Hi all. I am seeking some advice regarding communication from a bursary company about money owed for a bursary contract I signed at 16 years old. For the first time since I left university 3 years ago they have contacted me and requested payment towards the debt I owe for them for the years I was at university. Obviously I cannot pay the amount they claim I owe since I didn't finish uni I didn't exactly get the job with the high pay.
I was wondering if it would be wise to officially acknowledge the debt without a full explanation/breakdown of the amount? I have not recieved any communication from them before this and am really scared
@doomicross You were a minor when you signed the contract. Who helped you sign it? You likely didn’t have the capacity to conclude the contract on your own.
Where is the contract now? What terms did you agree to? That’s your starting point with how to handle this.
R500,000 is absolutely worth R1,000 for an hour of a lawyer’s time to go over the contract and understand your options.
I wouldn’t talk to the company or acknowledge their communication until you understand very clearly what your options are.
@mercedesrub40 I don't think I have a copy of the contract anywhere. I think one of my parents would have signed with me since I was under 18. I'm employed so I think the best course of action would be to come to an agreement regarding small payments if it means way less headache.
I left university on my request with support from a psychologist.
Most are saying I should wait to respond and have a lawyer get involved. I just imagine going that route to be way more work than handling it before attorneys are involved. It looks like I'll have a chat with a lawyer anyway just to confirm my options anyway tomorrow and figure out how/if to respond.
@doomicross The idea of getting a lawyer involved doesn’t have to be to fight some huge gruesome legal battle. It’s just to understand what options you have in terms of contract law.
If the lawyer’s advice is that you pay the debt then that’s what you should do.
If you speak to the other party you’re likely to inadvertently acknowledge the debt. It sounds silly, but there’s legal mechanisms like prescription that may be in your favour right now. Lawyers know how to leverage these things.
@doomicross Look paying anything towards the debt, no matter how small is still better than paying nothing while you sort this out. There is a thing called In Duplum which will eventually kick in. Paying something marks the system as paid at least.
@doomicross In the absence of more details, we are left to assume. Assuming this was a company that paid for your studies with a condition that you will be employed by them after completing your studies. If you chose not to work for them then you may be liable to pay. If the company was unable to place you in a job post-graduation then they should not be claiming you owe them money. Without more details about the terms of your bursary agreement you may not get the best assistance here so seek legal help. There is Legal Aid if you are unable to pay for a law firm.
Edited to say: From my bursary experience, there is no requirement to pay back a bursary unless the agreement was that your funding is on condition that you work for the funder for a specified period.
@doomicross It depends what you signed in your contract. Does it mention any type of clawback based on the events that transpired?
I would start by accepting some responsibility for your actions. You willingly accepted money, as part of a agreement, to complete your studies and likely get a job at the organisation and you didn't fulfil that.
@vincejohnson I don't know why you felt the need to comment on something which you have no expertise.
A letter of demand doesn't interrupt prescription. They would need to institute legal proceedings. If the debt has already prescribed then the creditor is the one that's screwed.
Why would it make any difference if they can prove OP 'hid' communication from the creditor? And 'hid' from who exactly? It's not a crime to ignore letters from creditors.
