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    • 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 Was withdrawn by course tutor from the course.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  
    • If the house was empty for 5 months presumably no-one was watching TV there. An empty house does not need a TV licence if the TV set is not in use. And you don't have a legal obligation to advise TVL that a house is empty.   So apart from the other points already mentioned about TVL you weren't committing a TV licence offence anyway!
    • It's a standard disclaimer, potential employers are unlikely to draw the conclusion that you have. Don't worry about it.
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Daughter v Yorkshire Bank


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Please can someone give me some advice.

I had a visit from the Court Bayliff yesterday looking for my daughter, she no longer lives here but works in Cheltenham and stays with different friends in that area. This is however her postal address. It appears that when she closed her Yorkshire Bank account about 3 years ago she was slightly overdrawn and so they didn't close it. They continued to add charges on and the Baliff had a warrant for £894. She has had no summons, or judgement come to this address. This is honestly the very first she has heard of it!.

As the majority of this Debt is made up of Bank charges, can she get it stayed.

Please help, I feel so sorry for her! The Yorkshire bank led herdown a very rocky road continually increasing her loan and giving her TWO credit cards when she was just 18. She was really starting to get herself on her feet when they knock her back again.

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I'm assuming the bank have got a CCJ against your daughter? It's only if you don't pay on a CCJ that further enforcement action such as bailiffs can be used. What bailiff firm was the bailiff from? Are you sure it wasn't a debt collector - very different to bailiffs.

 

If it is bailiffs then the first thing to remember is do not let them in - county court bailiffs have no powers of forced entry UNLESS they first get 'peaceful entry' ( through an open or unlocked door or open window ).

 

You can apply to get the warrant suspended - see link below.

 

National Debtline England & Wales | Debt Advice | Factsheet 08 Reducing Payments Or Suspending A Bailiffs Warrant On A County Court Judgment

 

If she wanted to defend the claim ie if she doesn't owe all or some of the money ( sounds like loads of potentially illegal charges in there ) then she would need to apply for the CCJ to be 'set aside' as this will put it back to the claim stage. Again see link below. Will certainly be worth sending CCA request to the creditor as well...

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

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Oh, and I meant to say that court papers are deemed to have been served if they are sent to the last known address of the 'debtor'. There is no requirement for them to be sent recorded delivery.

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Thanks so much for that.

I assumed he was from the court but I was so shocked I forgot to ask for ID.

I have got her to send of a SAR today so the bank know she is seriously going to contest this, but I thought it might have gone to far to be of any use.

Thanks again for your very helpful advice.

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  • 2 weeks later...

Update on situation: Submitted form to county court for the CCj to be set aside on the 8th October with £65.00 fee, borrowed from her dad. They were returned to her on the 15th with a note saying that fee had increased to £75.00 . What a load of hassle the £65 pounds was refunded to her even though her dads name was on the cheque.

Have now re-summitted form. This is going to give me a 2nd heart attack.

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  • 1 month later...

Some good news at last!!!!

My daughter had a notification of a hearing for her set aside to be heard on the 3rd December 2007 before the dreaded Judge Mackenzie. We were just in the process of filling in her N244 to apply for an adjounment when a letter arrived from Jeremy Sutcliffe (Yorkshire Bank in disguise) saying they consent to her application for a set aside and the proceedings can be dismissed with no order for costs.

Saved her £75.00 she can't afford anyway.

 

Guess that counts as a victory.

Also now have her statements and they owe her £1953 plus interest. Guess what letter they are going to receive now !!!!!

 

Thanks for all the help I received to get to this stage.

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