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University fees court claim


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On Wednesday 14th my brother received a pack from Dartford County court, being a claim from his uni to pay fees of £8000 which remains outstanding.

the pack includes

a claim form

a response pack with an acknowledgement of service, admission form and defense form.

 

I have been reading other threads, but they mainly relate to credit type agreements.

I am responsible for paying these fees, and my first point would be to fill in the acknowledgment of service and put my own name and address on the claim.

Other than this I do not know what to do, Do I still have to ask for documents relating to the claim so I can defend it.

 

 

The POC says

claimant claims for unversity tuition fees due from the defendant, invoiced as follows. xxxxx

 

claimant claims interest pursuant to section 69 of the county court act 1984 rate of 8% per annumamounting to 810.

 

claimant claims

1. sum of £8000

 

2. interest of 8 %,

 

3.further interest to section 69 of county court act 1984 at a rate of 8 % and continuing at a daily rate of £1.75 untill judgement or sooner payment.

 

4. costs.

 

Can anyone give any suggestions as to how to respond, or if possible buy further time?

can I request a default notice and the documents they are relying on to make the claim.

 

Any help would be appreciated.

Edited by vickson
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Help anyone,

 

I am guessing this is not covered by CCA, but does anyone know what type of law governs this.

is my best bet just trying to negotiate and just hoping they dont place CCJ or at most a charging order.

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is my best bet just trying to negotiate and just hoping they dont place CCJ or at most a charging order.

 

'They' don't place CCJs, the court does. They have already asked the court to do this so 'hoping' won't get you very far (sorry).

 

Have you heard from the university prior to this claim?

Have you ever discussed the matter with the university? If you haven't tried to negotiate before then why are you trying now - is it this court action?

 

You haven't said why you haven't paid this loan off. Have you explained this to the university?

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I have tried to negotiate several times before, but they have asked for payment in full, which I am unable to do.

I have heard from their solicitors once before this claim.

 

It is not a loan but tuition fees, All I am trying to do is ask for more time to pay, which the claimant says they are unable to give.

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'They' don't place CCJs, the court does. They have already asked the court to do this so 'hoping' won't get you very far (sorry).

 

That is why I am on this forum to ask for advice. I have been in some financial difficulty which I am sorting out.

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Don't quite understand:

 

Why is the claim addressed to your brother from his uni for his fees, yet you say you are responsible and you have to ackowledge and change the name to yours?

Regards

 

LilyLou

 

 

 

 

 

If I have been helpful please tip my scales

 

Any advice/comments I give are based solely on personal experience, if in doubt please consult an expert.

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Putting your own details on the AOC could be a mistake.

 

You may be better off allowing them to get a court claim against him (he'll be asked to repay at a very small amount if he has no income), and then supporting him with donations of cash to him as an when he needs it.

 

It depends on your relative situations.

 

A few questions -

 

You mention a charging order. Who owns a house? you or your brother? Or both of you?

 

Does your brother have any assets to speak of?

 

Have you personally admitted liability (in writing) for the debt to the University at any point? Are you named on the claim, or is your brother?

 

Have you signed anything saying you would be a guarantor for the fees at any point?

 

M99

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Putting your own details on the AOC could be a mistake.

 

 

 

You may be better off allowing them to get a court claim against him (he'll be asked to repay at a very small amount if he has no income), and then supporting him with donations of cash to him as an when he needs it.

 

 

 

It depends on your relative situations.

 

A few questions -

 

You mention a charging order. Who owns a house? you or your brother? Or both of you?

 

A. I own a property.

 

Does your brother have any assets to speak of?

 

A. He does not have any assets, he is 19.

 

Have you personally admitted liability (in writing) for the debt to the University at any point? Are you named on the claim, or is your brother?

 

A. I have not admitted anything in writing, the claim is in my brothers name.

 

Have you signed anything saying you would be a guarantor for the fees at any point?

 

A. Not signed anything at all. But I think he did put my name down on a form when he first registered for the course.

M99

 

My main question is what should we do with the claim should we admit and then say we can pay a minimal amount each month,

or should we defend part or all of the claim

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The questions about why you're paying your brothers tuition fees is very important. The fact that the correspondence has gone to your brother implies that legally he is responsible for his own debt. If you aren't in a position to pay it either it doesn't make sense for you to take it on yourself.

 

Help your brother deal with it by all means, but it would be better not to confuse issues by trying to get everything in your name and make your own situation worse.

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