Library Failed to Extort Me - Thanks for all the support!

KillyKillall

Diamond Member
Jul 1, 2004
4,415
0
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I checked out 6 books from a university library 5 years ago to write a paper and then returned them afterwards.

They are now coming back and telling me that I never returned them and that I owe them $521. This started about a year ago - at which point I told them that I returned them and that I refuse to pay. They informed me that unless I can prove that I returned them, they will send this to collections.

3 days ago I received an alert that my credit score dropped 17 points due to a credit inquiry. I research who it is and it is a collection agency working for the university. I contact them and they also notify me that I can dispute it and call the university to try to work it out.

Again I called the library today and they informed me that their policy is not to negotiate in any way and unless I can prove I returned them, there is nothing they can do. At this point I realized that they're basically extorting me and that unless I pay this money, it is going to decrease my credit rating.

Who the hell can prove they returned some books 5 years ago?!?!?! Why shouldn't they have to prove that I didn't?

Is there any way for me to settle this without having to pay a buttload of cash just to protect my credit rating????

Update #1 - 7-25-06 12:10 p.m.
I verified last night that these books are not in my library and I'm pretty damn sure that I returned them.

My contact at the collection company called again this morning to see if I have been able to work anything out with the university - I informed him that I have not. He informed me that if I dispute the charges that it will not impact my credit scoring on my credit report when they send it in August. Is that accurate?

I found out who the head of collections is at the university library and acquired her address so that I could send certified mail to it if needed. I have left her 2 messages today (8:00 a.m. and 12:00 p.m.) to contact me and have not heard back yet. I also asked them to provide me a history of the account, however they refused saying that only the head of collections can discuss my account with me.

This is really starting to get frustrating.

Update 2: 7-26-06

I've learned much about Statute of Limitations and my rights as a US consumer regarding the Federal Credit Protection Act. I have now asked for a legitimate verification. The collection agency has 30 days to respond or remove all associated records. I have also asked them to only contact me in writing and that any further phone calls will result in a harrassment suit.

More detailed info on page 3.

Letter on page 3 sent certified today.

Update 3


The head of library collections finally called me back today. Right out of the gate she asked me to return the books, pay for them, or prove that I returned them. I tried to be as polite as possible in telling her that her staff has apparently misplaced the books.

I also asked the dates of checkout and return date. Guess what, it was OVER 6 years ago (June 2000). I'm pretty sure this means they are beyond Statute of Limitations and informed her of such. She tried to tell me that this was property of the state and that Statute of Limitations didn't apply!!!! :Q My reply? I asked if she was a lawyer. She said no and that she didn't really know anything about Statute of Limitations and would have to contact the University of Arizona legal staff.

I assumed at this point that we're not going to get very far and let her know that I will not work with her AND the collection agency they work with. I also informed her of my validation letter and that if she wishes to contact me regarding this issue further, please do it in writing only. She told me that the letter won't do much good because it will just end up in her office and she'll say the same things in reply to it that she told me on the phone.

It worries me how sure she is of herself, but I'm pretty sure it's because she has no f'ing clue what she is talking about. Honestly, I'm hoping that either a) this is out of their reign due to SOL or b) they don't respond within 30 days so that this can be deleted.

Update 4:


Well..it's been over 30 days since they have received the validation letter which means they can no longer try to sue me for this or try to collect (legally).

SCORE FOR THE LITTLE MAN!

Cliffs:
-University library says I didn't return some books from 5 years ago and wants $521.00
-Credit rating has already dropped some from their credit inquiries (from collection agency)
-They will not negotiate any fees and will only remove if I can prove that I returned the books
-Books are not on shelf and not found in library
-Called head of collections at U of A and she has not returned my calls so far
-Certified letter of verification now sent to collection agency. They have 30 days to respond with all proof and legitimate info or must remove/delete the items.
-Head of library collections called me and tried to tell me that Statute of Limitations doesn't apply to her/U of A because the books are government property
-I requested all communication from this point to be written.
-They did not reply to the validation letter in writing within 30 days of receipt and are out of statue of limiations. I'm a free man!
 

notfred

Lifer
Feb 12, 2001
38,241
4
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Were the books even *worth* $521? Don't most libraries have like a $20/book limit on fines?
 

cherrytwist

Diamond Member
Apr 11, 2000
6,019
25
86
I checked six books about ten years ago from my local library and never returned them.

They were art books. Nobody cares about art anymore anyway.
 

SVT Cobra

Lifer
Mar 29, 2005
13,264
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Sounds like BS to me, esspecially that price. I would go to Library and see if they have them if you remember what books they were. And, if they aren't there you could try picking them up used for cheaper than $521 probably.
 

2Dead

Senior member
Feb 19, 2005
886
1
81
its been a while since i checked out a book... What proof would you have anyway that you gave it back? I never got a receipt. If they didn't enter/scan it into their tracking system, how would you prove it?
 

Baked

Lifer
Dec 28, 2004
36,052
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Wait, it took the library 4 years to find out you didn't return the books? Shens.

Originally posted by: mzkhadir
could this a parody in progress ?

My head just exploded. English please.
 

ruffilb

Diamond Member
Feb 6, 2005
5,096
1
0
Originally posted by: F22 Raptor
Sounds like BS to me, esspecially that price. I would go to Library and see if they have them if you remember what books they were. And, if they aren't there you could try picking them up used for cheaper than $521 probably.

 

lokiju

Lifer
May 29, 2003
18,526
5
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I'd talk to a lawyer, have him write up something nice and official sounding and send it on over to them basically telling them to drop the false charges or you'll take them to court.

See if the call your bluff or not.
 

AnyMal

Lifer
Nov 21, 2001
15,780
0
76
Burdern of proof is always on the accuser. Have them prove you never returned the books.
 

krunchykrome

Lifer
Dec 28, 2003
13,413
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0
Originally posted by: lokiju
I'd talk to a lawyer, have him write up something nice and official sounding and send it on over to them basically telling them to drop the false charges or you'll take them to court.

See if the call your bluff or not.


:thumbsup: I agree

But how much would this cost in lawyer fees?

Anyone on ATOT a lawyer?
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
Originally posted by: AnyMal
Burdern of proof is always on the accuser. Have them prove you never returned the books.

ahhh, but we're talking about the government here.
 

mzkhadir

Diamond Member
Mar 6, 2003
9,509
1
76
Originally posted by: krunchykrome
Originally posted by: lokiju
I'd talk to a lawyer, have him write up something nice and official sounding and send it on over to them basically telling them to drop the false charges or you'll take them to court.

See if the call your bluff or not.


:thumbsup: I agree

But how much would this cost in lawyer fees?

Anyone on ATOT a lawyer?

DevilsAdvocate is a lawyer I think
 

krunchykrome

Lifer
Dec 28, 2003
13,413
1
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Originally posted by: mzkhadir
Originally posted by: krunchykrome
Originally posted by: lokiju
I'd talk to a lawyer, have him write up something nice and official sounding and send it on over to them basically telling them to drop the false charges or you'll take them to court.

See if the call your bluff or not.


:thumbsup: I agree

But how much would this cost in lawyer fees?

Anyone on ATOT a lawyer?

DevilsAdvocate is a lawyer I think


Keanu Reeves nefs on ATOT? :laugh:





 

xSauronx

Lifer
Jul 14, 2000
19,582
4
81
Originally posted by: AnyMal
Burdern of proof is always on the accuser. Have them prove you never returned the books.

at which time, just because they can, theyll keep collections on him farking with his credit until he can get them in court to *try* and fix it.

im rather surprised a library would actually keep up with it that long and actually try to bill someone after so many years.

<--- always took his books back...eventually
 

AnyMal

Lifer
Nov 21, 2001
15,780
0
76
Originally posted by: xSauronx
Originally posted by: AnyMal
Burdern of proof is always on the accuser. Have them prove you never returned the books.

at which time, just because they can, theyll keep collections on him farking with his credit until he can get them in court to *try* and fix it.

im rather surprised a library would actually keep up with it that long and actually try to bill someone after so many years.

<--- always took his books back...eventually

At which time all he needs to do is to write a nice letter to the collection agency requesting any documented proof that he owes that money. Law is very simple here, they must respond with proof or leave him alone.
 

AnyMal

Lifer
Nov 21, 2001
15,780
0
76
Originally posted by: Mwilding
Originally posted by: AnyMal
Burdern of proof is always on the accuser. Have them prove you never returned the books.

so naive....
Naive are people who think they're powerless against collectors.

 
Jan 18, 2001
14,465
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1) write a polite letter that says:
a) your understanding of events
b) the date of your first notice
c) request that the library provide you with a copy of their records for the books in question over the period of time in question.
d) request a copy of all your transactions during the period of time in question.

Look to see if the books have been checked out since your returned them and go and see if you can find the books on the shelves. Finding just 1 of them would exonerate you.
 

mugs

Lifer
Apr 29, 2003
48,920
46
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It seems rather unlikely that all six of the books you borrowed just disappeared from the library... It sounds like you're pretty screwed.
 
Jan 18, 2001
14,465
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Originally posted by: mugs
It seems rather unlikely that all six of the books you borrowed just disappeared from the library... It sounds like you're pretty screwed.

not really... if the person who was checking them back into the system screwed up, or if they did some sort of migration of transactional data and dropped some records, then the library would be getting a lot of false positives.

I'm assuming the OP is telling the truth and did in fact return the books. They should be sitting on the shelf somewhere, or they should have been checked out again over the 5 year period.