uni of?/Hadfield Claimform - old uni fees

[the kid's mum]

I know this is an old thread, but... bit the same as OP, had the STA letters and Hadfield stuff, now have received court summons. I need help, my husband passed away earlier this year, I'm not in the best place.

 

I'll start another thread but anybody got some Friday night, stay calm and you'll be able to sleep advice? xx

[ericsbrother]

you will need to post up ther particulars of claim and give us a bit more background as to how this came about, dates, amounts they say is owed, what correspondence has been back and forth etc. Star a new thread by going to the subforum and clicking on the start new thread box at the top left.

[dx100uk]

Can you please complete this

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

I have made your own thread post here now please

[the kid's mum]

Thank you,

I've copied over the answers in purple. (a delay, monitor went bang yesterday)

All help is greatly received. xx

 

Name of the Claimant ? University of B....

 

Date of issue 25/9/2017

 

Date of issue 28/10/2017

 

 

What is the claim for –

POC -

 

1.The claimant claims £3700 in respect of

1 university tuition provided by the Claimant at the Defendant's request,

full particulars whereof having been supplied by way of claimant's invoice dated 7/10/13 together with additional charges as per the claimant's regulations.

 

2. The Claimant claims the further sum of £1070 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 £0.76 from the date hereof to payment or judgement whichever is the sooner.

 

4. Costs

 

What is the value of the claim?

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Tuition fees

 

When did you enter into the original agreement before or after 2007? After, Oct 2013

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.

Appears to be issued by Hadfield solicitors on U O B... , STA were chasing.

No dead of assignment,

last correspondence from Hadfield Sol acting for STA.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No deed of assgnment

 

Did you receive a Default Notice from the original creditor? No default notice received

 

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

 

Why did you cease payments? See dispute sentence

 

What was the date of your last payment? See dispute sentence

 

Was there a dispute with the original creditor that remains unresolved? Yes, total amount.

I applied for student loan,

was approved,

then somebody from U O B... called student loans and said wasn't attending (I had experienced a life threatening illness)

however continued to study and completed the year.

 

I was unaware that student loans had not paid out.

Then U O B... wrote to say £3700 is outstanding.

 

I contacted back to dispute as fee was in the region of £1400,

next communications were from STA and no regard to the disputed amount or resolve over the communications with student loans

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No, because all comms are from STA

 

BTW, there was a letter of action (quite some time ago) but that was from hadfield sols acting for STA

[dx100uk]

You sure the claimant is the uni?

[unclebulgaria67]

Sounds like University of B.... Never received money from Student Loan Company, because the loan application was stopped due to course attendance issue.

 

University of B...... then raised an invoice to the student for the course fees because they were not getting it from SLC. Even if you were not actually attending, it sounds like the University provided some assistance with the course, which you say was completed. It is then a question of how much would be due.

 

You would need to send a CPR 31:14 letter to the claimants solicitors noted on the court claim. Amend the letter to ask for all documents stated in the particulars of claim.

 

I wonder whether you need to also send the University a Data Protection Subject Access Request urgently requesting all of your records relating to the administration of the course, including any issues with student loan/course fees.

[the kid's mum]

Yes, dx100uk. from UOB...

 

Wouldn't say they provided assistance as I did this from hospital bed, all they did is mark the papers.

I had Student loans for the previous years of studying just UOB stopp the SLC stuff, I never ever expressed a wish to put anything on hold through the illness, either.

 

This is the CPR31:14 with parts deleted/modified, can ou cast your eyes over it before I send it, thanks?

 

Templates must not be posted on the open forum..they are for you and members only. (see instructions on the template)

 

Regards

 

Andy

[unclebulgaria67]

Should be ok, you can't really go wrong. The people receiving these letters will know what you want. Just list the documents as they have mentioned them. They know they should supply these on request.

[the kid's mum]

Apologies Andy, Thank you for taking it down.

 

Thanks Unclebulgaria, I'll run it off and get it in the post, recorded just so I know they get it.

[the kid's mum]

You sure the claimant is the uni?

 

Yeah, this is a bit strange as I was led to believe that a n other firm were sole advisors and STA were used as a dca to recover

[dx100uk]

If you signed an agreement get a CCA request running to the claimant

 

Pop up on mcol website

Register as a individual user

Log in

And using the detailed from the claim form

Select Respond to a claim

AOS box

Defend all

Leave jurisdiction unticked

 

Click thru to the end

Confirm and exit mcol

[the kid's mum]

I haven't had anything back from Hadfields, I checked that they got the CPR31:14 and it was signed for on Tues last week.

What do I do now?

[AndyOrch]

I haven't had anything back from Hadfields, I checked that they got the CPR31:14 and it was signed for on Tues last week.

What do I do now?

 

Nothing.,..... apart from read and read and start looking at examples of other posters defences....your defence submission is your next task.

 

Andy

[dx100uk]

did you send a CCA request

[the kid's mum]

did you send a CCA request

 

yep, sent CCA request

[dx100uk]

don't miss your defence filing date no matter what does or doesn't happen

 

 

dx

[the kid's mum]

Update.. Received a court letter today, regarding allocation and mediation. I have returned and said yes to mediation. Nothing regarding CPR31:14 and CCA request has been received from claimants.

[dx100uk]

did you copy to their sols

 

and what defence did you file?

[the kid's mum]

I did copy to sols,

 

I have based the defence on that they do not have an invoice for the amount and the date they stated in their original court papers.

 

Also there had been no response to the 31:14 or the CCA request.

 

And that without the CPR request their original claim is unenforceable.

[dx100uk]

well we'll need to see it verbatim if it gets as far as disclosure stage.

 

dx

[the kid's mum]

Update,

received communication from court that the other party want to do mediation and a date is pencilled in for mediation.

 

The deadline for them to respond to the CPR31:14 and CCA request has passed and the 28 days to respond to my defence has thereabouts passed.

 

What am I to do now?

It says that the mediator is the 'go-between' for an hour and then any agreement if agreed, is legally binding

but I still haven't had the documentation that I requested.

 

This was an preliminary email from the court, do I wait it out?

 

Agree at last minute to the mediation?

I just don't know. Help!?!?! Please xx

[dx100uk]

you go read other threads.....

 

on your N180 there were several questions...........

 

those questions will be asked again.

when it come to the one about all the info you require to mediate

you say NO, mediation will fail.

[the kid's mum]

So reading between the lines they are thinking that I will buckle at the mediation point, because they haven't supplied the documentation?

[dx100uk]

no it wont happen

[the kid's mum]

Had a call earlier to schedule the mediation app. She said did I have all the information that I had requested from the other party, I said no. They're going to ring back in a few days.

 

Surely, I should have had a response to my defence by now? They had 28 days to do so, so that time is done and dusted.