Summons from OUSBA please please help,i have no idea

[justfin]

I received a court summons this morning from Northampton court filed by Geoffrey Leaver Solicitors in respect of open uni course fee's.

 

 

Long story short, as with all the other courses i was on, i assumed my grant would just pay / renew as it did for my partner and i wouldn't have to pay the fee's.

 

Anyway after trying to object over and over i agreed to make payment, but only as i was trying to get the matter resolved with the body who issued grants as i was entitled to one and the ousba said that they intended to take me to court as i should pay them and then claim the money back once the grant hit, due to system issues i couldn't apply for the grant as i was in debt to the loan company!!! unfortunately by the time it was all resolved i had missed the cut off for financial aid, so have been stuck paying it off when i can, i have paid over £400 over the last 6 months i rang them late October and explained i had been made unemployed but would try and make £40 payments if i could each month, and obv i would contact them when i was back in full time employment.

 

They said this would be fine, having just got back in to a temp job i was planing to call them up this week and make a payment but this morning received a court summons, no warning, no letter, nothing just a summons.

 

The fee's and interest have add an extra £130 to the bill and i don't know what to do, i thought it was wrong that i was paying in the first place, but my outstanding balance is back to where it was, and i had no warning, are they legally meant to warn you. I will be grudgingly pay the outstanding balance as i have been doing, but £130?!??! can they jump straight to this?

 

please advise.

 

NB I have no remaining documentation in relation to the original grant or the credit agreement, should i put this as a defense whilst i obtain copies, it was all online.

[harrassed senior]

How have you communicated, via the telephone or in writing?

[justfin]

I spoke to them last at the start of november when i made a payment and let them no i was on job seekers allowance so may not be able to make one but will try and get £40 over a month as i am on and off temp work. They said that was fine and to let them know if it changed

 

the next thing i got was a court summons dated the 12th December.

 

I have no paperwork relating to this loan because i had just followed the same procedure i had on other courses and hadn't paid that much attention to what i was doing as it all just sorted itself out, like it did for my now partner....

 

I tried ringing them today but got no answer.

 

i'm really torn because i feel i shouldn't have been paying anyway as that was why i did the course! but if i have to pay then i don't want court costs and solicitors fee's because at the moment those costs are twice my weekly income (£120)

 

the court summons says if you need more time send them a letter with the court summons completed saying you agree to the full amount, including fee's and costs, but i really don't want to do that.

 

but i don't know what defense i could use, nor do i have a copy of any original documents because it was online and i don't have retrospective access. :S

 

is there any way i can delay action and get a copy of everything from them, or do you think i should say i accept i owe the money but can't pay it immediately.

 

I did hte math and if i hadn't managed to get a few days temp work i would have a net income of -£220 (minus) before food and after bills so i have definatley been giving them more than a court wood award them (in terms of payment terms)

[harrassed senior]

Can you let us have their actual PARTICULARS OF CLAIM (no personal information)

[justfin]

POC:

 

The claimants claimis under an agreement regulated by the consumer credit act 1974 terminated following the defendants default under which the defendant is required to pay the claimant course and related fee,full details of which have been supplied to the defendant prior to the commencement of this

 

and the claimant claims:

 

 

1. #548.71

2. Statutory interest pursuant to section 69 of the County Courts Act (1984) at a rate of 8.000% per annum from04/05/10to 13/12/10 #26.82, and thereafter a daily rate of #0.12 to date of judgement or sooner payment.

 

Invoice date:04/05/10

 

 

then on the right:

 

Amount Claimed:575.53

Court Fee 55.00

Solicitors Cost 70.00

Total amount:700.53

 

 

I have typed up the POC word for word, but it seems like it has been cut off, but i got no warning this was coming and never received an invoice, they may have sent something back then but i was still fighting to get the grant paid and sadly didn't keep the paper work as i was under the impression that it was all going to get wiped out by my grant, like it always had.

 

 

 

:S

[harrassed senior]

Sorry for delay - Not particularly my area, but in the absence of any further advice I would send them the following:

 

7 Request For Information Under Civil Procedure Rules - This to whomever is acting as the Plaintiff.

 

You will need to inform the Court that you will be defending this claim and that will buy you a further 14 days to enter a defence, which could me an 'embarrassed' defence if they do not comply with the terms contained in the CPR Letter, which you should get off asap by Recorded Delivery.

 

Timing is going to be a nightmare at this time of year so try and get everything that you can done and posted asap.

 

I will try and get someone with more expertise than I to take a look for you.

[justfin]

That letter perfect, is it appropriate in a small claims case? If so I'm going to try speaking to them tomorow,see if i can sort it all out over the phone, if not will send it registered post the same day.

 

I don't know what you mean by an embarrased defence though? help

[citizenB]

Responding to S.O.S.

 

Right... first things first. If you are going to defend then you need to do this by the very lates.. 31st December.

 

The time scale is..

 

Date of issue (on the claim form) + 5 days for service, + 14 days to acknowledge. 19 days from 12 December = 31 December 2010.

 

If you are going to defend then you will receive a further 14 days in which to put in a defence, ask for more time if you havent received replies to the CPR requests you will sending.

 

If you are going to admit and pay, then I will have to call in someone with more knowledge because you can make an offer of instalments and I dont know what form you will need to complete.

 

So.. assume you are defending. You will need to go online and acknowledge service. You have to register first now then you will receive a password or registration number and you can then do everything online until such times as the case is allocated to your home court, settled out of court or the other side discontinue.

 

You are only acknowledging service at this time. You are not entering a defence.

 

You will need to send to the solicitors a CPR31.14 . please see the following :

 

Dear Sir or Madam,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 statement of account or statements showing how the sum claimed has accrued.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

 

 

You will need to enter the date that you received the claim form. There is a section I have highlighted in blue. If you have never requested documents from them before then you can delete it. If you have then put in the details. YOu also need to get this letter out as a matter of urgency in order to get these documents in time. At the very least send it recorded delivery, make sure you keep the receipt safe.

 

Now it occurs to me taht that if this is an agreement regulated under the CCA1974 then they should have followed procedure.. Did you ever receive a default notice (this would have been a letter sent under s87(1) which gave you a period of time in which to pay arrears, legal requirement of 14 days. At the very least you should have then received some form of communication advising that they were considering taking you to court. Did you ?

 

Plus they are not able to ask for statutory interest on an agreement regulated under the CCa1974.

 

By advising that you will defend, gives you an extra 14 days.. if you want to change your mind during that time.. say for instance you win the lottery.. then you can.

[citizenB]

Sorry for delay - Not particularly my area, but in the absence of any further advice I would send them the following:

 

7 Request For Information Under Civil Procedure Rules - This to whomever is acting as the Plaintiff.

 

You will need to inform the Court that you will be defending this claim and that will buy you a further 14 days to enter a defence, which could me an 'embarrassed' defence if they do not comply with the terms contained in the CPR Letter, which you should get off asap by Recorded Delivery.

 

Timing is going to be a nightmare at this time of year so try and get everything that you can done and posted asap.

 

I will try and get someone with more expertise than I to take a look for you.

 

 

Nonono.. please dont send the letter linked to in harrassed seniors post. It is a CPR18 and should not be used. CPR18 is for information only. Please see the thread below for the differences.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

[justfin]

This loan agreement actually refers to 2 courses i signed up to, one for about £400 and another around £360.

 

I recieved defaults for each seperately as they started seperately

 

I recieved a court warning once ages ago when i was late with a payment but not since. We are talking months ago though. i have made payments since and they were fine with me being unemployed and the possible delay on the phone., since i made the last payment i haven't had anything but this summons.

 

nb this was originally 2 debts that were combined by them a few months ago so for the purpose of the payment plan.

 

the date they calm interest from is when the second debt defaulted, i can see it on my credit report and think they might have sent something, not sure. its the lack of info thats really screwing me up and hence why i wanted to do whatever is needed to get the info i need. As such i have no choice but to defend.

 

you say you think the interest is not right? are you sure? if so should i put this on my initial defense?

[harrassed senior]

Thanks for helping out CB - out of my depth.

[citizenB]

Thanks for helping out CB - out of my depth.

 

No problem.. It can be confusing and it is good that you take the time to help

[citizenB]

This loan agreement actually refers to 2 courses i signed up to, one for about £400 and another around £360.

 

I recieved defaults for each seperately as they started seperately

 

I recieved a court warning once ages ago when i was late with a payment but not since. We are talking months ago though. i have made payments since and they were fine with me being unemployed and the possible delay on the phone., since i made the last payment i haven't had anything but this summons.

 

nb this was originally 2 debts that were combined by them a few months ago so for the purpose of the payment plan.

 

the date they calm interest from is when the second debt defaulted, i can see it on my credit report and think they might have sent something, not sure. its the lack of info thats really screwing me up and hence why i wanted to do whatever is needed to get the info i need. As such i have no choice but to defend.

 

you say you think the interest is not right? are you sure? if so should i put this on my initial defense?

 

No, I am not saying the interest isnt right. What I am saying is the statutory 8% they are claiming at the end of the POC cannot be claimed as this is an agreement covered by the CCA1974.

 

It looks to me that you have already admitted that you owe the amount by letting them merge two loans and you have obviously been made aware that court action could ensue when you say you received a court warning when a payment was late.

 

I think what you need to do is think seriously about the reason you would be defending the claim. If you cannot come up with a really good reason that the court would entertain, then it might be an idea to admit and ask for time to pay ie installments based upon ability to pay and Income & Expenditure form.

 

Probably not advice you want to hear, sorry.

[justfin]

To be honest, my only issue with this is that they have magically added £160 when i was paying them as agreed by deciding that they wanted to go to court.

 

£100+ was a bit out of no where.

 

i am going to try phoning them as of Monday and see if i can sort something out as i have been unable to contact them all last week.

 

I would just rather avoid a CCJ to be honest.