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rodenal

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  1. This has reared its head again - moved onto ACT credit management now. Have had a couple of standard threat-o-gram letters and emails - latest one warning of impending potential maybe possibly might want to issue county court proceedings (as below): "e have written to you previously regarding the above debt. Despite our efforts, you have failed to discharge the balance owed to our client. Therefore, we are taking our clients instructions on issuing legal action against you. If our client wishes to proceed, your file will be passed to our Legal Department and a summons or initial writ (depending upon the value of the debt) will be submitted to the appropriate Sheriff Court. The sums due will include the principal sum, judicial expenses, warrant dues and chargeable interest. The appropriate service copy will be served upon you either by our Scottish Solicitors or, possibly, Sheriff Officers instructed by them. Should you fail to act upon receipt of the service copy court document, decree may be granted by the Court. Upon our receipt of the extract decree it will be our intention for this to be enforced by Sheriff Officers, if appropriate. Furthermore, your debt will be registered against you as it will be reported to the Credit Reference Agency. The decree will be enforceable up to a period of twenty years. The Decree will be recorded on a Public Registry and any third parties conducting a personal credit check on yourself, will have access to this information. This is your final opportunity to rectify this matter without need of the said action. We will allow 3 days for your response." Now ignoring the basic and clearly deliberate errors in detail (i.e will be reported to credit ref agency which makes out as though they have any right to report before CCJ+30days) this looks to me like another desperate attempt to get some sort of contact/ dialogue going. I have simply ignored all letters / emails. Should I be doing anything else at present? If by some miracle I receive a summons I am more than prepared to defend it (though may need some guidance)
  2. Received another letter from these guys today, have scanned with relevant details removed as per below Now this letter bugs me and I have a few queries: The "outstanding balance" has increased inexplicably - no mention of how what where why or when they have decided to add cost on ( I know this will be due to "admin fees" but shouldn't these be mentioned?) It mentions "In default of payment" - How can anyone be in default of payment when no legal judgement has been given r.e whether any contract for payment exists? "judgement is not removed even if satisfied" - Judgements are removed if paid within 30 days? "Payment must reach us within seven days" Is there a template against which I can check what these guys have written? As far as I can see (whilst I am by no means a legal expert) there are some misleading lines in here - can/ should I report this to anybody? I intend on making no contact directly with these guys r.e this "debt" and will only respond to a court summons upon which I will offer a defence as per previously (though I may need help wording this)mentioned, I will also be opposing the apparent additional fees listed here. I assume this is a sensible way to go about things?
  3. Sorry to bring up an old thread but this matter has reared its head again.... Have started to receive correspondence from a company called incasso with regards to university fees. Since my last post I gained judgement against my former employer, copied the university in on this and told them I believed this to be clear proof of the agreement of my old company to pay my fees. In the time it took to get this judgement through the company went inti administration/were liquidated. I never paid any further monies to the university. They were never able to provide me with evidence of my agreement to their terms for payment of fees. All went quiet until I recently received correspondence from incasso. The letters I have received are quite frankly unprofessional and are clearly intended to threaten the recipient I to payment. I am fully prepared to take this back to the small claims court. I am not confident that I would win any case but there must be a degree of responsibility accepted by the university for this, they failed to ask for payment for several months, sent an enquiry which was responded to, never replied or applied for payment for several more months, tried to chase me whilst iggnoring evidence that another party agreed to pay them and waited until I legally proved this by which point it was too late. Apologies for the mini rant, I am unsure on how to proceed, do I respond to incasso or ignore them and see what action they actually decide to take? Alternatively I could respond in writing but in all honesty I have no appetite for dealing with and collection agency, or "solicitors" as they would prefer to be called in this case. I have now had two phonecalls, to which I have only stated they should go back to their client and that I will only respond to written requests ( tbough clearly i havent to date)
  4. Have decided to respond to my former employer - sending a further copy of the invoice from the uni to myself, a copy of an email which states I have become responsible because of the employers default along with a contact number for the university finance department to confirm i have arranged payment with them. Also decided to state in this response that I have no issues with my former employer making payment direct to the university. Hopefully this evidence will be enough to convince the court that a loss has taken place (in terms of my breach of contract meaning the amount of the fees has not been paid either to myself or the uni, who are now pursuing me). This is now my main concern, although it may well be unfounded
  5. Thanks again, it's very frustrating not really knowing the ins and outs of whether what I am trying to claim is realistic or not. I dont want to give them any excuse to try and wriggle out of appearing in court or paying this debt.
  6. Yes fairly clear, from the credit control document: " If the student has arranged for the fee to be paid in whole or in part by a sponsor, the Finance Office will invoice the Sponsor directly. In the event of a sponsor defaulting on payment, it is the student’s responsibility to pay the fees. The student will receive an invoice for all outstanding fees. This invoice will be due immediately as per the standard terms and conditions." I also have the statement : "Your sponsor xxxxxxx has advised the University they would not be paying your tuition fees. As a result of this the student then becomes liable to pay the fees" These are clear to me, however I am concerned about how to deal with the information my former employer has requested from me and also whether proof of this debt will be enough or if I will need to make a full payment before resubmitting a case (which I really do not want to do as I simply cannot afford to pay the money out over less than say six months)
  7. Yeah that makes sense and unfortunately backs up what I suspect too. As the employer have defaulted on payment the university will pursue me for it - they have already invoiced me directly and there are terms and conditions within university documents that confirm this too. Surely I shouldn't have to pay this money out before claiming it back, afterall it was part of my contract of employment with the company.
  8. Quick bump for this - any input even if just opinion is more than welcome. I am tempted to send the invoice (which i already have done) over to my former employer and inform them this is proof of financial loss - if they query this I will either a) state it is not for them to decide what constitutes financial loss b) state that as their breach of contract has resulted in the sum of £xxx not being paid to either myself or the university, this along with the invoice from the university is the financial loss. Which makes sense to me, as part of the terms of my employment were this money should be paid either to me or the university directly, the fact that it hasnt means I have incurred a loss, regardless of whether I have completely paid the debt to the university or not (I gave them the opportunity in writing to pay the monies direct to the university before lodging court papers) does this make sense? My real problem here is my complete lack of actual legal knowledge - This makes sense to me but I don't want to make a fool of myself in court.
  9. Sorry to drag up an old thread again but i'm now looking for further advice. I have sent in small claims forms which have now been delivered to my old employer. They have just contacted me asking me to provide documentation supporting the recent payment I have made to the university with regards to my claim. The only documentation I have available is the invoice I received from the University. I have not made full payment to the university yet, only agreed a nominal monthly amount until my case is heard - will this be a problem? I assume they are looking to go down the road that I have not suffered any actual loss yet and use this to try and have my claim dismissed. This is a worry - I cannot afford to pay the £1750 to the university in one lump sum to substantiate this. In my opinion this should be irrelevant as the contract between myself and my old employer is not affected by whether I have paid any money to the university - only by the fact that they have failed to deliver their obligation - am I correct? If so what should I be repsonding to my ex employer with ,if at all?
  10. Quick update on this - seen solicitor last week who agreed small claims would be the way to go here. He however was not so confident that I would be succesful as he believes the employer would try and play the email off as an enquiry rather than an intent to pay, obviously the outcome would be determined by the courts view on this. I have instructed him to send a letter to the former employer (fees were very reasonable for doing so imo), so I have a formal record of requesting they pay the fees before starting small claims proceedings, and have spoken with the University r.e payment should (or when) they refuse. As an aside from all of this I am now wondering whether I have any other recourse available to me for seperate matters. I was given only one weeks notice (I had only worked there for around 7-8 months however) including the use of my company car and had no formal contract, although I did have a clear letter of offer. Should I be looking into taking any further action against them, or have I left this too long (let go in March)? Previously I was concentrating on finding further employment and had put it down to 'the way things are just now' but their recent unethical behaviour has angered me to say the least.
  11. What I am concerned about with small claims court is if I was to lose the case - am i not right in then thinking that I can be made to pay the defendants costs? All I have in terms of evidence is the email which I've detailed above - whilst I consider this to be a clear intent to pay these fees there is no guarantee that others will see it as such. I'm going to make an appointment to see a solicitor (is there a particular type of solicitor ishould be seeking?) and following their advice probably have them send a letter to my old company, copying in the university. If this fails to receive an adequate response I will make a payment plan with the university and begin small claims proceedings against my old employer, representing myself. Does this sound like a solid plan of action?
  12. Ok thank you for the help, I'll get in contact with a solicitor and take things further. I appreciate the replies Will I be within my rights to attempt to claim legal costs from the ex employer?
  13. It contains my name as the subject, doesnt mention my student id, specifies the company name and adress in the email signature at the bottom as well as the directors name and contact details. Fees were to be paid anually - the University also made an error and did not send out an invoice until after I had left the company. I have had a response from my ex employer now, confirming that as far as they are concerned there is no written agreement in place between us. They sent me another copy of the email that I have already mentioned, stating they do not believe this confirms any agreement. They also sent me a copy of a training 'request / authorisation' that they claim would have to have been signed by myself and a director to enable this to have taken place. I have never seen nor been made aware of any such document.
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