Calderdale College/Brachers PAPLOC Now claimform - College Course Fee - Paid by DD until Forced to Leave by Calderdale College - want remaining years Fee.

[AndyOrch]

Topic opened

[ElDiego10]

Thank you for opening the thread again. 

 

Just received a letter after 4 months.

 

It is from STA - saying that I owe X amount and defaulted on paying the remaining DD's of X amount after withdrawing from the course and there is a indemnity stated full balance is due after 3 weeks on the course or more. 

 

It then goes onto say that they may pass it onto their solicitors to issue a claim.

 

I will get a pic of the letter as soon as I can.

 

I assume the normal route and advice on here is to ignore it and do nothing until a letter of claim comes my way?

 

Thanks in advance.

[dx100uk]

Yep!

[ElDiego10]

So I just got another letter now that literally states "YOUR EARLIEST RESPONSE IS APPRECIATED" (at the top in green) and then, "Further to my previous letter, please call me now on X quoting reference number X - nothing else.

 

Same routine, file and ignore!

[ElDiego10]

Received a letter of claim today from county court. 

A little concerned now, thinking of maybe just paying it up and forgetting about it all? 

Will letter today. 

 

Here is the claim form.

 

Thanks.

 

Edited September 17, 2021 by dx100uk
PDF removed P/W showing

[dx100uk]

ive removed the claimform you'd left a few things showing

 

we dont need it

 

please complete this:

 

 

[ElDiego10]

Name of the Claimant ? Calderdale College

 

Date of issue – 16/09/21

 

Date  to acknowledge) = 04/10/21

date to submit defence = 18/10/21 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.The Claimant claims the sum of £1042.50 in respect of tuition fees, details of which have been delivered to the Defendant.

 

2.Payment has not been made and the Claimant therefore claims

– 1. The sum of £1042.50 being as to the sum due.

2. Costs.

 

3.The Claimant has complied with the Pre-Action Protocol for Debt Claims dated this 15/09/2021.

 

4.The Claimant claims interest under section 69 of the County Court Act 1984 at the rate of 8.00% a year from 30/05/2019 to 15/09/2021 on £1042.50 and also interest at the same rate up to the  date of judgment or earlier payment at a daily rate of £0.23.

 

What is the total value of the claim? £1394.44
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No 

Did you inform the claimant of your change of address? N/A

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 April 2007 ? After April 2007
 

Do you recall how you entered into the agreement...On line /In branch/By post ? At the college – signed paper.
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No.
 

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. STA International
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Received letters from STA International chasing debt.
 

Did you receive a Default Notice from the original creditor? Yes
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? Was withdrawn by course tutor from the course.
 

What was the date of your last payment? 29 March 2019
 

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

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

Edited September 18, 2021 by dx100uk
date corrections

[dx100uk]

please note date corrections above.

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

 type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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

 

 

 

[ElDiego10]

Thank you DX.

 

Quick question - it does mention a counter claim, is that something I would do now or later on ? I'm thinking of putting something in for the fees that I paid, plus compensation for time/distress/mental health etc? Or would you not recommend that? 

 

[dx100uk]

No dont do that.

 

Just get aos/cpr done. Leave defence for now, you have 33 days as detailed above.

 

But dont missit!!

 

Dx

[ElDiego10]

What is my unique reference for the claim? Is this anything I want i.e. calderdalecollege?

[AndyOrch]

Do you have a reference/account number with the college ?

[ElDiego10]

9 minutes ago, Andyorch said:

Do you have a reference/account number with the college ?

Couldn't remember it, so I just put down CalderdaleCollege - it did say on the side its whatever I wanted it to be (so hopefully not detrimental!)

 

I've done the CPR, will print it off and get it sent out tomorrow first class recorded delivery at work.

 

Thanks.

[ElDiego10]

Have posted off the CPR first class recorded and signed for, have the receipt as well. 

 

Is my next step doing the defence now?

 

Thanks

[AndyOrch]

You can make a start but not due until Monday 18th Oct...you have 33 days in total once you have stated you intend to defend all the claim.

 

Have you submitted your acknowledgment off service ? Must be done before Monday 4th Oct 4.00pm.

[ElDiego10]

Hi Andy,

 

Yes, have been on the website and submitted acknowledgement. 

 

So I'll probably go over some things this weekend, only thing is I'm not sure how much detail I should go into these! 

 

Is it a basic - point 1 I will counter with saying I was forced to remove from the course etc. Keeping it short and sweet? 

 

Thanks again! 

[AndyOrch]

Have a go and post your draft and then we can tweak it....plenty of time.

[ElDiego10]

Hi, so I have some points regarding a defence based on my situation - I am not 100% sure exactly how to word this, I've never done a defence before.

 

Some points are:

 

1. I paid the fees out of my own pocket. This is a quid pro quo contract, something for something in return. In this case I was paying for a service until I was denied the service from the college. There was no loan or credit taken out from the college or any third party institution. 

 

2. The college was challenged on the indemnity form which specifically states that if "I withdraw from the course". In this instance, I did not withdraw from the course, I was forced to leave the course by the college. I had been paying up until I was withdrawn. (evidence is available in the form of an email here)

 

3. The college quoted a learner disciplinary policy: There is a policy that they have quoted which states "5. If a student is excluded or suspended through the Learner Disciplinary Policy a refund of fees or a credit note will not be issued." - note: There is no refund to be asked for or credit note to be issued - therefore this does not apply in this instance, as I was paying out of my own pocket. This is a refund policy as well - not a "debt collection" (in whatever term you want to use instead) policy - therefore, this should not apply in this instance.

 

4.

 

Requiring the consumer to bear inappropriate risks

83. It may be unfair for a business to use wording that passes risks onto the consumer which the business is better able to bear. 

 

84. Indemnity clauses12 that protect the business in this way from its own negligence, or terms that transfer a risk to the consumer when the business can insure against it and the consumer cannot (or at least not cheaply and easily), are particularly liable to be considered unfair.

 

Requiring the consumer to make disadvantageous declarations

 

85. If a declaration is written into a contract this may, in practice, force consumers to make it even if it is not true. This is potentially unfair. Consumers may think it is just a formality, but could later be told that they have ‘signed away their right’ to argue that the facts were not as the declaration indicates.

 

86. For example, it is likely to be unfair for a consumer to be required to sign a declaration that states they have ‘read and understood the terms and conditions’. The purpose of declarations of this kind is to bind consumers to wording regardless of whether they have any real awareness of it. [reference: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/450410/Unfair_Terms_Explained.pdf]

 

I will counter claim the fees that I have already paid to the college due to the psychological injury caused by the situation. 

[AndyOrch]

Defence is due by next Monday 18th Oct 4.00pm. I will get back to you during this week.

 

Andy

[ElDiego10]

Thanks,

 

 

[AndyOrch]

Calderdale College Defence..pdf

 

One defence ...insert the dates and name 

 

Regards

 

Andy

 

[ElDiego10]

Thank you Andy.

 

Will get this filled in as soon as I am back from work today.

 

Regarding some of the details I mentioned above, is that something I may need to discuss during the actual case or most likely too technical in any case?

 

Thanks again.

[dx100uk]

what you discussed above are the kind of things that MIGHT form part of your witness statement IF IF IF the claim ever gets that far..with that fantastic defence, if i were in their shoes...i'd be running away now...

[AndyOrch]

An initial defence (response to their particular's) need not be too in-depth...you are simply laying out your stall and not revealing much argument. A valid CPR compliant defence simply responds to the points stated in the particulars by either admitting or denying...anything you do not respond to will be taken as an admittance by the court, hence the opening paragraph of your defence.

 

The defence puts the claimant to strict proof to be able to disclose said agreement/contract/credit.....therefore they can now decide if they have such a document and if they wish to proceed.

 

We shall see 

[ElDiego10]

Hi,

I'm just doing the defence on the site now, it asks - 

Do you dispute the claim because you have already paid it?

Do I say yes to this as I have paid whatever it was that was owed during the course or do i say no? 

Thanks