Request for college fees from 2013

MrSzyslak

My brother got a letter from NUIG stating fees of 1800 are owed dating back to 2013. They had not followed up on same the last 4 years. It was a quite a harshly worded letter too.

His fees were 7,500 for a masters he paid all but 1800 but then dropped out. He never received exam results or graduation.

They said they would be starting legal proceeding within 14 days if not paid in full. This seems unreasonable to me especially as this is the first letter received about same.

My brother has a disability and doesn't work and is in no position to settle this debt from 4 years ago. I am going to call them up tomorrow to talk about it. But just wanted to know what people think about where he stands on this? Surely they should of followed up in a much more timely fashion (4 years later - people circumstances change ), and the fact he never got exam results or graduated but paid nearly 6,000 fees.

I can't see anyone putting him in prison I think he should just forget about it. His very stressed out about it though

davo10

MrSzyslak wrote: »

My brother got a letter from NUIG stating fees of 1800 are owed dating back to 2013. They had not followed up on same the last 4 years. It was a quite a harshly worded letter too.

His fees were 7,500 for a masters he paid all but 1800 but then dropped out. He never received exam results or graduation.

They said they would be starting legal proceeding within 14 days if not paid in full. This seems unreasonable to me especially as this is the first letter received about same.

My brother has a disability and doesn't work and is in no position to settle this debt from 4 years ago. I am going to call them up tomorrow to talk about it. But just wanted to know what people think about where he stands on this? Surely they should of followed up in a much more timely fashion (4 years later - people circumstances change ), and the fact he never got exam results or graduated but paid nearly 6,000 fees.

I can't see anyone putting him in prison I think he should just forget about it. His very stressed out about it though

Are you saying he does not owe the money because he didn't complete the masters, or that too much time has passed for the debt to still be legal, or both?

Statute of limitations on debt owed as a result of a contract is 6 years, they are well within this time frame. Decision not to complete was your brother's, he still took up a place in their post graduate programme and fees to be paid will no doubt be laid out in this agreement with the college.

MrSzyslak

davo10 wrote: »

Are you saying he does not owe the money because he didn't complete the masters, or that too much time has passed for the debt to still be legal, or both?

Statute of limitations on debt owed as a result of a contract is 6 years, they are well within this time frame. Decision not to complete was your brother's, he still took up a place in their post graduate programme and fees to be paid will no doubt be laid out in this agreement with the college.

I called them up to enquire about the situation. They are not interested in a payment plan and need the full balance settled in 14 days. My brother doesn't work and is on disability given his condition.

We have decided to send them a registered letter explaining the case, that 6000 was paid, he didn't complete the course, why it took 4 years to follow up on the matter, explaining my brother's circumstances etc.

In any regard he has no assets or adequate income to settle the debt now. If they do decide to go through the court I would be quite worried but I can't see a judge sending him to prison. Will have to see how it unfolds.

Miaireland

He may still owe the full fees I am afraid. A loy depends on what he agreed to.

Some Masters require that full fees are paid at the start and others allow installments but that you must drop out by a certain date and after that full fees are payable whether you drop out or not.

Also did he notify them that he was dropping out or did he just stop attending?

MrSzyslak

Miaireland wrote: »

He may still owe the full fees I am afraid. A loy depends on what he agreed to.

Some Masters require that full fees are paid at the start and others allow installments but that you must drop out by a certain date and after that full fees are payable whether you drop out or not.

Also did he notify them that he was dropping out or did he just stop attending?

He just stopped attending it seems. Yeah he had some kind of installment plan. The annoying thing is he would of qualified for free fees given his income levels if he had applied at the time. He also has 10k of a loan he used for living expenses that year which my mother has taken over. All very frustrating. Definitely didnt foreseen this from all these years ago.

Realistically would this go to court? Is there any point in sending them an official letter back explaining the case see if we can come to some arrangement. I also notice they didnt name the course or give a breakdown of what fees were left o/s etc. It just named Re outstanding fees 2013 and was sent by registered post. They also stated "after many attempts to reclaim the balance of fees", however this is the first letter they have sent they never even followed up the year he dropped out. Either by a phone call or letter. So that was a simple lie on their part.

Imagining someone owing you 1,800 euro and you decide it would be a good idea to wait 4 years and then ask for payment. I wouldnt expect to be paid tbh.

davo10

Op, your brother could have given the address he was living at while attending college as his correspondence address.

They have 6 years to bring a legal action so they are still 2 years within the limit, you might feel it is a long time but it would that legally it is in plenty of time.

€1800 is certainly worth going to court for.

Miaireland

Send them a letter saying that you dispute that the debt exists (hate to say it but sounds like he owes it) but that if it does that your brother is willing to enter a payment plan. State that he does not have access to funds to settle the debt in full in one payment. Send it by registered post and keep a copy. Worse comes to worse if it is taken to court it shows that your brother tried to settle.

4ensic15

A person can't be sent to prison just for owing money. Do not write letters admitting to owing money, ever. So if they get a judgement against your brother>

Fred Swanson

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FishOnABike

Fred Swanson wrote: »

This post has been deleted.

I think there was a high court case related to this that was reported in newspapers at the time. As far as I recall one cannot be committed for inability to pay an installment order though one can still be held in contempt (and committed for contempt) for refusal to pay an installment order if able to do so but is voluntarily non compliant.

4ensic15

Fred Swanson wrote: »

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Only after an enquiry into the person's means. The court must be sure its is won't pay, not can't pay.

MrSzyslak

4ensic15 wrote: »

A person can't be sent to prison just for owing money. Do not write letters admitting to owing money, ever. So if they get a judgement against your brother>

Not sure then if a letter admitting to owing the amount is a good idea. Could be used against him. I was thinking this as I type it up this afternoon.

I might just let it play out for now see what happens.

MrSzyslak

Btw thanks everyone for the advice on this. Feel free to add more :-)

//Mod

No legal advice pls