Ousba - Default Notice And Ccj Wrong!!!!

[rob20042513]

Hi,

 

Please can someone help me urgently???

 

Its a long story but really simple to follow, please help,

 

1. signed up to ousba (open university) account for my course may 2007

2. cancelled the agreement in june 2007 (7 days cooling off period)

3. Two months on they dispute that i did not cancel so wrote a letter

4. Indemnity claim through the bank for money they took out of my account

5. Another from them stating i have not cancelled, so i wrote back once again

6. more letters from them and me until may 2008 explaining that i still dont owe them anything as i cancelled, also informed them of change of address

7. its now may 2009 and i have just noticed a ccj and default on my credit file back for 2008???????????

8. wrote to them explaining how upset i was and that it is totally wrong

9. They wrote back saying that they did not recieve my new address nor did they tell that the dispute had fininshed so it was my fault

 

 

Please what can i possibly do, i definately cancelled but did not send it recorded delivery silly me but still relyed on the postal service.

 

 

Lets start with this so far where i see major problems:

 

1. I have subject accessed requested them which so far they have only sent me half of the paperwork, PLUS THEY HAVE A COPY OF MY CANCELLATION FORM

2. The credit agreement seems to wrong and has not got all the prescribed terms.

3. They also tell me that i should have cancelled with the course department as well, but this was not stated in the RIGHT TO CANCEL FORM???

 

Please help as i want the ccj and default removed as it is unfair

thanks

[rob20042513]

Guys can ypu please help me with this thread, digging up old ground but about to set aside the CJJ.

 

My agreement does not state anywhere the 'AMOUNT OF CREDIT' or description of the goods??????????????

 

advice please

[postggj]

Ho Rob

 

Can I See The Agreement

 

Did They Send You A Final Response To The Complaint Advising You If Unhappy To Take It To The Fos

 

If Not, Its Still In Dispute So No Legal Action Can Be Taken

[postggj]

When Is The Set Asside Hearing

Any Chance Of Getting The Claiment Not To Object To The Set Asside In Writing

 

Might Need Some Sabre Rattling Pretty Quick

[katpuss]

Have you got your cancellation request in writing? How did you inform them of your change of address?

 

**EDITED**

 

Back to your queries I would complain about them, maybe to the OFT?

Edited August 26, 2009 by car2403
Removing commercial advertisement information

[rob20042513]

ok this is it so far, i hate the ousba for doing this nasty tactics

 

1. I have had a letter from their solicitor stating ' We have reviewed your letter asking to my client to set aside the judgement, however we are satisfied that the court judgement is entirely regular and that we wont be making changes'

 

2. I cannot post up the agreement no scanner, but the only thing that is missing from the whole agreement is the AMOUNT OF CREDIT, there is no balance or description of goods so i dont know what i'm paying for i.e. 1p, £6 or even £1,000,0000 this must be unenforceable!!

 

3. Lastly when i changed address before i moved it was verbal over the phone, however the ousba admit that they do not record telephone calls or record them on the systems.

 

what can i do

[postggj]

try going to your local internet caffe or libary and scan the agreement, transfer it then to a flash drive

 

the amount of credit is a prescribed term

[postggj]

dont get confused with

amount of credit

 

and

 

total amount of credit

[rob20042513]

the agreement was signed on 26/05/2007,

 

however i dont know what im paying for, it is a fixed sum agreement,

 

it does not have any figures or amounts on there, am i stuffed here or would it still need to show on the agreement what the goods are or the credit borrowed.

 

advice please

[postggj]

if its a fixed sum agreement than thats different

 

ime shooting in the dark until ive seen the agreement and how its laid out

 

it would need to show the amount of credit

 

please post it up to confirm for a def answer

[rob20042513]

i would love to post it up but i cant really,

 

the layout is spot on, however what am i paying for a jumbo jet, pair socks, it does not mention this anywhere???

 

I thought the reg in april 2007 stops me from going for unenforceablility, but surley they cannot get away with not describing anything???

 

advice

[postggj]

a prescribed termis just that

a prescribed term

with out it they are stuffed

 

cant do know more though with out seeing it

[rob20042513]

postggj can i pm you over the photos of it??

[postggj]

by all means

[postggj]

rob

 

what you have sent is not a consumer credit agreement

them implying it is is rollocks

 

the reason they got this ccj was it went undefended

 

put that agreement in front of a judge and he will throw it out

 

ok the first step will be to apply to have the judgement set asside

 

go into your county court and ask for a half a dozen of n244 forms.

 

this will cost you 75 quid to get rid of this ccj

 

i can see no probs but at the end of the day its up to a judge and only 75 quid is at stake

 

you up for it

[harrassed senior]

I believe that you can claim to have the fees reduced if you are on some benefits. You can also donwload these forms from:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n224_0499.pdf

[postggj]

well spotted hs

[rob20042513]

Hi Postggj,

 

Really appreciate you looking at the agreement, can you see what i mean by no amount of credit or what i'am actually paying for, it must be junk. The reason why they got the ccj is because all the correspondence they kept sending went to my old address not my new one when i instructed them, so obviously i could not acknowledge the claim therefore they get judgement by default, CLEVER!!!!

 

All my docs are ready for the set aside i will post up my defence in short, please advice on this:

 

 

Evidence to support defence claim to set a side Judgment

 

Background:

In xxxxx I conducted searches on my Credit File in order to achieve a credit scoring, on my discovery i have realised that there is a default and CJJ present from the 'Open University Student Budget Accounts'. I contend that this information is unwarranted and completley false and has not complied with the legislation outlined below:

 

 

Cancellation Of the Course:

 

1. The Claimant has sent out an application form for myself to fill in and send back, I did this being mindful that i was going to pursue the course. However circumstances changed with work and I decided to cancel the course. I needed them to send me the cancellation form as presented in the application form in order to cancel under their terms and conditions. The cancellation form was filled in appropriately as instructed with my signature and dated within the required time frame of thier 5 days by return, this was sent first class and never returned to me as not delivered. ( As i have managed to lose the form that was sent to me through my Subject Access Request recently, I would deem it to be fair that if my case is heard that the judge grants me the request to receive all documentation from OUSBA once again to prove that they do have a copy).

 

2. The claimant stated that the course was never cancelled and that they did not receive the cancellation form, so i wrote back to them clearly stating that the course was cancelled and that the form was sent as instructed back in xxxxx. (The discovery of my Cancellation form came to light when i did my Subject Access Request on them through the Data Protection Act in xxxxx this can be proven if the court allows me to pursue that).

 

3. They never cancelled my Direct Debit so the first payment that went out of my account I actioned an idemnity claim against as they had no right to take payment, this was never challenged by the OUSBA.

 

Change of Address:

 

1. Correspondence was sent between myself and the claimant over nearly three to four months right up until xxxx still disputing the cancellation, I explained to a gentleman named 'Trevor Claridge' at the OUSBA that I still declared no knoweldge of this debt any longer and that it was cancelled back in xxxxx. I was then in the process of moving property I informed him verbally that any more correspondence from them would need to be directed to my new address xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, he confirmed to make the changes and update appropriately and that any further correspondence would be sent there, this clealry did not happen as they deny recording phone calls or any diary notes as they do not do this as stated in (Appendix 11) 'Phone calls are not recorded so we do not hold records of any verbal communication'

2. As my address did change I never received any further correspondence from the claimant nor received any telephone calls from them in respect to the account. As this was the case I deemed that they had accepted that the course was cancelled and from that never heared from them again. I must stress that I never recieved any default notice, termination letter, letter before action, or the court papers being served as the OUSBA sent them all to the worng address.

 

3. If the claimant had sent such correspondence to my new address as stipulated to them then i would not have put myself in this position and the matter would have been dealt with sooner and with legal help.

 

Credit Agreement Not Conforming to the act 1974/Amended 2006:

 

1. The Credit Agreement that was supplied to myself does not contain all of the precribed terms under the 1974 regulations and the amended 1983 regulations. No where on the Credit Agreement does it state 'AMOUNT OF CREDIT' as a prescribed term or 'OTHER FINANCIAL INFORMATION' So i dont know how much is agreed to pay nor do i know what the description of the goods or service are for me???? (Please see attached a copy of the Credit Agreement appendix 1). I consider this Contract Unenforceable as to the reference of Wilson v First County Trust . They also do not mention any Key Information in regards to any list of charges applicable to the account. So any charges that have been added to the account are unlawful and a breach of the Consumer Credit act 1974.

 

2. The application was made on the xxxxx (please see appendix 1) and the OUSBA did no sign this at the time, I then received my Cancellation form on the xxxxx when i decided to cancel. So I signed and returned the form as instructed on the address provided and dated this on the xxxxx. However with this cancellation form was another contract signed by OUSBA on the xxxxx (see attached Appendix 111) which i did not sign as i was cancelling the course. So in respect to this as my rights were to cancel the agreement i was not legally bound to the agreement sent out with the cancellation form until the xxxxxx if i wanted to continue. On my complaint letters the OUSBA stated that the original agreement was (Appendix 1) however there is a different signature on that and dated the xxxxxx. This was not the Original agreement as it was an application in the first instance, i did not sign the second (Appendix 111) to sign the true agreement as i was intending to cancel, now they say it was for my copy only, even though it does not state anywhere 'COPY'. The Regulations also provide a right of cancellation where a contract is entered into the Distance Marketing Regs 2004, other than in the case of agreements secured on land. The period of cancellation is 14 days from the conclusion of the contract or (if later) the date on which the consumer received the full terms and conditions, this again has been breached as they only offered 5 days and did not give me any pre-contractual information as required by law to consider the application and the right to cancel. Even if i was presented any pre-contractual information the matter still stands there is no mention of Amount Of Credit owed or what I'm alledgley purchasing, their phrase BALANCE OUTSTANDING.

 

3. The claimant I believe has also breached the The Financial Services (Distance Marketing) Regulations 2004. The OFT (Office of Fair Trading) clear states that Pre-Contract information must be presented to the consumer and that the 'Regulations require specified information to be provided to the consumer in good time, before the consumer is bound by the contract'.

In the case of credit contracts, the information must include:

 

* the name and address of the creditor

* a description of the main characteristics of the credit

* the total price payable for the credit

* the arrangements for payment, and

* information regarding cancellation or termination.

 

The Credit Agreement does not Supply the *a description of the main characteristics of the credit or the total price payable for the credit * this is clearly a breach of the regulations as no pre contract was ever issued, this is evident through my Subject Access Request and in (Appendix 1 & 11).

 

 

 

Summary:

 

My Defence is based upon:

 

 

A) The OUSBA did receive my Cancellation form as identified through my Subject Access Request.

 

B) The change of address was acknoweldged however not actioned, this would have been defended unquestionably if notices were received to my new address

 

C) The correspondence was never receievd nor did i receive court papers in order to acknowledge and file a defence

 

D) The agreement does not conform or comply with the Consumer Credit Act 1974,84 regulations at all.

 

E) The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

 

F) Accordingly I put the Claimant to strict proof that every charge and collection charge made to the account was valid and lawful as this is not evident in their Agreement as no description in their terms and conditions stipulate such charges, or physical amounts.

 

I believe that the facts stated in this section are true along with all evidence (Apendix 1, 11, 111)

 

 

 

 

......................................................

 

Robert Thomas (Defendent)

 

 

GUYS IF YOU THINK THIS IS WEAK PLEASE AMEND FOR ME. MOST GRATEFUL AGAIN, THANKS

 

ADVICE PLEASE

[rob20042513]

anyone help please!!!!!!!!!!!!!!

[postggj]

hi rob

 

not bad but for a set asside a bit long winded

its not a defence as such

the judge will just want the facts and a realistic prospect of defending any claim

 

the court docs going to a previouse address for a start is good enough

 

see if you can slim it down and ill do one also to compare

 

the judge will just be looking for a rubber stamp job so dont confuse things

[rob20042513]

hi postggj,

 

thanks, if you could produce one for me then i can pick the bones out of it, sorry it was long winded i just wanted the judge to see that i covered all basis, i'm not really clued up with this stuff!!!!

 

So quick question to, my agreement what did you make of it?????

 

also they sent me another agreeement after the first one along with the cancellation form, i will e-mail that to you know, please have a look

 

thanks

[postggj]

ref the agreement

 

ive seen some bad agreements in my time but i cant even call that piece of crap an agreement

 

ill do one over the weekend for you

[rob20042513]

hi postggj,

 

have you looked at your e-mail??

 

thanks

[rob20042513]

hi postjjg,

 

when you get time mate can you start the defence i need to input for the n244, i am not confident with this stuff in case i get it wrong

 

thanks

[postggj]

Old News

 

Rob

 

Ime On This