little, the money that this stupid school is demanding from me. Now I often wish I had never entered this school in the first place because they NEVER told me about the cancellation fee when I signed up; I was totally unaware of it at the time. I have learned something from this mistake and I am not going to do this again.

[Afra]

Besides, Kokopuffs, if I had known about the cancellation fee when I signed up and while I was still in the school, I would have made sure that this cancellation thing was taken care of. But since the school didn't notify me of this until it was too late-when I wanted to drop out, I feel cheated and I am on the constant lookout lest they try to steal money from me in any way (which of course they can't do right now because I have absolutely no money at all anywhere!)

[kokopuffs]

Afra, the last thing that a prospective employer wants to hear is "I really need a job". Don't say it. Instead, indicate on your resume what you can offer in terms of skills: hard worker, persistent, meticulous, good with numbers, concerned with details, you accomplished this you accomplished that... In the resume, start each sentence with an action word, i.e. verb. This may help you to land a job.

May I suggest going to the local bookstore to read a book entitled "Resumes for Dummies". Nothing insinuated. I'm older than 35 and still refer to it during a job search. It has, indeed, helped me to find a good job.

As far as the cancellation fee is concerned, it's going to cost them a lot more than $600 to collect from you IF THEY HAVE A JUSTIFIABLE LEGAL CLAIM. It doesn't sound like it to me although I'm not a lawyer. Many schools that I've attended mention a cancellation fee/early termination penalty up front. Nothing hidden. See what I'm conveying in terms of the waiting game. It's your choice.

[ March 30, 2001: Message edited by: kokopuffs ]

[Greg]

Kokopuffs, thanks for correcting me; everyday I manage to have myself reminded of how little I know!

[shroomgirl]

Afra~ I was married to an attorney for 15 years. It is your right to ask them in writing for a copy of the contract. If in fact they don't have one, request that they stop harrassing you again in writing.
KEEP COPIES OF ALL CORRESPONDANCE>
Keep a notebook by the phone and write down the date and time they call, ask for their names.

Afra,

Having had financial trouble in the past I have learned a few things. Ignoring things does not make them go away. Being upset only hurts you - not them (like it should). Be active, get those documents, don't let them put you on the defensive.

Smile! - don't complain during those job interviews. I agree with kokopuffs - show them what YOU can do for THEM. Don't tell them what you need.

If you think you really DO owe them money DON'T wait until you have it all!!! Make small payments in good faith. That makes it more difficult for them to prove that you are in default. It shows that you are trying and that they are just mean and nasty. The last thing you need to do now is make yourself look bad. Avoiding them will eventually do that.

Be sure, be strong and don't take any poop! Go get 'em girl!
CS

[kokopuffs]

Afra, what type of hearing problem do you have? What are you doing to compensate for or correct the deficiency?

To make yourself more attractive to an employer, don't mention any physiologic problem during the interview. No way. Wait until you're hired to reveal it, if you dare.

[ April 03, 2001: Message edited by: kokopuffs ]

[Afra]

My hearing is not that bad, though I do have some hearing loss. My right ear is completely deaf and I only have partial hearing in the other. I don't know what type of hearing this is called. I have a hearing aid in my left ear; it doesn't work for my right ear.

What I don't understand is that why the employers are cold about hiring me even after the work I did at the Buffett, training and supervising 14 people and doing the work of 10 people by myself most of the time. I can easily communicate if you talk face to face with me, but if you are across the room, in a noisy situation, or if you whisper or murmur, that's when I have a difficult time hearing what you are saying and trying to communicate. I don't really need to use sign language.

I don't know if you know this yet, but I was born with normal hearing and lost most of it at 6 months from meningitis. My mom told me I almost died from this and that I caught scarlett fever immediately after that. That's how I lost my hearing.