Ousba - Default Notice And Ccj Wrong!!!!

[rob20042513]

Hi Post,

 

help urgently needed now, received a letter this morning from their solicitors stating that they are now looking to enforce the debt unless i ring them immediately to pay the costs!!!!!

 

I really need your expertise on this, did you manage to draft anything,

 

once again thank you, sorry for being a pain in the **** lol

 

ALSO IF ANYONE ELSE CAN ADD TO THIS PLEASE FEEL FREE, THE MORE BRAIN POWER THE BETTER.

[2Grumpy]

For the set aside the important items are

 

1. they did receive the cancellation

 

2. the agreement is unenforceable

 

3. they ignored your informing them of your change of address & did not bother to attempt to find your new address before getting the CCJ

 

For now, if they have a CCJ, you might have to start paying it. But you would need a copy of the judgement first.

 

However, I'm not sure that you should be paying their solicitor directly for their costs. That sounds like someone else is up to Brian Carters tricks

[rob20042513]

thanks grumpy,

 

postggj, has confirmed that the agreement is complete tosh, can you pm your e-mail address and i will send you an attachment of the agreement see what you think to!!!!

 

thanks

[rob20042513]

hi postggj,

 

hope to hear from you soon, so shall i just submit this;

 

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)

 

IF YOU COULD ME YOUR VERSION THAT WOULD BE GREAT!!!

 

THANKS

[rob20042513]

postggj who there???

 

thanks

[postggj]

hi rob

 

ill be with you this evening when i get in from work

[rob20042513]

Thank you!!!!!!!!

 

you are a complete gentleman!!!

 

I love to get this sorted now and hopefully it will help others.

 

speak this evening

 

thanks again.

[rob20042513]

Hi guys,

 

 

i have attached a link for someone to also have a look at and check to see if this agreement is unenforceable, also please read my thread to get understanding!!!!

 

so far postggj has been a great help, more advice appreciated

 

thanks

[2Grumpy]

This is a running credit agreement, not a fixed sum agreement.

 

There should be an interest rate, a credit limit (that they might be able to advise you of separately) and maybe how payments are calculated. I can see the interest rate, but the agreement is a bit difficult to read to see if the rest are there

 

Did you cancel the course as well?

If you did then you might have been entitled to a full or partial refund that should have found its way on to your account.

 

Alternatively did you fund the course in a different way? Again, the OU should not have taken the money from this account.

 

You would have them by the ***s if you had have already paid the OU, as you had cancelled the agreement, already paid, then got charged by credit & had all this happen

[rob20042513]

Hi Grumpy,

 

Thanks for your input, I actually cancelled the course within their specified days however they denied this and continued to pursue me. I changed address to which i did notify them however they did not update and sent everything to my old address????

 

The agreement is complete nonsense i believe, i dont actually know what i'm paying for nor is there any credit amount stated???

 

I must disagree that it is a running agreement, because this would have been used to pay a lump sum of the course and then pay back by monthly installments???? however i dont know what i'am paying for as there is nothing describing any amounts or what the characteristics of agreement is for???

 

more advice needed

 

thanks

[2Grumpy]

It looks like a running credit agreement because it says that the OU will charge the course value to the account. The agreement might have been valid for several years. To me it looks like it would operate in the same way as a credit card would do.

 

There would be a lump sum to pay back each year, but as a credit agreement it looks like a running credit agreement to me.

 

As far as cancellation is concerned, there are two things here that we shouldn't get confused.

1. the credit agreement

2. the course

they would be handled by separate organisations

 

I think that you are saying that you cancelled both, but you need to check that. Can you confirm which you cancelled?

 

If you only cancelled the credit then the OU itself should be after you (but I think they shouldn't have let you finally register without payment in place)

If you only cancelled the course and you were due a full refund then the OU shouldn't have charged your account.

 

Either way, OUSBA shouldn't be chasing you!

[johnerog]

hi all.

This looks like an application form. Have a look under Personal Info and Credit Searches some-one

[rob20042513]

hi,

 

the course was cancelled with the ousba, i only had 5 days to cancel this, anyhow nowhere on the cancellation form did it state that i needed to cancel the course with the OU.

 

The course if i remember was only £640 i think and payable by 8 monthly installments, i cant see how it could be a running agreement as it was only applied for this term, it was not a 3 year course or anything, just a course to top up my degree.

 

anyhow i think (please correct me if i'm wrong)

 

1. I cancelled the course end of

2. The agreement is unenforceable because it does not state what the agreement is trying to enforce???

3. They did not change my address as they dont verbally record calls so i cant physically prove otherwise, my word against theirs.

 

please help!!!!,

postggj you there mate??

[postggj]

rob

 

give me a few days and ill post a letter for you to cut and paste onto the n244 form to set asside the ccj

 

it will cost you 75 quid though

[rob20042513]

ok postggj, thanks

 

is the agreement definitely unenforceable???

 

1. missing Prescribed terms

2. Not stating which agreement it is i.e. fixed sum loan etc

3. does not state what i'am paying for

[postggj]

its pure bovine excrament

[rob20042513]

thanks postggj,

 

look forward to your defence over the next few days for me, you have been an inspiration a great cagger

 

thanks

[KER]

It does state there is no credit limit.

 

The OUSBA accounts (I used to have one) were set up so you would charge your course fees to it, and it would tell you what you were agreeing to, and over how many payments etc. By applying for a course and charging it to OUSBA, you agreed on the payments! This is all detailed in Part A above. I am guessing that they have your completed course form and this is what they will rely on.

 

OUSBA would usually send you a statement telling you what had been charged and how the payments would be calculated.

 

If you cancelled before the course had started you would owe nothing. After that, refunds were based on either before 1/3rd into the course and before 2/3rds into the course.

 

OUSBA don't operate agreements like this any more. For each course you take, you now have to apply for an OUSBA account for each.

 

 

 

Can you confirm that you cancelled the course BEFORE the start date?

I think trying to rely on "doesn't state what I am paying for" is a bit of a false start - as they will most likely have the course documentation you agreed to which will back Section A in your OUSBA agreement up.

[KER]

its pure bovine excrament

 

 

I wouldn't be too sure. It all refers to the signing up of courses.

 

You set up the agreement, and then you can charge OU courses to it.

Of course, when you set up the agreement, you have no idea what courses you will charge to it!

 

I charged, and cancelled, many to mine!

 

When you agree to a course, it quite clearly tells you what you are agreeing to and the OUSBA agreement supplements that.

 

If it were me, I'd be asking for the proof I signed up to the course as well, as one will tandem with the other.

[KER]

PS, that agreement also says "terms overleaf" ... have you got the terms overleaf? We are missing those!

 

 

(I do agree though that if they sent all the stuff to the wrong address you should get a set aside based on that if nothing else!)

[2Grumpy]

It does say in there "application" but I think that applications can be agreements if all of the requisite terms are there.

 

It says that payments will be calculated to spread the cost over the duration of the course(s)

 

But if the credit & course were both cancelled (both at the same time , but you would expect OUSBA to talk to the OU, they are hardly far apart) then there's nothing to pay

 

The SAR shows the cancellation.

 

So OUSBA have got a CCJ on a credit agreement that had been cancelled

The change of address is irrelevant now

They have also registered a default on your credit report. That is libelous.

 

Oh dear

 

Get the CCJ set aside on the basis that the credit was cancelled

 

That sets it back to the beginning to fight against

 

Defend on the basis of credit cancelled

 

Sue for the libel

 

Contact the CRAs now, inform them that the credit was cancelled within the 5 days allowed and that the default plus CCJ should be removed immediately while you are going for a set-aside. They probably won't, but then you can go for the CRAs too maybe!

[rob20042513]

hi ker & grumpy,

 

thanks guys for your replies,

 

However, this agreement by no means necessary is still regulated under the consumer credit act 1974. The agreement must met all the prescribed terms and be cautioned upon the distance marketing regulations 2004!!! for example by giving the customer 14 days notice to cancel not 5 days etc. giving me pre-contractual info first to allow me time to consider under the OFT guidelines.

 

The agreement does not state anywhere which course i'm paying for and for how much, they could have tried to have enforced for example £10,000 or my argument is that i only owe them £1. They cannot enforce something that is not signified under the 'four corners' of the agreement, cannot be on seperate forms.

 

The agreement you saw first in my opinion was an application, which was signed by me on the 26/05/07, i then received in the post on the 3rd of june 2007 another agreement with my details on it plus my right to cancel. So i signed the form sent it back to cancel and not resign the new agreement. The course was not starting until Nov07, and nowhere in the cancellation form did it mention i had to cancel with the OU, i would have expected them to have cancelled the course as i was cancelling the funds.

 

Surely it cannot be a running credit agreement as it does not offer a credit limit????

 

anyhow please see the second agreement below, now i dont know if this is right to as they signed the first agreement on the 04/06/07, and on the secong agreement another signature stating the 03/06/07, this did not allow me the required time to cancel the course and they just signed it anyway???????

 

Please i need more help with this, and surely postggj cant be wrong???

[rob20042513]

this is the second agreement

 

[postggj]

Crap

Pure Bovine Excrament Again

[rob20042513]

hi postggj,

 

the other guys seems to think that this seems to be ok,

 

am i right in saying what i did in my previous post????

 

Getting confused on who is right or wrong here???

 

thanks