FW University of Utah Financial Aid – Yahoo! Mail

FW: University of Utah Financial Aid Monday, August 3, 2009 1:34 PM From: “Karen Henriquez” To: “yellowcab643@yahoo.com”       _____________________________________________ From: Karen Henriquez Sent: Friday, July 31, 2009 1:02 PM To: ‘u0338775@utah.edu’ Subject: University of Utah Financial Aid         July 31, 2009       Michael Andersen 522 East Rhea Street Long Beach, California 90806       ID # 00338775   Dear Mr. Andersen:   As I am sure you are aware Pat Stevenson from the Federal Student Aid Office of the Ombudsman recently contacted me.  I explained to her what happened regarding your aid eligibility fall semester 2009, and she seemed to understand.  Apparently she referred you back to me.  I have constructed a time line of sorts based on the information on your file in hopes to clarify the situation. Basically we received your initial FAFSA information, then changes were made (not by us) affecting your EFC.  As a result we selected your file for verification.  We sent correction to the FAFSA information, you were awarded, and funds disbursed.  We then reviewed your file again and found that we made an error during the verification process. The Pell was cancelled until the error was corrected.  The correction reduced your eligibility for Pell.  When the University returned the Pell grant to the program, it created a bill owing to the University of Utah.  When the debt had not been satisfied in a reasonable amount of time, it was assessed collection charges.  With an outstanding debt to the university, one is not able to obtain transcripts.    Please find the timeline below:   8/26/08 Mr. Andersen was awarded 1,183.00 in Federal Pell Grant funds based on an EFC of 0.  Those funds credited his tuition account that same day.    11/05/08 a Satisfactory Academic Progress Hold (SAT) was place on the file for having exceeded the maximum number of credit hours to obtain a degree.    12/29/08 during a standard review in our office we found that we had not properly accounted for Social Security Benefits.    12/20/08 as a result, and per our office policy, the Pell Grant was cancelled until the situation could be resolved leaving a bill to the university of 1183.00.  The file was reviewed, and new corrections sent to be processed.    01/07/09 Return ISIR reviewed, based on our normal processes, no award was made.  At this time there was a SAT hold.    03/09/09 our office recognized that it was due to our error that the award was not correct initially, and placed the Pell award for the amount you were eligible, 521.00.  This reduced the amount due the University of Utah to 662.00   3/10/09 student called and spoke with one of our counselors. He explained that he is on disability in California and had no funds with which to pay the bill.  The counselor explained that while the timing was unfortunate, our office is required to correct the error once found.  She apologized for the timing and explained again that we had to fix the error and as a result the Pell funds were returned to the federal program.  At that point student asked to speak to a manager.  The counselor took students number and asked an assistant director to contact him.    3/10/09 an assistant director tried to call 562-313-1530. The phone rang several times and then went to a busy signal.  There was no option to leave voicemail.     05/05/09 no payment or payment arrangements had been made, Income Accounting sent the bill to collections as assessed collection costs of 145.64 bringing the amount due to 807.64.  This debt is to the University of Utah not the Federal Pell Grant Program.   05/28/09 Mr. Andersen called wanting to talk about Pell grant for fall.  During this call Mr. Anderson expressed frustration about the grant situation and stated that he had contacted an FAA Ombudsman.  It was explained to Michael that the Social Security Income must be included.  To which he indicated that it was not right that he had an EFC of about 2,500 when he had absolutely no contact with his family.  The specialist explained that since he is considered independent, no other family member information was used in the calculation.  At which point Mr. Andersen asked if he should call the FAA Ombudsman and tell him that the University of Utah said that he was his own family and was contributing to himself. The specialist offered to schedule a telephone appointment, and the student agreed.      06/01/09 Phone appointment with Michael Andersen, Student wanted to review same information that has previously been relayed.  He stated he doesn’t understand and while the counselor tried to explain he would change the questions he was asking.  Mr. Anderson started discussing that his family doesn’t pay anything towards his college and he doesn’t even talk with his family, he doesn’t see how the EFC applies.  The counselor tried to explain how we award from the EFC; we pay Pell, not the EFC, and that when he updated his FAFSA his EFC changed.  Then, we selected him for verification but had not included the non-taxed SS income.   We then realized it was not submitted and sent another correction.  His Pell was final at what the final disbursement was of  $521.  He brought in the Ombudsman many times.  The counselor did not feel the student understands what happened or the fee’s applied.  The counselor let him know the amount owing has gone to collections and there are additional collection fees that may have been applied.  The student was informed that if he wanted to make payment arrangements he needed to contact Income Accounting.  He said he didn’t have any money to pay and was on SSI.  The counselor suggested the student call the Director of Income Accounting.  Upon giving Mr. Andersen the direct number, he asked if she was smart.  He didn’t want to waste his time with people who weren’t smart anymore.       Unfortunately the bill is valid and the debt is owed to the University of Utah.  Please let me know if you have any additional questions.      Karen Henriquez Associate Director Financial Aid and Scholarships University of Utah     NOTICE OF CONFIDENTIALITY: This material is intended for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable laws. If the reader of this material is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender of the error and destroy the e-mail you received.

response[1]

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                                                                          May       02, 2008

Michael Andersen
1076 E 200 South  #15
SLC, UT  84102
                                                                          Re:  FTC Ref. No.  13724907


Dear Michael Andersen:

Thank you for your correspondence regarding debt collection practices.  The Federal Trade Commission enforces the Fair Debt Collection Practices Act (“FDCPA” or  “Act”),  which prohibits unfair, deceptive and abusive debt collection practices by collection agencies and other third-party debt collectors.  It also gives you certain rights when you are being treated improperly by a debt collector.  Although the FTC staff is not in a position to intervene on your behalf in resolving your problem, we would like to outline some of the provisions of the Act for you and explain how you can use it to avoid further distress.  We note at the outset, however, that the Act generally does not cover either the collection of commercial debts or the collection activities of the party to whom you allegedly owe your debt (the creditor) so long as the creditor is collecting in its own name.  The Act applies only to third-party debt collectors collecting consumer debts.

Congress enacted the FDCPA in 1977 in response to mounting evidence of the use of improper debt collection techniques in the marketplace.  The Act prohibits several of these techniques, including, for example, disclosing consumers’ debts to most third parties without the consumers’ consent.  It also forbids false threats to coerce payment (such as threats of suit or other actions when they probably will never occur) and any sort of oral harassment (such as threats of violence, profanity, and continuous calls) over the telephone.  No calls may be made very early in the morning or late at night, calls to a consumer at work are restricted, and debt collectors may not add charges to the debt unless the consumer has agreed to them or they are permitted by state law.  Finally, a debt collector may not sue a  consumer outside the district (1) of the consumer’s residence or (2) where the contract creating the debt was signed.

If you believe that you do not owe the debt, you may file a dispute with the debt collector.  If you do so in writing within thirty days of the date the collector notifies you of this right, the Act requires the collector to stop all collection efforts until it provides you with written verification of the debt.  The Act also specifies that the debt collector inform you of this requirement at the beginning of the collection process.  If you were not so informed, the collector violated the law.

Instead of filing a dispute, you may choose to send them a letter demanding that the debt collector cease all further collection efforts.   If you do so in writing, the Act requires that the collector comply with the demand.  We suggest that you send the letter by certified mail, return receipt requested, and keep a copy for your records. Please note, however, that sending a cease communication letter does not prevent the debt collector or the creditor from filing suit against you. It does, however, prevent them from calling you and sending collection notices.

If you believe that the debt collector that is contacting you violated the law in this or any other way, you may additionally: 

1) File a complaint with your state or local consumer protection office and/or the party to whom you originally owed the debt (the debt collector’s client).  If you file a complaint, describe the circumstances in detail and send copies of all written materials received from the collector.  Any of these parties might take independent action against the collector.

2) File a private suit against the debt collector in any court for violations of the Act and, if you are successful, receive actual damages, attorney’s fees, and additional damages up to $1,000.

Remember, however, that the Act does not function to erase a valid debt, even if a debt collector has violated the law in attempting to collect it from you.  If you really owe the debt, you will still have to cope with the consequences of non-payment if you do not pay.  Remember also that some collection techniques, while unpleasant or distasteful, are not law violations.  For example, a debt collector may:

1) Contact third parties solely to determine where you are, so long as the collector does not disclose the existence of your debt.

2) Contact you at work if the debt collector has no reason to believe that your employer prohibits the contact (and you have not filed a cease-communication request).

3) Use a rude or angry tone on the telephone, if the overall communication with you cannot truly be characterized as abusive or harassing.

4) Threaten consequences of non-payment that are truthful.  For example, debt collectors may threaten to sue if suit will, in fact, be the result of non-payment.  They also may threaten to report your debt to a credit bureau if, in fact, they intend and are legally able to do so.  It is to your advantage to know the probable result of withholding payment, if it is accurate.

5) Accept or solicit a post-dated check, if the collector does not deposit it before the date on the check.

6) Refuse to accept a partial payment for a debt (even if you had such an arrangement with the creditor).  If there is more than one debt, the collector must credit the account that you designate.

If you owe the debt, we suggest that, before you resort to some of the stronger measures outlined above, you try to work out any payment difficulties, first with the debt collector and next with your creditor.  Finally, if you decide to proceed further, or if you think that the collector or creditor is about to take legal action against you, be sure to contact your local legal aid office or an attorney for advice.

Like the FDCPA provisions discussed above, you may also find certain Fair Credit Reporting Act (FCRA) provisions helpful if you believe that a debt collector is providing inaccurate information about you to a credit bureau.  To fully protect your rights under the FCRA, we strongly recommend that you dispute the credit report item in writing to both the credit bureau and the debt collector.  When you dispute the item to the credit bureau, the FCRA requires that the credit bureau pass your dispute to the debt collector, along with all relevant information you provided.  The debt collector must investigate the dispute (which includes a review of the information you provided) and report what it found to the credit bureau within thirty days after you first disputed the item to the credit bureau.

During this same period, the credit bureau must also review the information you provided.  If the debt collector reports that the credit report item is incorrect and should be deleted, or fails to report to the credit bureau at all within the thirty-day period, the credit bureau must delete the item from its files.  If the debt collector reports that the item is inaccurate and should be changed to a less delinquent status (e.g., 30 days late, rather than 120 days late), but not deleted, the credit bureau must make that change in its files. 

We hope that this information has been helpful to you.  Please be assured that we are always interested in reports of law violations.  If we cannot act immediately to remedy them, we will retain whatever you have provided for possible use in future enforcement actions.  The efficacy of our FDCPA enforcement program is largely dependent upon information we receive from individuals like you.  Thank you for writing.



                                                                          Sincerely yours,


                                                                          Consumer Response Center

Enclosures:
1. Fair Debt Collection (CRE-18)

BBB

Better Business Bureau Better Business Bureau Start With Trust Complaint Form Complaint Submitted Your complaint has been submitted. Your complaint number is: 5867318. The complaint has been transferred to the local BBB to be handled in their system. You may wish to copy or print this information for further reference. Press OK when ready. The complaint is being handled by the BBB listed below. Please contact them with any questions. Better Business Bureau of Utah (Salt Lake City, UT) 5673 S. Redwood Rd., #22 Salt Lake City , UT 84123-5322 Phone: (801)892-6009 Fax: (801)892-6002 Email: http://us.mc655.mail.yahoo.com/mc/compose?to=info@utah.bbb.org Web: http://www.utah.bbb.org/ Consumer Information Title: Mr. First Name: Michael Middle Name: William Last Name: Andersen Suffix: Address: 1076 E 200 South #15 Address 2: City: SALT LAKE CITY State: Utah Zip/Postal Code: 84123 Country: UNITED STATES Daytime Phone: 8015329431 Evening Phone: 8015329431 Fax: Email: yellowcab643@drivehq.com Business Information Name: Mta Truck Driving School Address: Po Box 27835 City: Salt Lake City State/County: UT Zip/Postal Code: 84123 Problem Please provide a BRIEF, FACTUAL DESCRIPTION of the problem you experienced. If you are notifying the BBB of an advertising claim that you believe is inaccurate or misleading, include the date and location of the advertisement. 1. Primary Classification: Contract Disputes 2. Secondary Classification: Billing or Collection Issues 3. Problem: MTA Truck Driving Schools doesn’t seem to exist anymore. I graduated from MTA school in 2001 in El Paso, Texas and for a short time went to their school in Salt Lake City. I received a phone call from a collection agency demanding that I pay over ten thousand dollars today. I told them that MTA asked me to sign a release form that said I would not be responsible for the price of the MTA school (including CDL) if I did not obtain employment as a truck driver. The debt collector called herself NCO and the last time she called I referred her to the Case Management Unit of Valley Mental Health on 39th South in SLC. The person at Case Management that receives my SSDI check talked reports having talked to the NCO representative. Case Mangement told me not to do business with NCO. The calls from NCO are harassing in nature as they tell me to discuss with MTA what the MTA contract with them says. I don’t have a clue where MTA is and I could never pay for the CDL because I was required to return my CDL by the DMV in Utah. The Salt Lake Police told me they got a CDL for the price of a box of donuts, by the way. This indicates that MTA is a gyp. CREngland refused to hire me and I had to continue to college at the University of Utah, where I am now.    Complaint Background Not all of these questions are required.  Please provide as much information as you have. 1. Product/Service Purchased: Basic Truck Driver Training   2. Model Number:    3. Contract, Account, or Policy #: Contract 1081    4. Order #:    5. Purchase Date: 7/2/2001  6. Date Problem First Occurred: 8/21/2001  Dates you complained to the company/organization 7. First Date: 8/21/2001  8. Second Date: 9/1/2001  9. Third Date: 9/7/2001  10. Payment Made: 11. Payment Method: Name of Sales Person 12. Title: Mr. 13. First Name: Joe    14. Middle Name:    15. Last Name: Rothwell   16. Suffix: 17. Purchase Price: $6,401.00   18. Disputed Amount: $11,000.00   Desired Outcome Enter your DESIRED OUTCOME below. Please keep your description within the box provided, without scrolling. A summary of your complaint is preferred, as the BBB will contact you if they need additional details. Mandatory fields are followed by a RED “*”. 1. Desired Settlement: Refund 2. Desired Outcome: Somebody has to contact MTA. Their representative said his name was Carlos Lugo when he contacted me at Job Service in Mission Viejo, California. My graduation diploma is signed by Joe Rothwell. My driving instuctor at CRE, Bill Decker, was clearly having problems with his doctor about his physical health. I was his first student and he did a terrible job of making me comfortable in the truck.

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AFM Local 353

**

 

4/14/2009

AFM Local 353

1945 Palo Verde Avenue Suite 203a

Long Beach, CA  90805   

Michael William Andersen    

522 E Rhea St

Long Beach, CA 90805-5530 

 

 

 

Dear AFM,

 

     I stopped by your office recently and spoke to the older gentleman there about going to college at CSULB.  He indicated he had a friend at CSULB and thought I should speak to him.  Because of our conversation I applied to the school for a Masters degree and I was wondering if applying for a Masters in Music would be much of a problem.  I have a BS degree in another subject but should explain that the University of Utah Music College is bad.  They wouldn’t allow me to play any music for them and I can’t get their attention probably because of the Professional Band in San Francisco that I auditioned for in the 1970’s.  I seriously have an identity problem because of how I sound with and without equipment.  I wonder if there is anyone at CSULB that you know of who has time to hear me out before I audition.  I’m notorious for playing music [if anything] and have been told that the only way to make money is to attend college.

 

     CSULB told me that the Masters in Music was for a jazz guitar.  My friends say my guitar is jazz but, what do you think CSULB will require; improvisations, tone/equipment – any songs that I should know?  I’m a bit peeved because they ordinarily take people that have a BS in music and say now, tough luck.  I would like to set up an audition but don’t want to make myself even uncomfortable and thought you might know exactly what to expect.  From 2004-2008 I studied for my BS and the students as well as the teachers at the University of Utah were all unfriendly.  Did you ever think, “What is the point of playing music to them?”   What is sinister is that in 1986, I took classes in music and I received ‘F’ grades from Keven W. Johansen and Dr. David J.Power because these teachers thought I was cheating.  I didn’t make an mistakes and they took it as an affront, like I didn’t need their help or something.  They thought I had all of the nerve!  CSULB doesn’t right now look any friendlier and, at the Utah Local of AFM it was explained to me that popular music usually isn’t taught, period.   

   

     Maybe I should attend a different school than CSULB and I wanted your opinion before I go there because school is a lot of suffering and hard work, as I remember it.  Besides I’ve heard so many times, “What is the school trying to prove by never giving me a break or creating an understanding with you?”  I could play a piece on the piano, it seems to me, but I’m generally worried that I shouldn’t be bothering the young people.  The tunes I usually play sound quite a lot like the Beach Boys and I wondered if it was wise for me to pay the Utah Local in June.  Utah is mostly folk or church music. 

 

 

 

Thank you for your help,

 

 

Michael William Andersen

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