CCJ and imprisonment threat.

[SkiNellieB]

Hi posting on behalf of a family member.

In 2009 after failing a university course due to ill health, he left owing money to the university for accommodation. As far as we know, the first contact about the debt was a letter posted to home address in lat January 2010 advising f potential court proceedings, and asking for over £2000 to be paid immediately. Sick with depression and unable to cope, he eventually went to CAB who dealt with the debt collectors (Clark Willmott), who advised in the circumstances that they would pass the matter back to the university concerned. A budget form of some sort was completed, advising company concerned that he had no disposable income. Person heard nothing more, and moved out of the rented accommodation the following June.

In mid-July 2012 the person concerned returned to his parents' home, and soon after was served a notice of disobedience, advising him that he was in contempt of court, and was to be sent to prison for 7 days if he did not attend a hearing in late August. Apparently he had been served with an order to attend court in June and had not appeared. However, the address listed on the papers he was supposedly served with was one which he had moved out of two years previously, despite the university concerned having his parents' address.

He intends to go to the hearing, and does not dispute that he owes the debt (although it is now according to the court over £3000), but was never served with the initial documents, so has no idea what happens next or how he can prepare for the hearing.

Edited July 30, 2012 by SkiNellieB

[dpick]

Hi the experts will be along later to give you help on this.

 

From my small knowledge it looks like someone has obtained a CCJ by using this old address.

 

dpick

[BankFodder]

Is there any evidence that the university knew of his new address - or at least knew that he had moved out of his old address?

 

That would be very helpful.

 

Anyway, he should write a polite letter to the University - and another on to the court addressed to the judge.

 

Send them recorded delivery.

 

He should say that:-

He is very sorry for any trouble caused

He has never received any papers relating to the case and had no knowledge of the proceedings or of any order

That of course he will comply with any orders of the court and would never have dreamed of doing otherwise.

 

 

In the letter to the court he can also inform them that he has been suffering from depression

He should also point out to the court that he resepctfully asks them to consider that it was entirely unreasonable of them to use his old student address for these proceedings because it must have been obvious to anyone with experience in education that no ex-student will continue to remain in his student accommodation two years after he has left the course. It was particularly unreasonable of the university to use this old address when it is clear that they had his parents' address on file all the time.

You would respecfully ask the court to note that as soon as the information regarding the court action did come to his knowledge at his parents address, that he responded positively and without any delay.

 

Send the letters straightaway.

The phone the court and ask them if you can go along and get copies of any documents.

 

Don't worry, as long as he attends and has good reasons, there will be no question of prison.

[SkiNellieB]

The university would not have known of his new address as he had no further contact with them after failing his course. They would have course have had his parents address, as that was where the original letters were sent in Jan 2010, and where the papers were served at the beginning of July.

[SkiNellieB]

We can't go along to the court and get the documents as it is at the other end of the country to us.

[BankFodder]

What date is the hearing?

[BankFodder]

How did they get the address to serve the papers at the correct address?

[SkiNellieB]

The hearing is on 23rd August. I assume because they tried the address that he was living at when he applied to the university. Why it took them so long to do so is not certain. The original debt collection letter in 2010 was sent to this address, but the person concerned changed it when CAB were dealing with it.

[BankFodder]

OK, you have time.

 

You need to find and print out a form N244 from the court service website.

Complete it and send it special delivery to the court with a fee of £60.

Ask that the hearing scheduled for 23rd is adjourned and that the case is transferred to your local court.

 

In the grounds for the application use the points I suggested for your letter to the court.

In your letter to the Uni, tell them that you have asked for an adjournment and a transfer. Send them a copy of the N244.

Tell the court that you have notified the Uni.

 

You will have to call the court regularly to see if the appication has been read by the judge.

 

On the N244 say that you want the application dealt with by the judge - not with a hearing.

 

In bole red writing - at the top of the N244 mark it "URGENT APPLICATION"

 

If you don't hear anything form the court, you will have to attend for the hearing.

Do not decide that you won't go - simply because you have not heard anything

[SkiNellieB]

He was advised by the solicitor that CAB put him in touch with not to complete the form N244 but to attend the hearing, otherwise that would have been done 2 weeks ago.

[BankFodder]

Well I disagree with that advice. I think that the application should have been made and it owuld have been better to have made it 2 weeks ago.

The courts can be very6 sympathetic if there have been geuine mistakes and there is genuine remorse. They aren't out to bang everyone up by any means.

However, as I have said, I would have monitored the appication closely and have been prepare to go to the court if nothing was heard.

 

I think that especially that the University has contributed to the problem by using the incorrect address, I expect that the court would have been very helpful.

 

It us up to you. You can simply decide to attend court in which case send the letters I have suggested - or else you can send the N244 now as I have suggested but monitor the progress of the application very closely, leave nothing to chance and attent court if you hear nothing.

I'm afraid that mnost solicitors are far too conservative and show very little imagination in their work.

But it up to you. You must apply your own judgment.

 

If you end up going to the court anyway - or if your application is refused, then you will have lost your £60

[SkiNellieB]

OK, thanks. I will pass on the advice and help him complete the form if that is what he wants to do.

[SkiNellieB]

Went to court hearing,and he was given a form to complete with an offer of payment which he made. Gave details of income, other debts etc, There was no hearing or anything, and court officers said it should have been transferred to a local County Court.

There has been no word back from the court yet as to when or how he has to start making the payments and it is over 6 weeks. Should he contact the court?

[dpick]

Hi I would say he should contact the court but remember at times the courts are overloaded with paperwork. It could also be that they have transferred this to a local court and again paperwork but check the court to keep yourself in the clear as to time.

 

dpick