If you were a Judge how would you handle my case?

Question

Hi I joined an online university back in Jan. 06'. My husband received military orders to Japan; I had to go with him. I notified the school that I would need to 'drop out' since I would not have internet access. They told me to provide them with my husbands’ military orders and marriage certificate by fax and they would be able to credit the term with out drop fees. I faxed the documents. September 06' comes, and there’s a charge of $3,460 on my student loan account. They never applied the credit. I made complaint to the Better Business Bureau on Sept. 21, 2006. I explained how I did not feel the education method was for me with sporadic moves, and how they basically provide you with text books, tell you to read, and give you writing assignments. I can get the same education at a local library without the $3,460 charge. Before I began I was told by financial aid that my total out of pocket expense for the 2 years would only be $6,000. However, I was charged $3,460 just for 1 semester

plus 10 days. I have found other complaints online from previous students of Kaplan that had the same problem, they were told differently. The credits I earned are not transferable to any local colleges in my area, regardless of what I was told before joining. Since the online learning method is not for me the credits are not any good to me but I owe a large amount of money. My complaint resolution I asked for was a refund in full of $3,460. Kaplan responded to my BBB complaint with the following statement "We have thoroughly reviewed Ms. ___complaints and she is correct in that an online university is not ideal for everyone. We empathize with Ms. Cvetnich and as a result processed a refund to her account. If you have any further concerns, please feel free to contact me." I gave Kaplan a month to apply the credit, which nothing was ever applied. I contacted the person who responded to my complaint. She stated that a credit was applied in JULY 2006. I made my complaint

complaint in Sept. 2006. The credit she was talking about was an amount that they owed back to me for money that was transferred to them, however once I had to drop out, I didn't owe the full amount. I discussed this back and forth with her. Then she started ignoring my emails. I wanted to use email so that I would have documentation of what was said and what wasn't, since Kaplan had told me on the phone that they would not charge me for the 10 days or fees when my husband got the military orders, but the credit wasn't applied for that, and there’s no documentation, she even said they can't find my doc's I faxed to them. Her boss started writing to me, she basically told me I wasn't going to get any refund, regardless of what they stated to the BBB complaint, and that they don't give credit for opinions. She then ignored 3 emails, and then gave me her contact information so that my lawyer could contact her. She basically told me she didn't want to deal with me anymore.

Everyone I have spoken to at Kaplan tell me differently then the other, they're not on the same page. I do not understand how they can tell the BBB that they are going to apply a refund, but never do, and decide that they are not going to now. My question is, I will most likely have to go to small claims court, if you were dealing with this case just from what you know now, is Kaplan obligated to give me a refund now that they made the statement in writing that they would? I will have to travel from VA to FL to take them to court, can I claim travel, missing work, and court fees?

Answer 1

"If you were a Judge how would you handle my case?"

There is no quick answer to your question.

The first thing that comes to mind in reading your fact pattern is Caveat Emptor-- Let the Buyer Beware. A reasonable person would inquire into the specifics of an education program before entering into it-- including research on whether or not the program would be transferrable as college credit afterwards. Unless there was some misrepresentation (in writing or made by a program official in the presence of a witness who can testify to it) then the fact that you later decided you didn't like the learning method does not give you grounds for a refund or otherwise work to your advantage.

You mix two different issues. One is that you had to cancel because your husband was sent overseas by the U.S. Military. The other is that online education wasn't ideal for you. Of course, you then proceed to describe the confusions and misapplications regarding your student account.

Just forget about the program not being ideal. That all falls under Caveat Emptor. You shouldn't even bother mentioning it in your correspondence.

Find the enrollment agreement you had. See what it says about drops and cancellations and if your circumstances would apply. If you were sent any textbooks or course matierials and kept them, then your case will be much weaker. You should have returned them.

Now go back and look at what you have in writing from the program. (And from now on, send letters through the mail and ask for written replies through the mail. Emails are okay, but letters are better.) Do you have anything that says they will refund you? If you do, then that is what you focus on. If you don't then you should assemble as many details about who told you they would give you a refund and when.

Since you appear to have exhausted attempts to resolve the issue with the company, your next step is small claims court. You say that you have to file in Florida. Unless there is a provision in your enrollment that says you agree to have Florida law apply if there is a dispute, then you can file where you lived when you started the course.

You would only be entitled to collect on what you should have been refunded according to the enrollment agreement you signed. Lost wages and travel expenses are not awarded. Court costs may be awarded. Attorneys fees may also be awarded-- though it sounds like you won't be getting an attorney.

Were I a judge, the only way I would award you $3,460 or-- thereabouts-- is if the enrollment agreement specifically indicates you are entitled to a refund when you sought one under the conditions you claimed and substantiated. Similarly, if you have something in writing from the program that says they would refund you, then I would rule in your favor.

Lastly, there appears to be some confusion about your account. You should show your proof that you sent a payment for the amount that they later credited to you-- so it becomes obvious that isn't the refund they said they'd give you. Your student account statement should show a credit for that amount and a debit for that amount. If there is no credit, then why would the program give you a refund if not for the reason they claim? Get the accounting straight before you proceed.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

Answer 2

wow what a mess , if you have the doc's that they said they were going to refund you , then yes you have a case .. call your local news station and see if they will air your story , most places dont want that kind of exsposure , if that does not work email judge judy or any of the other court shows on tv , it is real court and they will pay for all your travel and food and everything if they take your case , i had a friend that was on judge judy and won her case , call the people you got you student loan from and tell them whats going on they may be able to help as well . best of luck to you , make sure you keep track of who you talk to when and the time even if it is just on a piece of paper , cell phone calls are best because you can request a copy of all calls made and recieved ,

Answer 3

You were unclear about the faxed documents. said you faxed them///did you call & verify they were received? Do you have a copy of the fax trasmittal verication? Do you have a copy of the letter stating the companies plan to apply a refund?

If none of these docs are in your possession you don't have proof you submitted the drop request. Your chances are not good if you have no proof of when you sent the request, or their promise to refund

Kaplan is a national firm w procedures they can document, & while I'd like to rule in your favor it looks doubtful. I'll withhold my judgement pending receipt of those documents.

Answer 4

Make sure you keep a record of all e-mails, conversations and transactions. Try one more time to communicate with the correct person and explain your position. Then, before seeing a lawyer remain silent. In other words, silence is golden. When they do not here from you for a while, they may process your claim. Always make yourself available for a meeting or phone conversation should they request one, but always preface the conversation with the question: Would you mind if I voice record this conversation. If they do not give you permission to record it, refuse to talk to them without your lawyer present. Good Luck.

Answer 5

This is a matter for a small claims court. I hope you kept a copy of every thing you sent, received, etc. You will need it no matter what type of court you proceed through.
I would think any judge would rule in your favor, especially since they promised you a credit and you never received it.

Answer 6

Most judges have a specific area in their jurisdiction (especially since the law in any one area of law is littered with thousands of rules and caveats) So in most likelihood, if you go back into family court again, you will have a decent chance of getting the same judge again.

Answer 7

I'd find in your favor, and perhaps give you triple damages. When you get to court, see if they have an Attorney for the Day program, and speak with him. They will give you free legal advice.

Answer 8

AS LONG AS YOU HAVE IT IN WRITING,YOU SHOULD WIN

Answer 9

guilty