Ousba - Default Notice And Ccj Wrong!!!!

[postggj]

Rob

 

Its Called Perscribed Terms For Any Agreement Covered Under The Cca 1974

 

Your Agreement Is Very Much Lacking

 

No Probs

 

But More Comments Apreciated

This Is Not A One Man Band

[rob20042513]

exactly,

 

I did not sign a credit agreement with the OU and signed an agreement to pay money with the OUSBA, however the agreement states that i must pay fees of some sort but even so HOW MUCH?????

 

I'm I write in saying to that the Distance Marketing Regs come into this as it was a long distance agreement, there is no mention of this in the agreement either??????????? what are my rights here to.

 

I will also post up the default notice and the termination letter for you guys,

 

Time is ticking and i need to produce a defence for the set a side also on what grounds to challenge this.

 

I need more people to contribute your help really is needed now, thanks

[rob20042513]

Hi,

 

Below is the cancellation form that i sent in the first place, this was discovered on my Subject access request.

 

However i did keep a copy of the cancellation when i sent it originally for future reference.. thankfully

 

Edited August 26, 2009 by rob20042513

[rob20042513]

Now this is the copy of the default notice i was sent:

 

 

[rob20042513]

then this is the termination letter:

 

[rob20042513]

now this is funny look at their latest agreement that is now on their website available for students, totally different compared to what i had????

 

 

[rob20042513]

After much research, i believe this to be a revolving credit account???

 

so where do i stand now,

 

come on guys need your brains on this one!!!

[KER]

re the latest agreement, it's as I said - they now make you take out a credit agreement for each course, rather than the revolving credit that we used to have.

 

It's all to do with start dates. If you cancelled the course BEFORE the start date, then you pay nothing. If you cancelled it one day after the start date, you are liable for 1/3rd of the fees. That's how the OU has always worked.

 

I think the problem is, that you cancelled the OUSBA agreement, but did you cancel the course ??? One will not just cancel the other.

 

If you didn't cancel the course as well, then you are liable for the fees, therefore cancelled OUSBA or not, you still need to pay what was placed on there!

 

So whilst some are saying "pure bovine" You also have an agreement with the OU that is seperate from OUSBA. - I hope that makes sense.

[KER]

I think as a start, I would write to them and ask

 

How they can pursue you for money when They have sent You a valid cancellation request... (having just read the cancellation request and the dates on there are within the five days..)

[2Grumpy]

The cancellation form says that if you cancel within 5 days they cancel the course & agreement and you owe nothing

 

You did that

 

Your SAR confirms it

 

case closed (or it should be)

 

I think that is a revolving credit agreement. It might be enforceable but it was cancelled anyway so it doesn't matter

 

You have a clear case for the set-aside because of the cancellation

 

You have a clear defence for their original action (the set-aside just takes it back to the beginning) - the cancellation

 

You will have a case for libel because of the default registered at the CRAs for credit that you never had

[2Grumpy]

Try writing to them

 

Without Prejudice save as to costs

 

Dear sir

 

I cancelled my credit agreement no **** that day after I received it. This was in the 5 days that you allow to cancel the course and agreement.

 

My subject access request confirms that this was done.

 

I contacted you to inform you of my change of address but you failed to record this on your system.

 

Subsequently you have registered a default on my Credit Reference file and have obtained a County Court Judgement by default as you sent the court documents to my old address.

 

The default and CCJ were for credit that you did not provide.

 

I would invite you to

1. obtain a set-aside for the judgement

2. discontinue the then outstanding case against me

3. remove all adverse comments (including default and CCJ) from my credit file

If you notify me that this has been done in the next 7 days then I will be prepared to negotiate a settlement for the counterclaim that I would have been making as well as the substantial damages for the libel and harm done to me, caused by the default and CCJ on my credit file

 

[rob20042513]

hi guys

 

thanks for the responses again,

 

This is starting to really confuse me now, in one of my letters i sent them a copy of the copy i had that i sent to them cancelling the course. This might their argument in court where the copy of the form was what i sent to them which was to late in my letter after the course started???

 

I mean it will be my word against theirs???

 

One major thing that is puzzling me is that how do the distance marketing regs affect this, surely they must follow the guidelines of the oft.

 

Also could you please answer the following to:

 

1. Is the default notice correct??

2. Is the termination letter correct??

3. How will distance marketing regs affect this as it was sent to my home to sign??

4. Isn't the first agreement an application???

5. Is'nt the second agreement the executed one??? (without my signature)

6. Are'nt they meant to give me 14 days to cancel not just 5???

7. If its a revolving account isn't meant to state that???

 

SEE BELOW THIS TO DOES IT HELP HERE:

 

63.

Duty to supply copy of executed agreement.

—(1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, and on the occasion when he signs it the document becomes an executed agreement, a copy of the executed agreement, and of any other document referred to in it, must be there and then delivered to him.

(2) A copy of the executed agreement, and of any other document referred to in it, must be given to the debtor or hirer within the seven days following the making of the agreement unless— (a)subsection (1) applies, or(b)the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement.

(a)subsection (1) applies, or(b)the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement.(a)subsection (1) applies, or(b)the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement.(a)subsection (1) applies, or(b)the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement.

(3) In the case of a cancellable agreement, a copy under subsection (2) must be sent by post.

(4) In the case of a credit-token agreement, a copy under subsection (2) need not be given within the seven days following the making of the agreement if it is given before or at the time when the credit-token is given to the debtor.

(5) A regulated agreement is not properly executed if the requirements of this section are not observed.

 

 

PLEASE HELP GUYS!!!!!!!! GETTING WORRIED I FEEL AS IF I'M ON A LOSER????

[2Grumpy]

I think that the default notice is invalid

 

they should give you 14 days plus postal time to clear the arrears. They gave less than 14.

 

They then terminated the agreement, meaning that they can only claim the arrears - more for the set aside if you needed it.

[KER]

The cancellation form says that if you cancel within 5 days they cancel the course & agreement and you owe nothing

 

You did that

 

Your SAR confirms it

 

case closed (or it should be)

 

I think that is a revolving credit agreement. It might be enforceable but it was cancelled anyway so it doesn't matter

 

You have a clear case for the set-aside because of the cancellation

 

You have a clear defence for their original action (the set-aside just takes it back to the beginning) - the cancellation

 

You will have a case for libel because of the default registered at the CRAs for credit that you never had

 

 

 

I think of all the advice on this thread, the OP should take this post and use all the points! This is the best post on this thread.

 

I don't think you need to argue anything about a valid agreement or an agreement containing terms etc, - it's more that YOU cancelled it and THEY have failed to act on that! Then go for costs for your wasted time

 

Rep for Grumpy from me

[2Grumpy]

Hi Rob

 

Can you clear up one more thing for me

 

Is the cancellation letter that you posted here the one from your SAR?

 

Did you also send them another copy of it at a later date?

 

Is there anything that shows when the cancellation was received by them & whether the one received in your sar is the original or the copy?

 

Is there a set of computer screen printouts or a list showing when letters / documents were sent & received? Does that list the cancellation?

[KER]

OP don't look at this from the wrong angle.

 

Because you served on them a cancellation IN TIME and they had received said cancellation (which you can prove as it was in the SAR), that's all you need to focus on.

 

Default notices etc at the moment aren't relevant because they shouldn't have sent them in the first place! You cancelled, they mucked up. simples

[2Grumpy]

Rep for Grumpy from me

 

Thanks:D

[rob20042513]

Hi Guys,

 

The cancellation copy was sent to me in my subject access request. However they could say to the judge that the cancellation letter was received by mr x when he sent us a copy later on, and we dont have the original?? It will be my word against them, through the subject access request there was no mention of the cancellation stipulated anywhere just a copy of it???

 

I did send their solicitors a letter asking for the judgment to be set aside and they stated back that that they are happy that everything is in order and that they will pursue enforcement on the ccj.

 

I feel that the judge will think I'm lying as the cancellation form cannot be proved, and that my change of address cannot be proved, WHAT THE HELL CAN I DO or am i still within a chance. I sent them loads of letters and never pursued the course i cant understand why they are being so pathetic about it????

 

more advice please?

[2Grumpy]

They will still have the originals

 

They won't try claiming not to have that now - unless they are prepared to commit perjury

 

I am surprised that they didn't send a copy of a log containing entries like

 

03/06/08 credit agreement sent

06/06/08 cancellation received

 

consider sending my letter to ousba inviting them to sort everthing out for you

Try sending a copy to their solicitors too

[rob20042513]

thanks grumpy2,

 

the problem is it is passed that stage now and i need a defence in order to set aside the judgement, please can you guys help me compile a defence!!!!!

 

my thoughts are:

 

1. I cancelled the course the day after (but can only prove this come out in my subject access request???)

2. I changed my address with you over the phone and it was acknowledged(cant prove this)

3. The agreement is enforceable (so i have been told)????

 

It looks like I have no chance my word against them???

 

please advise

[2Grumpy]

You need an argument for the set-aside, not a defense (same sort of content though, but you are making the points)

 

They have sent you a copy of the cancellation notice that they have in their records so it should be fairly open and shut.

 

Rather than starting the set-aside yourself, why not send the letter that I suggested with a copy to their solicitors, suggesting that they do the set-aside for you because they have screwed up.

[arcacia]

Hi everyone, Sorry to interupt, I'm very new to forums, would you mind giving me some advice and help? Sorry if its long winded!

 

Could you tell me if you think I have a case to get the CCJ set aside?

Can you tell me step by step what to do, cos I don't even have a letter or doccument about the CCJ. I just panicked when I seen it on my report and phoned Northhampton court who informed me it was South west water. I made payment instantly, thinking I was doing the right thing!

 

 

Sep 2008 applied for a morgage and was refused

Checked my report to find I had a CCJ from South West Water. I was horrified and stunned.

Dec 2006, I moved house but had been receiving water bills addressed to me at my new address, which I was paying consistently ( so y would I for nearly 2 years think, they did'nt have my new address!! I still have the bills, I also paid on line through south west water payment online.

When I phoned South West Water, I tried to challenge them as I had been receiving water bills in my name. They remained adament that I had never informed them of my change of address but I must have or I would have had bills addressed to the occupier. Furthermore, they persuaded me to pay the CCJ of £100, and told me that it would not have an adverse affect as long as it was satisfied. So believing what they said I paid the £100, however it is recorded on my credit report as £342, which I'm very confused about. I have the letter of satisfaction, but no receipts or proof of the different amounts.

 

I never ever recieved any summons or had the chance to appeal, also I don't believe I owe them as I was consistently paying for two years. Therefore, I would have accrued more debt if they didn't know where I was.

 

Furthermore, I have worked hard the last year and a half to improve my credit rating. It is now at a score of 733 which is fair. However, again a year later with a better credit rating I still cannot obtain a mortgage

 

I would welcome any advice on how I can challenge this CCJ and get it removed as it is causing me so much stress and upset. For the last two years I have had so many knock backs with trying to get a mortgage and I'm in the best financial position I've ever been!

 

I can evidence my tenancy agreement and the date I moved to new address, the bills sent to my new address in my name, and how much I paid by bank statements, and the consistency of my payments to South West Water.

[2Grumpy]

Hi Arcacia

 

This looks complex

 

Rather than hijacking Rob's thread, you need to start your own thread - just copy your post, return to the list of threads where you will find a "new thread" button, click on that, paste your post, add a title and you will get the help that you need.

[rob20042513]

Hi, Grumpy2,

 

Ok i will try your letter to see if i get any reaction, I guess if this does not work then i will have to set a side the CJJ,

 

postggj, any comments to help, thanks

[car2403]

You need an argument for the set-aside, not a defense (same sort of content though, but you are making the points)

 

They have sent you a copy of the cancellation notice that they have in their records so it should be fairly open and shut.

 

Rather than starting the set-aside yourself, why not send the letter that I suggested with a copy to their solicitors, suggesting that they do the set-aside for you because they have screwed up.

 

Agreed you can set aside by consent, but they won't go for that. (Why should they - they already have Judgment)

 

In order to set aside you need to satisfy the criteria in CPR - one of which is that you have a realistic prospect of successfully defending and should be allowed to defend it. You can't show you can defend if you don't submit a defence with the Application to set aside, then?