Redwood/harwoods - school fees. Claimforn received - *** Settled by Tomlin Order* **

[dx100uk]

the redwood/harwood letters should state their client.

 

 

dx

[Ironic]

The Redwood letter doesn't say who their client is,

 

 

the Harwood letter does however start:

"We have been instructed by the above named client regarding the above-mentioned debt

the details of which have been provided to you."

 

 

The client is named as the school.

 

Leaving aside the grammar,

there have been absolutely no details whatsoever provided to me.

 

 

The only things I have received are the Harwood letter saying they are pushing for County Court

while Redwood's letter says 'have a SD' - which is somewhat different to the solicitors who in theory are instructing them.

[Ironic]

I am thinking that I need to at least respond to Redwood to say that whole debt is in dispute and that will also serve to have been in touch with them as requested.

[unclebulgaria67]

I am thinking that I need to at least respond to Redwood to say that whole debt is in dispute and that will also serve to have been in touch with them as requested.

 

Register the dispute first with the school and then confirm to Redwoods once you know the school are dealing.

[Ironic]

ok thanks

[Ironic]

Just to update on this:

 

 

in spite of being told in writing by Harwoods that all payments and communications should be made to Redwood only,

 

 

have now received a CCJ claim form from.......Harwoods.

 

 

Claim is for full amount of alleged debt plus 8% per annum plus court fees plus solicitors costs

 

 

essentially saying that all documentation has been sent, it hasn't, and they are pursuing this claim.

[SabreSheep]

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

 

copy and paste your answers to thsoe questions into this thread

[Ironic]

Name of the Claimant ? The School

Date of issue – 30 Jan 2015

What is the claim for –

 

1. The Claimants claim is for the sum of 24957.68 being monies owed by the Defendant to the Claimant for unpaid school fees by the Claimant at the Defendant’s request.
   
2. The Claimant duly rendered invoices to the Defendant
   
3. (Although on their form this is numbered 4 for some reason and there isn’t a 3!)
   Despite numerous requests for payment the sum of 24957.68 remains due and outstanding. In addition, the Claimant is entitled to interest upon the outstanding sum at the rate of 8% per annum pursuant to Section 69 of the County Court Act 1984 in a sum of 11318.46
   AND THE CLAIMANT CLAIMS
   

 

1. The sum of 24957.68 pursuant to the paragraphs above.
   
2. Interest in the sum of 11318.46 pursuant to the paragraphs above
   
3. Further interest upon the outstanding sum at the rate of 8% per annum pursuant to Section 69 of the County Court Act 1984 from the date hereof at a daily rate of 5.47 until judgment or sooner payment
   
4. Costs and court fees
    
   What is the value of the claim?
   

Amount claimed = 36276.14 + Court Fee: 550 + Solicitors costs: 100 TOTAL: £36,926.14

Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? school fees

 

When did you enter into the original agreement before or after 2007? Before 2007

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim.

 

 

Claim Form says claimant is the school,

address for sending documents and payments is C W Harwood & CO, Kimberley House,

11 Woodhouse Square. Leeds, LS3 1AD

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO wasn’t aware and NO didn’t receive Notice of Assignment

Did you receive a Default Notice from the original creditor? NO

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

Why did you cease payments? I ran out of money and the school asked for them to be removed, financial crash happened and all I could do was try to stay afloat

 

What was the date of your last payment? 5th December 2008

 

Was there a dispute with the original creditor that remains unresolved?

YES – they were billing a term in advance and as they had asked me to remove children

because I couldn’t pay then I didn’t see how adding costs of another term

when they wouldn’t be at the school could possibly help the situation.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

 

 

YES I communicated the financial problems to the school and had frequent chats to the bursar

but they didn’t want small payments at the time as they wanted the whole sum paid.

[dx100uk]

ack the claim

defend all

leave juris unticked

 

 

send a CPR 31:14 to the sols.

 

 

also nail down post 25

 

 

the sb issue

 

 

dx

[Ironic]

Try this, and apologies for buffoonery!

[Ironic]

Also still need guidance re SB - and what negates it please

[dx100uk]

sb negates the whole claim as is an absolute defence.

[dx100uk]

why did you ask for an extension

we didn't say that?

 

 

dx

[Ironic]

Didn't think I did ask for an extension on the acknowledgement slip to Court.

 

 

Looked back at my letter sent to them where I said if they were unable to get the documents I requested to me,

which they haven't, then they should inform me in writing so I could inform the Court

- I didn't actually ask for an extension it is the way they have not read my letter correctly.

 

Now need to respond to the letter they have sent, any thoughts welcome.

 

 

FYI the documents I asked for, which I would argue were mentioned in a statement of case/particulars of claim,

because without them this could not have been brought to this stage surely:

 

1) Agreement/Contract

2)Default notice

3) Notice of Assignment

4) Formal Demand

5) Statutory Notices

6) Notice of default sums

7) Copies of all requests for payment made and other correspondence pertaining to this matter.

 

These hadn't been provided/sent by the school and have never been received,

they only sent invoices, copies of some of the invoices have been sent by Harwoods.

 

Re SB want to know specifically when the clock starts on it,

and what can negate it between then and when the limit is reached please

[dx100uk]

payment or written acknowledgement from you and signed

 

 

dx

[Ironic]

Definitely nothing signed. What is the legal view of emails?

[Ironic]

Update following me sending SB defence, letter received from Harwood saying:

'We do not agree that 6 years have expired from the date on which the course of action arose and do not agree that our claim is in anyway barred by the limitation act 1980. Accordingly we have been instructed to proceed.'

 

 

This has now been followed by letter from County Court Notice of Proposed Allocation to the Multi-Track.

 

 

Haven't as yet responded to any of it and thought would ask for any suggestions as to best way to proceed - thanks

Edited March 18, 2015 by Ironic

[dx100uk]

well until they prove its not

they are stuffed

 

 

I'd let andyorch comment on further actions if anything.

[Ironic]

Shouldn't they prove its not before heading to court otherwise it is a complete waste of time?

[dx100uk]

you'd think so wouldn't you.

 

 

dx

[Ironic]

Yes I would - that's kind of why I asked the question cos it seems obvious to me - but then I'm not a highly paid solicitor!

 

 

So that then leads on to me asking that if they don't prove it can I claim against them for anything?

[dx100uk]

if its smalls claims - sadly no.

 

 

dx

[Ironic]

Not even wasting time, causing stress, gross stupidity etc? It is out of small claims because is more than £25k

[dx100uk]

so it is sorry

 

 

wasted costs?

 

 

no my bag legal sadly

and andy is sadly not around for a while

 

 

dx

[Ironic]

No worries will plough on with the fiasco and update as and when