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Previous employer not paying university debt.


rodenal
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Sorry to bring up an old thread but this matter has reared its head again....

 

Have started to receive correspondence from a company called incasso with regards to university fees.

 

Since my last post I gained judgement against my former employer, copied the university in on this and told them I believed this to be clear proof of the agreement of my old company to pay my fees. In the time it took to get this judgement through the company went inti administration/were liquidated. I never paid any further monies to the university. They were never able to provide me with evidence of my agreement to their terms for payment of fees.

 

All went quiet until I recently received correspondence from incasso. The letters I have received are quite frankly unprofessional and are clearly intended to threaten the recipient I to payment.

 

I am fully prepared to take this back to the small claims court. I am not confident that I would win any case but there must be a degree of responsibility accepted by the university for this, they failed to ask for payment for several months, sent an enquiry which was responded to, never replied or applied for payment for several more months, tried to chase me whilst iggnoring evidence that another party agreed to pay them and waited until I legally proved this by which point it was too late.

 

 

Apologies for the mini rant, I am unsure on how to proceed, do I respond to incasso or ignore them and see what action they actually decide to take? Alternatively I could respond in writing but in all honesty I have no appetite for dealing with and collection agency, or "solicitors" as they would prefer to be called in this case.

 

I have now had two phonecalls, to which I have only stated they should go back to their client and that I will only respond to written requests ( tbough clearly i havent to date)

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i would suspect they is just a threat-o-gram.

 

if might could instructed etc etc

 

not WILL

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Received another letter from these guys today, have scanned with relevant details removed as per below

 

incassoclowns.jpg

 

Now this letter bugs me and I have a few queries:

 

  • The "outstanding balance" has increased inexplicably - no mention of how what where why or when they have decided to add cost on ( I know this will be due to "admin fees" but shouldn't these be mentioned?)
  • It mentions "In default of payment" - How can anyone be in default of payment when no legal judgement has been given r.e whether any contract for payment exists?
  • "judgement is not removed even if satisfied" - Judgements are removed if paid within 30 days?
  • "Payment must reach us within seven days"

 

Is there a template against which I can check what these guys have written? As far as I can see (whilst I am by no means a legal expert) there are some misleading lines in here - can/ should I report this to anybody?

 

I intend on making no contact directly with these guys r.e this "debt" and will only respond to a court summons upon which I will offer a defence as per previously (though I may need help wording this)mentioned, I will also be opposing the apparent additional fees listed here. I assume this is a sensible way to go about things?

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std threat-o-gram

 

silly beggars

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 9 months later...

This has reared its head again - moved onto ACT credit management now.

 

Have had a couple of standard threat-o-gram letters and emails - latest one warning of impending potential maybe possibly might want to issue county court proceedings (as below):

 

"e have written to you previously regarding the above debt.

 

Despite our efforts, you have failed to discharge the balance owed to our client. Therefore, we are taking our clients instructions on issuing legal action against you.

 

If our client wishes to proceed, your file will be passed to our Legal Department and a summons or initial writ (depending upon the value of the debt) will be submitted to the appropriate Sheriff Court. The sums due will include the principal sum, judicial expenses, warrant dues and chargeable interest. The appropriate service copy will be served upon you either by our Scottish Solicitors or, possibly, Sheriff Officers instructed by them. Should you fail to act upon receipt of the service copy court document, decree may be granted by the Court. Upon our receipt of the extract decree it will be our intention for this to be enforced by Sheriff Officers, if appropriate.

 

Furthermore, your debt will be registered against you as it will be reported to the Credit Reference Agency. The decree will be enforceable up to a period of twenty years. The Decree will be recorded on a Public Registry and any third parties conducting a personal credit check on yourself, will have access to this information.

 

This is your final opportunity to rectify this matter without need of the said action. We will allow 3 days for your response."

 

Now ignoring the basic and clearly deliberate errors in detail (i.e will be reported to credit ref agency which makes out as though they have any right to report before CCJ+30days) this looks to me like another desperate attempt to get some sort of contact/ dialogue going. I have simply ignored all letters / emails. Should I be doing anything else at present? If by some miracle I receive a summons I am more than prepared to defend it (though may need some guidance)

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std willy waving never says WILL

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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