uni of westminster/Hadfield Claimform - old uni fees

[westmin92]

Hello Apoligies if I am going about this in the wrong way.

 

On the 14th April I received a county claim form from Hadfield & Townsend solicitors on behalf of the university of westminster for fees owed of £1225 including interest £1507

 

Now I had a previous dispute with the university re money they owed me equating to £900. As a result of me paying fees and never receiving marks I have disputed this for nearly 2 years now.

 

I plan on defending the ccj in full and counter flaiming for the £900

 

My questions are

 

- What do you think the likely hood is that I will win my case based on the fact their is a previous dispute where they in fact owe me money

 

- The university have been un un coperative not responding, having to be chased for answers. I have most email trails

 

- The solicitors acting on behalf of the uni did not issue me with a default notice letter they merely sent a letter stating if payment was not received within 7 days legal procedings would start agaisnt me

 

- The university never told me they were transferring my account to sta I just started receving calls

 

- In the claim they did not provide evidence or a copy of my cca

 

Any body that can help me I will be eternally grateful this whole saga has dragged out

[BazzaS]

Just to clarify;

Do they have any claim for the £1225 (or at least the £325 remaining if they owe you £900)?

 

If so, you can offer at best a partial defence, in that you only owe them the £325 (and interest).

If so, why did you not pay them the £325, and then they'd say "you owe us £900", to which your reply could be "no I don't as it is offset by the £900 you owe me".

 

Or is it the case that you owe them nothing and they owe you £900, where a full defence and counterclaim will be the way forward?

 

Why do they say you owe them £1225?

If you feel you don't owe them even £325 of the £1225 : why do you feel you don't owe them it?

[westmin92]

Hello BazzaS,

 

I suppose in actual fact yes I would owe them £325, however the uni is not being very co operative with my intial dispute re the £900 owed to me.

 

I had disputed this fact long before they issued me with the claim, however they have ignored this fact and just pursued me for the £1225 (plus interest)

 

I would be more than willing to pay the £325 but the uni has not said whether this would be an option and are dragging their feet.

 

If I admit part of the claim (thats if the judge accepts it) I may still get a ccj if not paid within 28 days

 

Do you think I have a leg to stand on?

 

What would you advise I put in my defence

 

The £900 I am claiming for is for a previous academic year 2011/2012 where I paid for tuition fees snd never received my module grades

 

They are claiming fortuition fees from the year 2012/2013 however I specfically said I was not willing to pay any more money until A full investigation had been done to unearth why I never received module grades for 2011/2012 I have this in writing.

 

The university simply ignored me did nothing and 2 years later my grades are still outstanding.

 

Hope that clarifys

[BazzaS]

If you can't dispute you owe them something, you can't win outright.

 

Pay them the £325. It is what you should have done before.

 

It doesn't matter that they haven't said you could do so : if they refused the payment it would look bad for them if/when they came after you for the £900 (& they may then have decided not to come after you!)

 

By not paying anything (since you don't dispute you owe them £325), you've opened the door for them to commence an action that you can't fully defend : the most you can do is argue you owe them £325, not £1225.

[westmin92]

can you suggest any way I can lay this out most defence replies I have seen are not in layman terms and refer to different clauses.

 

Also will I be liable to pay the interest and solicitors fees, as I am not willing to do so

[BazzaS]

Additionally, you mention the lack of CCA / default notice.

Did you sign a consumer credit agreement?.

 

If not, the CCA is irrelevant. They are invoicing you for the service (tuition) they supplied. Similarly, they then don't need to send you a default notice.

They've sent you an invoice, the invoice was unpaid, they've sent you a letter before action (LBA).

At that point you should have paid the non-disputed £325, and then let them whistle for the rest.

[westmin92]

Ok I see, despite the fact I had a unresolved dispute with them. My whole argument was I had paid for a service and not received the end result

 

I do not recall signing an credit agreement for uni

 

Many Thanks for your help

[BazzaS]

Did you receive the service they charged you £1225 for?

If not, defend it.

If you don't dispute they can charge you £1225 then less the £900 they owe you : you still owe them £325

You can't use "there is a dispute" to not pay the undisputed £325, only to not pay the disputed £900.

[havinastella]

Have you acknowledged the claim?

[westmin92]

Thank you for your help

[havinastella]

Have you ACKNOWLEDGED the claim?

[westmin92]

Hello,

 

Yes I acknowleged the claim previously but choose to defend in full and counter claim.

 

Do you have any views or opnions on what I could do?

 

Also if I have already said I plan to defend in full and counter claim in the Aos can I now change it to part defence?

 

Thanks

[havinastella]

If you have acknowledged the claim you have 33 days from the date on the papers to submit your defence.

 

I make your defence due tomorrow.

 

WHY have you left it so long?

[westmin92]

I made it saturday?

 

I have had a bereavement in my family that is why it was put on the back burner 33 days from the 14th is the 17th of may?

 

I am only posting a holding defence now pending the time my case is transferred to a local court

 

Thank you for your help

[AndyOrch]

Thread moved to the appropriate forum.

 

Andy

[westmin92]

Thank you Andy,

 

Does anyone else make my intial defence due in tomorrow or Saturday?

 

Thanks for your help guys

[AndyOrch]

Simply add 33 days to the date on the N1 claim form + 1 day for good Friday...that is your submission date...but you can submit now.

[westmin92]

Thanks Andy

 

Can someone give me sone advice on what they think of the intial defence below?

I XXX make this statement as my defence brought by Hadfield & Co Solicitors on behalf of the claimant “University of Westminster”

 

No documents supporting the claim in the particulars have been provided, instead reference is made to invoices provided nearly two years ago dating from 08/10/2012-22/10/2012. The invoices I have in my possession that pertain to these dates merely give an overall amount of what is owed and does not itemise the invoice according to modules taken and cost of individual modules. I therefore request for an itemised invoice which has been broken down by module, detailing costs, so I may admit to or deny this claim or part of it.

 

The particulars of the claim does not make reference to or bring attention to the fact that there is a prior outstanding dispute that I the defendant currently have with the university of Westminster regarding money that is owed to myself in relation to module fees that have been paid in full for the Academic year 2011/2012 equating to £900 however module grades were never received. The module code in question is BKE402. This dispute dates back to 2012, every effort has been made by myself the defendant to mediate with the University and its representatives in order to resolve the matter however to no avail. Discussions are still being had to date. I have documentary evidence to support this statement. I the defendant contend that this is a clear abuse of process as the claimant is claiming for monies which it is not entitled to and knows that this is the case. If it is deemed that I the defendant am liable to pay part of the claim minus the monies I am owed by the university I would be willing to do so, however without this dispute being resolved I can neither admit or deny owing the claimant monies.

 

The claimant in particulars sections 2 & 3 makes reference to the fact that interest and statutory interest should be applied to the amount claimed. I the defendant question if a.) this is lawful as the amount claimed is under £5000 and b.) Is it appropriate for the claimant to add interest to this dated claim in light of the fact they are also responsible for the length of time it has taken to resolve it by not resolving the initial dispute the defendant brought before them prior?

 

I the defendant contend the legalities of the claim as best to my knowledge a default notice was never received and copies of the original Credit Consumer Agreement were not provided by the claimant. This to best of my knowledge and current understanding deviates away from process.

 

Without clarification of the points raised above I the defendant am extremely disadvantaged and the claimants claim appears to be with out merit.

 

I XXX believe the above statement to be true and factual to the best of my knowledge

 

XXX

 

15th May 2014

Edited May 15, 2014 by westmin92
personal data disclosed

[AndyOrch]

If you type out their particulars of claim (verbatim) less any identifiable date then we have something to check your defence to?

[westmin92]

Hi guys please particulars of claim as verbatim below. Once again thank you

 

The claimant claims 1225.00 in respect of 1. University Tuition provided by the claimant at the defendents request, full particulars whereof having been supplied by way of claimants invoice dated 08 October 2012 to 22 October 2012

 

2. The claimant claims the further sum of 137.13 pursuant to S.69 of the County Courts Act 1984 at the rate of 8.00% from the date on which the invoice(s) were due to date.

 

3. The Claimant also claims statutory interest at the above daily rate of 0.27 from the date hereof to payment or Judgement whichever is the sooner

 

4 Costs

[AndyOrch]

So they wish to claim section 69 and statuary interest.......one or the other not both.

 

 

Have a look at this tomorrow for you westmin....getting a tad late now.

 

Andy

[westmin92]

Hi Andy, please dont forget about me. I appreciate you helping me

[AndyOrch]

What date is your defence due to be submitted westmin?

[westmin92]

Tomorrow the 17th, I submitted it earlier this evening as I didnt want to leave it to late, so hopefully all is ok.

 

Thanks

 

Hannah

[AndyOrch]

May be prudent to post a copy here so we can look and offer further advice as the claim proceeds.(obscure any identifiable data)

 

Regards

 

Andy