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ElDiego10

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  1. Received letter from the courts today to say they have received the defence and claimant has 28 days to respond/issue mediation etc. All part of the process I guess but wanted to keep this updated so anyone looking back will be able to know exactly what to expect.
  2. Yes, left it as it was. It was just when I was going through the site, it said about counter-claim, I wrongly interpreted that - hence I thought it best to ask on here as your knowledge and direction has been invaluable.
  3. Nothing was amended. Just added in the dates. When I said amended, I meant where it asks for counter claim - just got rid of it all.
  4. Hi, I'm just doing the defence on the site now, it asks - Do you dispute the claim because you have already paid it? Do I say yes to this as I have paid whatever it was that was owed during the course or do i say no? Thanks
  5. Thank you Andy. Will get this filled in as soon as I am back from work today. Regarding some of the details I mentioned above, is that something I may need to discuss during the actual case or most likely too technical in any case? Thanks again.
  6. Hi, so I have some points regarding a defence based on my situation - I am not 100% sure exactly how to word this, I've never done a defence before. Some points are: 1. I paid the fees out of my own pocket. This is a quid pro quo contract, something for something in return. In this case I was paying for a service until I was denied the service from the college. There was no loan or credit taken out from the college or any third party institution. 2. The college was challenged on the indemnity form which specifically states that if "I withdraw from the course". In this instance, I did not withdraw from the course, I was forced to leave the course by the college. I had been paying up until I was withdrawn. (evidence is available in the form of an email here) 3. The college quoted a learner disciplinary policy: There is a policy that they have quoted which states "5. If a student is excluded or suspended through the Learner Disciplinary Policy a refund of fees or a credit note will not be issued." - note: There is no refund to be asked for or credit note to be issued - therefore this does not apply in this instance, as I was paying out of my own pocket. This is a refund policy as well - not a "debt collection" (in whatever term you want to use instead) policy - therefore, this should not apply in this instance. 4. Requiring the consumer to bear inappropriate risks 83. It may be unfair for a business to use wording that passes risks onto the consumer which the business is better able to bear. 84. Indemnity clauses12 that protect the business in this way from its own negligence, or terms that transfer a risk to the consumer when the business can insure against it and the consumer cannot (or at least not cheaply and easily), are particularly liable to be considered unfair. Requiring the consumer to make disadvantageous declarations 85. If a declaration is written into a contract this may, in practice, force consumers to make it even if it is not true. This is potentially unfair. Consumers may think it is just a formality, but could later be told that they have ‘signed away their right’ to argue that the facts were not as the declaration indicates. 86. For example, it is likely to be unfair for a consumer to be required to sign a declaration that states they have ‘read and understood the terms and conditions’. The purpose of declarations of this kind is to bind consumers to wording regardless of whether they have any real awareness of it. [reference: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/450410/Unfair_Terms_Explained.pdf] I will counter claim the fees that I have already paid to the college due to the psychological injury caused by the situation.
  7. Hi Andy, Yes, have been on the website and submitted acknowledgement. So I'll probably go over some things this weekend, only thing is I'm not sure how much detail I should go into these! Is it a basic - point 1 I will counter with saying I was forced to remove from the course etc. Keeping it short and sweet? Thanks again!
  8. Have posted off the CPR first class recorded and signed for, have the receipt as well. Is my next step doing the defence now? Thanks
  9. Couldn't remember it, so I just put down CalderdaleCollege - it did say on the side its whatever I wanted it to be (so hopefully not detrimental!) I've done the CPR, will print it off and get it sent out tomorrow first class recorded delivery at work. Thanks.
  10. Thank you DX. Quick question - it does mention a counter claim, is that something I would do now or later on ? I'm thinking of putting something in for the fees that I paid, plus compensation for time/distress/mental health etc? Or would you not recommend that?
  11. Name of the Claimant ? Calderdale College Date of issue – 16/09/21 Date to acknowledge) = 04/10/21 date to submit defence = 18/10/21 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The Claimant claims the sum of £1042.50 in respect of tuition fees, details of which have been delivered to the Defendant. 2.Payment has not been made and the Claimant therefore claims – 1. The sum of £1042.50 being as to the sum due. 2. Costs. 3.The Claimant has complied with the Pre-Action Protocol for Debt Claims dated this 15/09/2021. 4.The Claimant claims interest under section 69 of the County Court Act 1984 at the rate of 8.00% a year from 30/05/2019 to 15/09/2021 on £1042.50 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.23. What is the total value of the claim? £1394.44 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Tuition Fees When did you enter into the original agreement before or after April 2007 ? After April 2007 Do you recall how you entered into the agreement...On line /In branch/By post ? At the college – signed paper. Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. STA International Were you aware the account had been assigned – did you receive a Notice of Assignment? Received letters from STA International chasing debt. Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Was withdrawn by course tutor from the course. What was the date of your last payment? 29 March 2019 Was there a dispute with the original creditor that remains unresolved? Yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
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