Help with old uni debt please

[oojakapipi]

tomterm8,

"grr... is there any way you can change your plea from admit, to admit in part?"

OH, how I wish I could find that out!

Kicking myself (gently) for letting them bully me.

[tomterm8]

I am no longer welcome on CAG

[oojakapipi]

Unfortunatly, I filled the forms in by hand and signed them......

Do you think I could put in a plea that I have a personality disorder that means I sign everything that is put in front of me even if I don't use the service/admit the claim? Its called 'panic and sign disorder'

[tomterm8]

I am no longer welcome on CAG

[Zimmie]

Don't forget though the stress you were under due to being hounded by the collections dept....and the lack of good legal advice.

[tomterm8]

I am no longer welcome on CAG
.

[oojakapipi]

The advise I was given:

1. I am liable for the tuition fees even though I didn't receive any tuition because I signed the registry (which is apparently a contract).

2. I have to admit the claim and wait for judgement.

3. There is no point in defending as the Judge will only be interested in the fact that I signed a contract.

4. There is no point in going to the court at all as these matters are usually dealt with in an office.

5. The uni has 6 years from Oct 2003 to chase the debt.

The advisor that I spoke to had to go and speak to her supervisor to gather the above, I gather from this that the advisor is not actually qualified. This is a service that people are referred to if they are eligable for legal aid and need advice.

I am going to try and find a solicitor first thing tomorrow, to find out if I can change to a defence and if it is worth it.

I have just been asked a very good question:

"When the cheque bounced, did the Uni contact me to inform me/offer other ways to pay my fees"?

No, the first contact they had with me was in Oct 2006 (a full 3 years later), even though I was in contact with them in Feb 2005 about library debt, no mention then about fees either.

They are claiming that they tried to write to me in April 2005. When I spoke to them in Feb 2005 (library debt) they were made fully aware that I was going through a relationship split, and had moved out of the property. They obviously forgot to 'log' that information.

I was in constant contact with my ex as we were dealing with taking me off the mortgage/bills etc, and we still talk now, he was always very good at sending me any letters and never obstuctive, I have asked him and he says if there had been letters from the uni he would, of course have forwarded them.

This is really annoying as I didn't attend the 3rd year due to it not being paid for. They are claiming that they 'became aware' of the debt in April 2005, I could have finished the course, got my degree and suffered the consequences later. Though I suspect that they check you paid your fees before they award the qualification.

[tomterm8]

I am no longer welcome on CAG

[Zimmie]

Oh... it's not oojakapipi fault. He/she did the right thing

I know Tom, I'm not in anyway suggesting it is Ooja's fault. I'm totally behind her/him on this. I just feel that without the stress of the debt collection dept hounding & threatening, Ooja would have been more able to challenge it.
Also Ooja informed a Tutor that she/he would not be attending the 3rd year. The tutor has a responsibility to inform the dept head of this, maybe even try to support Ooja to continue. The Uni was obviously aware that Ooja wasn't attending...that should have alerted them to a problem that they should have tried to resolve.

[tomterm8]

I am no longer welcome on CAG

[oojakapipi]

Ok,

I have finally found a solicitor who will see me tomorrow, so I am suspending action until I have seen him.

I phoned the court and was told that they havn't received the claim documents yet....... strange indeed as the uni debt collector was like a dog with a bone and now is either on a go-slow or a holiday, can't see that as this is the time students are trying to qualify, so they must be busy checking everyone has paid for the qualification they are about to receive (may they be truly thankfull!!!).

Spoke to National Debtline and they said that court action is a last resort, and the court will not look kindly on a case where reasonable (within my income limits) offers have been made, and subsequently refused. It is in the uni's interest to stop the court action and take what I can offer, otherwise they will be looked upon as unreasonable, wasting Judges time and public funds. I was also advised that it was in my interest to attend the court if I can't stop the action, as Judge may want to ask questions.

Phoned the SU and waiting for them to get back to me, if they can't help at least I can get the info off them about instalment plans, wording on the registry papers and if there were/are partial refunds offered for students who don't complete.

Thanks for all the help with this it is really difficult to know how to deal with them, impossible to establish how the financial departments of universities are governed, I will update when I know more.

[emmaf01]

This is such a complete nightmare for you! Hope the solicitor tomorrow is more help.

Keep going- if any of us can help, we'll try. Keep us posted.

[Zimmie]

Ooja, this all sounds positive. I've got everything crossed for you. Go for it and tell about the hell they've put you through. I hope it all comes out in your favour. Education should be free. I'm really rootin' for ya.
Hugs Ooja, Zim.

[oojakapipi]

Zimmie,

Thanks for that, you and tomterm8 are really on the ball as I notice that you both mentioned Overriding Objectives earlier in the post, which National Debtline also mentioned and told me to speak to the solicitor about. I am a bit blinded by science and feel like I am on a fast-track legal course!

Thanks again for the help.

[oojakapipi]

I have discovered that it is possible to change the plea, and as I was pressured into admitting the debt from c*** legal advice and timescales, it will not go against me in front of the Judge if I get a good defence together. Since this 'lady' seems determined to proceed to court and wreck my employment prospects I will turn over every stone to defend this, nothing ventured nothing gained!

The uni have been sent a request for the terms and conditions and the contract. I will also be requesting a copy of all information held by them on me, but its not an S.A.R. at this stage.

If you are reading this thread because your uni is claiming a debt against you for fees for a course you didn't attend/ended in early stages, then the advice given by previous posters is the route to take. At my stage it is now unfortunatly a bit more complex.

The Student Union is looking into it.

I am also drafting an email to send to all and sundry media/political parties/watchdogs.

Will post more when I have more info.

[oojakapipi]

I have had a thought preventing me from sleeping so thought I would just have a little look at the Data Protection Act.

This is from the Information Commissioners Office website:

How do I know if my problem is a data protection problem?

It is possible that you might have a data protection problem if you have been denied any of your rights, including your right to see the information an organisation holds about you, or if the information about you is used, held or disclosed:

•

unfairly;

•

for a reason that is not the one it was collected for; or

•

without proper security.

Or, if the information about you is:

•

inadequate, irrelevant or excessive;

•

inaccurate or out of date; or

•

kept for longer than is necessary.

For more information about these requirements, please see our website
(Information Commissioners Office – Information Commissioner's Office) or call our Helpline on 01625 545 745.

I was contacted at my Dad's home on his telephone which was the first contact I had about this debt by an Enquiry Agent appointed by the university.

The only reason that the university had my Dad's details is for the purpose of next-of-kin detail requirements, NO other reason. There is no way that this Enquiry Agent could have obtained information about my Dad and his phone number without the university giving it to them.

Furthermore, the university have confirmed that they have appointed a third-party in a letter to me:

Dear oojakapipi,

We have been trying to contact you at an address we had on file, (my old address), but received no responce. We therefore instructed Enquiry Agents to find your whereabouts and they report that you have returned to live with your father at ................. on a temporary basis until you move to your new home. They further reported that you said that you would telephone this office yesterday (date). We did not receive a phonecall. An Administration Charge of £xx.xx has now been added to your debt.

I like the way they say I had returned to live with my Dad, I have never lived there, and when this Agent phoned I made it perfectly clear that it was not my address.

Any opinions on the above gratefully received. Now I'll try and get some sleep