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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Education Law
Satisfied Customers: 118812
Experience:  Attorney handling education matters.
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Ok. I set up automatic payment with salliemae. I found out

Customer Question

Ok. I set up automatic payment with salliemae. I found out just last year that they were debiting my account twice in a month and it was not being credited to my account.I have contacted them several times but no one seems to know what I'm talking about. But it clearly shows in my bank statements that this extra amounts were being taken out. What can I do? It's been less than 7 years. So can I file fraud?
Submitted: 1 year ago.
Category: Education Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

At this point and time, it is breach of contract and they owe you the money. They cannot just take money from your account and not credit you the payments. You need your statements and you can file suit against them for breach of contract and unjust enrichment if they refuse to correct it when you mail them (not on the phone) a demand letter with your attached proof they took out double payments.

Customer: replied 1 year ago.
Thank you so much. For your reply.
Customer: replied 1 year ago.
Is there a special way to write a demand letter? I sent them my bank statement instead they required another proof from the bank.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. Sorry for the delay, but I spent all evening traveling from east coast to west coast for business meetings with clients.
There is no magic formula for writing such a letter. You simply write and tell them you dispute the debt that they are trying to collect in that they have not properly credited your payments. You tell them that you are attaching proof of the payments and their statement showing that they did not properly credit those payments. Tell them that if they fail to correct your account balance and credit those payments, you will have to sue for breach of contract and unfair and deceptive business practices and you will seek triple damages plus attorney's fees.
Most times that will get them to fix it, but if not your final option is filing suit against them for breach of contract and unfair practices as they have taken money they should not have taken and then failed to give you credit for the payments.