uni fees CCJ, agreed to consent but still registered CCJ - now effecting my job future - help

[moustachekorma]

Cut a long story short

 

whilst at University I relapsed back to a previous mental health condition after serious issues with Student Finance

which meant my loan was paid very late.

 

University offered no help during the first term and Student Finance were awful

lead to the relapse and meant I couldnt pay my rent as I had no money to live on.

 

during latter portion of the year was unable to cope and stupidly buried my head in the sand.

 

Received a claim form which was sent to my home address,

about a week has passed which I found out about today

(my dad doesn't usually open my post but thank god he did).

 

I can afford to pay this academic year as my parents will be managing my finances whilst I get my head back on track

but cannot pay it all immediately its over £5500 and I can only pay back £1500.

 

For the profession I want to go into I really cannot afford to have a CCJ on my record,

it will literally ruin the rest of my life.

 

Is there any hope for me?

 

Appreciate any help,

 

I know I have been stupid by ignoring creditor but its very difficult managing finances

and coping with a mental health condition at the same time!!!

[dx100uk]

welcome

 

can you please fill this in and post the results here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

dx

[moustachekorma]

University (Anon for purposes of confidentiality)

 

Claim received 2nd October

 

 

Solicitor XXXXX on behalf of University XXXX regarding rent arrears of £5000+

 

£5000+

 

No credit, accommodation arrears

 

 

Issued by university on behalf of solicitors

 

No notice of assignment, warning letter (which stupidly ignored)

 

Several default notices received

 

Have been receiving statutory notices

 

No payment made

 

Agreed payment plan

 

Financial problems communicated first semester, no replies to emails kept adding late payment charges. Attempted payment plan in August but was unrealistic and was not able to make the first payment

[citizenB]

Hi you advise you received the claim on 2nd October, but what we require is the date of issue - top right hand corner of the claim, please. We need this in order to establish a timeline for you.

 

Do you have dates - times - copies of letters - records of phone calls where you asked the University for support ?

[moustachekorma]

Date of Issue was 1st October.

 

An external mediator has arranged an installment plan and budget for the year which the university has accepted.

 

The finance office highlighted the part of the form that said

"If you agree with all of the claim

and are asking for time to pay Complete the admission form N9A and send it direct to the claimant.

Entering an admission may result in judgement being entered against you".

 

The person emphasised MAY and said they would be happy to tell the solicitors not to issue a CCJ/continue with court proceedings.

 

The external mediator was very confused as the protocol at the University was to do it direct with the Finance Office and not via solicitors.

 

Even after agreeing to the plan in person they still wanted me to fill out the N9A and send to the solicitors,

but I am hesitant as this still does not completely eradicate possibility of CCJ

which I am desperate to avoid because of future career implications.

 

Agreed to pay a lump sum immediately, which I can afford,

verbal agreement that paying this sum would mean the finance office told solicitors to stop the claim.

 

Understandably, they stressed any future default,

which will not happen,

will mean CCJ proceedings restarted and additional costs.

 

I asked for this verbal agreement in writing and the person confirmed it would be emailed

so will wait to receive this before I pay the lump sum as a security that there will be no CCJ.

 

I will also be reporting back to the external mediator.

 

Any further suggestions?

 

Thank you so much for your help, I appreciate it so much!!

[AndyOrch]

You must not complete or sign N9a...you will get a CCJ automatically.

 

Regards

 

Andy

[moustachekorma]

This is what I thought from my own research,

 

the person I spoke did not seem to understand the implications

i.e. if we had already agreed a settlement outside of court to avoid a CCJ there was no need to fill out papers.

 

Is there anyway of getting more time whilst I wait for the university to confirm in writing that the claim will be stopped upon payment of the lump sum?

 

Also, is it worth speaking to the CAB to get more specialised legal advice.

 

Under contract law I would needed to of provided consideration for the agreement to stop the claim to be legally binding

i.e. the lump sum but am not sure if this will leave me vulnerable to the university still continuing the claim

before Ive received written confirmation of the agreement.

 

Not keen to rely on promissory estoppel as this is dependent on judge

and no guarantee I can use it as a defense if the university retract on the agreement and issue a CCJ.

[AndyOrch]

Its somewhat confusing from you post#5

 

Who is the mediator and who introduced them ? was this settlement pre litigation or since you got the claim?

Is the claimant the University themselves?

 

Was this claim issued through MCOL Northampton?

[moustachekorma]

Apologies, the Claimant is the University.

The mediator is the Union Support Team who are independent from the university.

I went to the mediator upon receiving the claim form.

 

The claim was not issued throuch MCOL Northampton

[AndyOrch]

Okay so as the claim was issued 1st October you have time to get matters sorted

 

You must acknowledge the claim within 19 days from the 1st Oct...also state that you intend to defend all....this allows a further 14 days to submit a defence (if required) so in total you now have 33 days breathing space.That protects you from a default Judgment.

 

In the meantime talk to your mediator and suggest that this settlement which has been agreed be presented to the claimant and solicitor (you must keep the solicitor in the loop he will be running the legal side) by way of a Consent Order or Tomlin Order.

 

This can stay the claim and settle it by drafting an appropriate schedule of settlement that both parties will adhere to (this protects you).

 

Once the Consent is drafted (if you want me to draft it just say) it is then sealed by the court and the claim is either stayed or discontinued...subject to the terms agreed.

 

But your Acknowledgement of service is your first priority and tick defend all for now.Return that to the court that issued the claim.

 

Regards

 

Andy

[dx100uk]

The claim was not issued throuch MCOL Northampton

 

 

???? I thought all claimforms were issued via MCOL?

[Ganymede]

The only alternative is to issue in the County Court Money Claims Centre (CCMCC) which is the bulk issuing centre based in Salford.

[moustachekorma]

Ok thats amazing afvice, thank you.

I will be sending the claim form off today by special delivery to say I will be defending the claim.

 

I would be very grateful if I could be helped with the drafting of the agreement,

how does the process of a consent order work from my research there was only uses of it in divorce settlements?

[dx100uk]

have you not got an mcol password on the form?

 

much easier, after you've created a log in

[AndyOrch]

Consent Orders or Tomlin Order are used widely throughout all civil claims...I will draft one later for you...do the terms of settlement still stand?

 

Regards

 

Andy

[moustachekorma]

Yes Andy, really big thanks for your help

[AndyOrch]

IN THE XXXXXXXXXXXXX county court CLAIM NO: XXXXXXXX

 

Between Claimant

 

 

Claimant

 

and

 

Defendant

 

 

 

 

Tomlin Order

 

 

UPON the parties having agreed terms of settlement as set out in the attached schedule (the " Settlement Terms "

 

 

BY CONSENT IT

 

IS ORDERED THAT:

 

 

1. All further proceedings in this action shall be stayed upon the terms set out in the

the attached schedule, except for the purpose of carrying such terms into effect.

 

2. Each party shall have liberty to apply to the court if the other party does not give

effect to the terms set out in the schedule.

 

3.No order for costs.

 

 

Dated ......................... .......

 

We consent to the making of an order in the above terms

 

 

......................... .................

Sols for the Claimant

 

 

 

......................... .................

 

XXXXXXXxx,Defendant

 

 

 

 

SCHEDULE

 

 

1. The Defendant shall pay to the Claimant the sum of £xxxxx in Full and final settlement of this claim.

 

2. No charges will accrue on the settlement sum

 

3. The Defendant will pay to the Claimant on or before xx xxxxx 2014 the sum of

£XX.00 followed by payments of £XX.00 on or before the xxth of each month and every

month thereafter until the balance has been paid in full.

 

4. If payment is not made on the due date the Claimant shall give notice in writing of such a

default to the Defendant and if payment is not made within 14 days from the date of such

notice the Claimant shall be at liberty to apply to lift the stay and proceed with the claim.

 

5.If following any review, either the Claimant or the Defendant considers a new monthly instalment amount should be payable but cannot agree this with

the other party, either party shall be at liberty to apply to the Court for the Court to determine the monthly instalment payable and thereafter the stay

and settlement contained in this schedule do continue.

 

 

 

There will be a fee of £50 to lodge and seal the order...obviously they will expect you to cover that.

 

 

Regards

 

Andy

[moustachekorma]

Quick question,

what does no order for costs mean

and in addition

does this need to be sent to both the claimant and the claimant's solicitors.

Thanks so much Andy!!

[AndyOrch]

You do it through the Solicitor...no order for costs means that you are not liable for their costs thus far..nor they yours...they will probably expect you to cover the court fees for issue.

[moustachekorma]

Ok thanks,

the Court fees for issue of the claim were 500 and already included in the settlement.

 

 

Also the settlement agreed three payments paid at the start of each semester (as it was easier than monthly).

 

 

Is it worth still getting the mediator to show the finance department the consent form

- they already agreed to written settlement but just want to make sure they're not blindsided

[AndyOrch]

£500 ??

 

As I have already explained the Tomlin Order must be agreed with the Solicitor acting...the claimant does not push the buttons so no point involving them.

It is the only means of protection should anything go wrong...Its either a Tomlin Order or a Notice of Discontinuance...anything else provides you no protection.

[moustachekorma]

500 was added to the existing debt for court fees by the solicitors,

[AndyOrch]

Heavens how much is their claim for? £500.00 court fee is for a claim of £15000.00 to £50.000.00

[moustachekorma]

Just over £5000

[AndyOrch]

Well as you have already agreed it within the settlement...little can be done now...just run with the schedule I have provided.