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My wife and I are both students at a private graduate institution. They have a policy that states that if a married couple are both taking classes, and one of them is going full-time (9 on-campus hours or more), the other spouse gets half-tuition. We have paid up fully until this upcoming semester. We just received an e-mail stating that, since the one taking the most hours fluctuated back and forth between the two of us, we should have notified them of this every semester. They have somehow calculated that we owe a few thousand more than we did previously. Also, though we didn't get it in writing, when my wife set up the plan they told her that it did not matter which of us was full time in any semester, as long as one of us was. She was also told that she should never have to set this up again. I would think that, since the semesters they're trying to charge for have already long since passed, they shouldn't be allowed to arbitrarily go back and charge us more money. Do we have any options?
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Aug 4, 2010 02:26
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Akrabbim posted:My wife and I are both students at a private graduate institution. They have a policy that states that if a married couple are both taking classes, and one of them is going full-time (9 on-campus hours or more), the other spouse gets half-tuition. We have paid up fully until this upcoming semester. We just received an e-mail stating that, since the one taking the most hours fluctuated back and forth between the two of us, we should have notified them of this every semester. They have somehow calculated that we owe a few thousand more than we did previously. Did you sign papers when you set up the plan? What do they say?
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Aug 4, 2010 02:59
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dvgrhl posted:Did you sign papers when you set up the plan? What do they say? Not that we're aware of, but I'll find out tomorrow when I talk to them. We just got the e-mail notifying us of the huge debt we supposedly have, and I wanted to get as much information as possible before speaking with them. I'm planning on making them show me exactly how they came up with this number (which, based on their past history, I fully expect to be faulty). Also, I'm planning on requesting every piece of documentation they have about their payment plans. Would they be required to keep documentation back to the point at which we started school here? Because, since I trusted them not to do something like this, I didn't think to keep such records. Is there anything else that any of you can advise, or anything you know about Louisiana and payment plans? For example, in Alabama, non-competition agreements don't matter, because those sort of agreements aren't legal there whether you sign them or not. Anything similar in Louisiana?
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Aug 4, 2010 03:35
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Akrabbim posted:Not that we're aware of, but I'll find out tomorrow when I talk to them. We just got the e-mail notifying us of the huge debt we supposedly have, and I wanted to get as much information as possible before speaking with them. I'm planning on making them show me exactly how they came up with this number (which, based on their past history, I fully expect to be faulty). Also, I'm planning on requesting every piece of documentation they have about their payment plans. Would they be required to keep documentation back to the point at which we started school here? Because, since I trusted them not to do something like this, I didn't think to keep such records. I think we have a Louisiana lawgoon somewhere, I'll ping the Lawgoon thread and see if we can get him in here, although I don't think he'll know right off the bat, and he won't provide you with actual legal advice. In general terms, if Party A offers to pay X for services, and Party B accepts X for services, then Party B can come back later and say "Oh, I meant for you to pay Y, I made a mistake" - but Party B has to show the existence of the mistake at the time of the contract, Party A may or may not have to have known that a mistake was made at the time, and Party B has to come back within a generally reasonable timeframe, etc. Party B cannot unilaterally decide, after Party B has accepted payment and the transaction is concluded, that Party A suddenly owes more money for a completed transaction in the past. I think general contract law is pretty solid on that doctrine, especially if payment was made several times under one agreement, and a while ago in the past. I would pushback on this, definitely. If they want more money out of you for past semesters, they better come up with some persuasive arguments and some good documentation. entris fucked around with this message at 03:52 on Aug 4, 2010 |
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Aug 4, 2010 03:49
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entris posted:I think we have a Louisiana lawgoon somewhere, I'll ping the Lawgoon thread and see if we can get him in here, although I don't think he'll know right off the bat, and he won't provide you with actual legal advice. That's what I was thinking. It seems to me that, since I paid for a service, that they shouldn't be able to just charge me more after the fact. If this was an item, I'd have the option to hand it back. Not to mention, since they have full access to my and my wife's schedules, they should be able to easily figure out what to charge us. They seem to be claiming that we should have kept them up to date, but I'm not sure how they have any right to say so. Also, if you could connect me with that lawgoon, I'd appreciate it. My e-mail is my username at gmail. I know he can't give me legal advice through here, but if they push back too hard, I may be willing to hire him.
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Aug 4, 2010 03:57
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Akrabbim posted:That's what I was thinking. It seems to me that, since I paid for a service, that they shouldn't be able to just charge me more after the fact. If this was an item, I'd have the option to hand it back. That's an incorrect analogy. You entered into a written contract, and the school is claiming you had certain responsibilities under that contract that you didn't uphold - which affect the amount you owe them. It's not the same as buying something at the store, and then later on they just decide to raise the price on you. Akrabbim posted:Not to mention, since they have full access to my and my wife's schedules, they should be able to easily figure out what to charge us. They seem to be claiming that we should have kept them up to date, but I'm not sure how they have any right to say so. If the contract you signed said it was your responsibility to do this, then yes they do have a right to say so. It doesn't matter if the school could also know this information without you, if the contract said you were to do it then it is on you to uphold that. I just think you need to be more realistic about the situation before you go into that meeting. You might be just fine, but since you don't know what you signed you need to be prepared for a different situation than how it seems like you are currently viewing it.
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Aug 4, 2010 05:28
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dvgrhl posted:That's an incorrect analogy. You entered into a written contract, and the school is claiming you had certain responsibilities under that contract that you didn't uphold - which affect the amount you owe them. It's not the same as buying something at the store, and then later on they just decide to raise the price on you. I understand that. If I signed something that says, "I'll pay whatever you want me to pay whenever" then I'm stuck. But as far as I'm aware, we never signed any such thing. Don't worry, I'm not planning on going in guns blazing. I just wanna know what's possible, etc, before I do.
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Aug 4, 2010 06:09
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Lexical Unit fucked around with this message at 23:15 on Mar 4, 2020 |
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Aug 4, 2010 15:34
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Lexical Unit posted:So I legally changed my name last Friday and I've been working on getting everything updated. I have a mortgage and I'd like to get my name updated with the loan company but they're saying they require "Endorsement to the present insurance policy showing your new name". What does that mean? Like, a copy of some kind of official insurance document that has my new name on it? Like any insurance? I mean, I have dental... I assume you have home owner's insurance as well?
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Aug 4, 2010 16:21
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Lexical Unit posted:So I legally changed my name last Friday and I've been working on getting everything updated. I have a mortgage and I'd like to get my name updated with the loan company but they're saying they require "Endorsement to the present insurance policy showing your new name". What does that mean? Like, a copy of some kind of official insurance document that has my new name on it? Like any insurance? I mean, I have dental...
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Aug 4, 2010 16:23
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Lexical Unit posted:So I legally changed my name last Friday and I've been working on getting everything updated. I have a mortgage and I'd like to get my name updated with the loan company but they're saying they require "Endorsement to the present insurance policy showing your new name". What does that mean? Like, a copy of some kind of official insurance document that has my new name on it? Like any insurance? I mean, I have dental... Or mortgage insurance. Did you put down less than 20%?
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Aug 4, 2010 16:27
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Lexical Unit fucked around with this message at 23:14 on Mar 4, 2020 |
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Aug 4, 2010 16:42
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An endorsement is just a modification of the insurance policy. The bank wants your homeowner's insurance to list you as the insured so that the mortgage will get paid off if your house burns down, adn they won't have to deal with the headache of you and your insurance company squabbling about who the correct insured is. Call your mortgage broker or the 1-800 number on your insurance policy and have them change the named insured to your new name. They will probably require some proof that you've legally changed your name, like a driver's license or court order. Edit: I see you don't have this information, is there anything on your mortgage that says who the insurer is? If not then yes, your title company should be able to tell you. How are you not getting a copy of your policy renewal every year? Dude, you need to know who your insurance company is in case you have a loss. Do you even know your policy limits and coverages? Incidentally you really should go through everything you have (credit cards, driver's license, voter registration) and get them changed too. This isn't difficult, it just takes a lot of time on the phone and probably a few trips to various government offices. Phil Moscowitz fucked around with this message at 16:57 on Aug 4, 2010 |
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Aug 4, 2010 16:55
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Lexical Unit fucked around with this message at 23:14 on Mar 4, 2020 |
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Aug 4, 2010 17:05
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What state are you in? Many states have legal requirements that insurance policies send yearly renewals to their insureds. Sounds like yours doesn't, though. You need to keep records of all this stuff. Your premium goes into escrow each month as part of your monthly payment--since your yearly premium is about $840 I don't think you have much coverage, but depending on the value of your house that may be enough, or it may be all you feel like getting. That's your business, but at the very least you should know what you're paying for and know how to make a claim if you need to. When you go to your title company, ask them to make copies of everything in their file for you. There should be something in there telling you who your carrier is, if not an actual declarations page with the policy limits. If they won't do it ask them to give you the file and you make copies. If possible, scan them to a gmail account or something. Sounds like you just got married (or divorced). Congratulations (sorry?)
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Aug 4, 2010 17:26
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john ashpool fucked around with this message at 14:47 on Mar 13, 2016 |
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Aug 4, 2010 19:11
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The term seems vague enough that it could be interpreted to give anything you create over to them. I think you can probably explain the situation about your other job and have that paragraph modified or even stricken, if the tech company doesn't care. Incidentally, although it depends on the university contract of course, anything you develop at the university will probably belong to the university, don't you think?
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Aug 4, 2010 19:43
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Akrabbim posted:My wife and I are both students at a private graduate institution. They have a policy that states that if a married couple are both taking classes, and one of them is going full-time (9 on-campus hours or more), the other spouse gets half-tuition. We have paid up fully until this upcoming semester. We just received an e-mail stating that, since the one taking the most hours fluctuated back and forth between the two of us, we should have notified them of this every semester. They have somehow calculated that we owe a few thousand more than we did previously. I'm waiting to hear what they said when you talked to them and what your contracts say. Your obligations will be governed by the written contracts.
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Aug 4, 2010 19:45
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john ashpool fucked around with this message at 16:07 on Mar 19, 2016 |
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Aug 4, 2010 19:53
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I think they're more concerned with you trying to run off with something you develop at the tech company, therefore would be willing to change that term to reflect that expectation. I would talk to the HR people at the staffing agency and tell them your concerns.
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Aug 4, 2010 19:56
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My wallet was stolen out of my car with $800 in it, my credit cards, license, insurance cards, outside of a Walmart in California by an entire family of thugs (straight down to a low riding Chrysler 300, and the one breaking into my god drat car carrying a loving 4 month old baby). They used all the cash, and used my credit card, then started bragging about it to their friends. One of the friends called the cops and the cops arrested them for it (they were also caught on Walmart parking lot video, and two of the women who went to the walmart door as lookouts were caught on the in store cameras), but the cops tell me now that they won't have to pay the money back because it's considered a felony and felonies don't have to be reimbursed. What the gently caress?
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Aug 4, 2010 20:42
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Remicion posted:My wallet was stolen out of my car with $800 in it, my credit cards, license, insurance cards, outside of a Walmart in California by an entire family of thugs (straight down to a low riding Chrysler 300, and the one breaking into my god drat car carrying a loving 4 month old baby). I think perhaps the cops mean that the cops themselves, ie the police department, won't have to pay your money back. Pretty sure you could sue these fuckers into the ground in civil court. They are probably judgement-proof, although it would be pretty cool if you could get their low riding Chrysler through a tort judgment, that would piss them off. note: civil court would definitely be a hassle because you'd have to get service and blah blah blah, and they are probably impossible to collect from.
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Aug 4, 2010 21:03
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Service shouldn't be a problem if they're in jail on felony charges. An attachment on the car ought to be enough to to cover the $800. -e- Also I dont know how it works, but you might be able to garnish their prison wages?
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Aug 4, 2010 21:05
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SWATJester posted:Service shouldn't be a problem if they're in jail on felony charges. An attachment on the car ought to be enough to to cover the $800. Hahaha prison wages. That's just mean, "Here, let me garnish the 10 cents an hour that you make." That's just vindictive, I love it. Also, with some tort claims he could probably get punitive damages - delicious!
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Aug 4, 2010 21:11
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entris posted:I think perhaps the cops mean that the cops themselves, ie the police department, won't have to pay your money back. He specifically explained to me that the people wouldn't have to pay back anything unless I took them to civil court, because "it isn't covered under felony charges", he said if they'd been charged with misdemeanor though, that the judge would have ordered them to reimburse me. So the only way I can get the money back is by sueing them, which sounds amazingly crazy. How can you possibly be found guilty of stealing something and not be sentenced to have to make restitution? I asked about prison wages and apparently the prison women go to here doesn't have a work force, so there goes that idea. This is just retarded.
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Aug 4, 2010 21:14
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entris posted:I think perhaps the cops mean that the cops themselves, ie the police department, won't have to pay your money back. If a criminal case is filed, the prosecutor can make restitution part of the plea agreement. (dunno about CA, but probably)
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Aug 4, 2010 21:16
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joat mon posted:If a criminal case is filed, the prosecutor can make restitution part of the plea agreement. (dunno about CA, but probably) Am I going to have a chance to talk to the prosecutor before a plea agreement is made (if one is)? Or do I need to go trying to contact them beforehand?
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Aug 4, 2010 21:22
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There's no way to tell whether they'll contact you first or not. The safest bet would be to take the initiative and get in touch with them. You did call your credit card companies right after the cards were stolen, right? It will also help to have some ability to verify that you actually had $800 cash in your wallet.
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Aug 4, 2010 21:36
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I would think an affidavit from a law abiding citizen will trump any claim otherwise by the convicted felons
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Aug 4, 2010 21:44
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Oh yeah, I definitely called the CC companies right after, and the cops talked to them to try finding out where they used it (but the CC company couldn't tell them, huge fuckup on the CC company part) I have a bank receipt showing I withdrew the money a few days beforehand, and apparently one of the things the girl was bragging about was getting away with so much cash, so I should be okay with proving I had it at the time. Going to try contacting the prosecutor, but I have no idea how to contact them or what time frame I need to be doing it in.
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Aug 4, 2010 21:57
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e: ^^^^ will probably be sufficient - especially their own words. Being the victim of a crime does not, ipso facto, make you truthful. (Nothing on you, Remicion, just speaking generally/practically) "Prove it" will be the first question the DC asks the DA after the DA says, "Oh yeah, and my victim wants restitution for the $800 he had in his wallet." joat mon fucked around with this message at 22:04 on Aug 4, 2010 |
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Aug 4, 2010 22:00
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joat mon posted:e: ^^^^ will probably be sufficient. No, but his testimony (live, if necessary, since we're in Sixth Amendment land) will be prima facie proof and I suspect considering the factors here that a judge will not take a felon's word over a victim's. e: as you have noted with your carets
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Aug 4, 2010 22:03
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Lexical Unit fucked around with this message at 23:14 on Mar 4, 2020 |
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Aug 4, 2010 22:47
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Remicion posted:Am I going to have a chance to talk to the prosecutor before a plea agreement is made (if one is)? Or do I need to go trying to contact them beforehand? Also, I know of no law that prevents restitution for a felony in CA. I've seen it done a number of times. Unless there is a specific limit on whatever they're charged with, but I can't imagine that is the case. Also, a $800 combined loss will plea to a misdo in 98% of cases unless they have a really bad rap sheet or it was a robbery (which means they used force).
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Aug 4, 2010 23:06
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nm posted:Contact the district attorney's office. Even if they fraudulently used his credit card?
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Aug 4, 2010 23:25
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Lexical Unit posted:Stuff Your realtor should have copies of your HUD, at least. Most realtors would also have made a note of your homeowner's insurance too, but you can find lots of information from the HUD, which you can get for free from your realtor. =)
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Aug 4, 2010 23:28
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Phil Moscowitz posted:I'm waiting to hear what they said when you talked to them and what your contracts say. Your obligations will be governed by the written contracts. That's the thing. There is no contract. They're basically pointing to policy, which states that they go back one semester, and fix it from there. They wording in the student handbook, as they've admitted, is extremely vague. In one section, when determining what makes a full-time student, they point out that there are three types of classes. Regular classes, Saturday classes, and hybrid classes are the types listed which count for making you a full-time student. Other classes, such as Internet classes, don't count for that. It's interesting to point out that hybrid classes are not mentioned, even though, according to them, those classes count. Then, when they get to the spouse discount section, they start getting very semantically specific. They state that there that since it says you get a discount on regular classes (and doesn't mention the other classes which make you full-time), that's the only thing that counts. Even though the sentence before that makes reference to being a full-time student. From the wording, it appears that you have to be a full-time student in order to GET a discount, but they claim that this is not the case, and that, if your spouse is full-time, you get the discount on any regular class. This makes very little sense to me, as they get extremely picky on their wording when it removes my benefits, but very vague when it doesn't. Also, there is nothing in the handbook which states that I have to keep up with which spouse is the one getting the discount, not them. That seems a bit unfair to me.
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Aug 5, 2010 00:05
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Phil Moscowitz posted:Even if they fraudulently used his credit card?
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Aug 5, 2010 00:07
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I have a rental property issue that I would really appreciate some advice on. This is in Kern County California. My husband is in the military and we received orders to California from SC. We wanted to rent and went through AHRN, which is a military website that lists rental properties. We mistakenly believed that we would be pretty safe renting a house through there sight unseen. Turned out to be a mistake but hopefully we can do something. We are having a lot of issues with the house. Too many to go through here but some highlights -We have been here less than a month, we have had two electricians out. The first we paid for because we wanted a dryer plug (re)installed. The second because the power went out in the house and we couldn't get the power back on in the living room/dining room so the landlord sent out someone(two days after we called them). Both electricians have told us the circuit breaker panel for the house is unsafe and should be replaced. The first electrician directed us to information showing that this panel has been recalled in other countries, not the USA though, and has been the subject of a successful class action lawsuit. The second electrician told us he has seen several cases where houses burnt down because of this thing sending fires over the paper coated wires. In our case the problem was the circuit breaker for the living room caught fire. The landlords have been advised of this issue and their response is they never had a problem so it doesn't need to be replaced. -There are four entry doors to the house. We were not given keys to three of those doors. The landlord told us they would bring them by over two weeks ago but they haven't. One of the doors was recently painted shut. When we finally got it open we discovered it can't be locked because it wasn't mounted properly. I called multiple times about the fact we couldn't lock the house and they never got back to me. They called the next day wanting information about my husbands boss, I guess for their files, and acknowledged they had gotten the messages about the door, and that just happens with that door sometimes. -The kitchen sink isn't properly sealed and it leaks. There is mold growing under the sink. -The hot water faucet for the washing machine leaks so much it can't be used. -The stove that came with the property is ancient and has fire damage. It isn't insulated and basically the oven part can't be used, it heats up the wall too much. The burners, when you can get them to light at all, won't stay lit. But it keeps pumping out gas. We asked them to please just take this stove away and we will buy our own. They won't and they said we could pay to store it if we wanted. -A lot of the outlets in the house aren't covered. None of them are GFCI. -Three of the exterior doors have damaged/missing weather stripping Lots of other little things but these are the important ones. We have been trying to be patient, they told us they would send us plumber and an electrician two weeks ago and we haven't heard anything. My husband got a hold of them today and asked why we hadn't heard anything, apparently they have been on vacation. He told them that some of the things in this house are violating health & safety codes and the woman yelled at him(I could hear her over the phone speaker) that "Did he really want to go there?" I have no idea what that means, and my husband asked her to go over the email we were sending with the issues and to please get back with us, she hung up. I know we could have avoided this by not renting unseen, and believe me we have learned that lesson for the future. But is there anything we can do now? We would rather not move out, the house is really close to the base, the neighbors are wonderful people, and it has a huge backyard. Is there any forcing a landlord to take action on anything of the things I mentioned? An example of the door:  Click here for the full 966x1288 image. Outlet for the stove and the fridge  Click here for the full 1288x966 image. Mold under the sink  Click here for the full 1288x966 image.
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Aug 5, 2010 03:45
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Google up "[state] renter's rights" - in most cases you can do stuff like pay yourself to have it repaired and then deduct it from your rent, if the landlord fails to get off their rear end. But READ THE RIGHTS first.
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Aug 5, 2010 04:02
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