backdoor CCJ for useless Uni course - set aside ok but lost rehearing. Now Equita HCEO's Writ

[jackdavies_surfer]

Hello,

 

I recently got into a legal battle with my former university who listed an undergraduate course at their institution which I soon realised was nothing like what they had said it would be in the promotional and marketing tools they used to appeal to prospective students. I explained my reasons for leaving and told them how angry I was at them for wasting my time.

 

They sent me letters demanding I pay all of the semester one tuition fees, but I refused and said they have no right to the money such was the poor quality of the course. 

 

Two years later they issued a County Court Claim against me, by then of course I had discarded or deleted almost all of the hand outs and learning materials. This made it very difficult to prove in court my defence and I lost.

 

Now the university have escalated the case to the High Court and a High Court Writ has been issued against me. I have received a Notice of Enforcement from Equita Bailiffs demanding payment. Can I ask do they have the right to break into my home or get a locksmith round to enter my home and take goods? 

 

Any help or advice would be really appreciated as I have never been in this situation and I'm furious with the university for doing this. I should have register a claim against the University for mis-selling their course and wasting my life for a year but never did that.

 

Jack

 

 

 

[dx100uk]

i've slightly updated your title to better clarify your issue.

 

no they cannot.

the only reason HCEO bailiffs are involved is because the debt is greater than £600 .

 

just to be sure of things esp like the claimant and their solicitors (whom we know well.... redwood/harwoods par chance?)

can you fill this out

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group

 

and post up your defence too.

 

 

 

 

[jackdavies_surfer]

Hello dx100uk and thanks for responding I really appreciate that. I do like the new title for my post, if you did that thanks it sums up more accurately what's happened.

 

I am relieved to see you say they can't force entry but I'm sure I've read that if after a certain amount of visits and I refuse to let them in they can go back to the court and get another order from the judge which would grant them the right to force entry, is that correct?

 

Jack

[dx100uk]

nope..stop reading spoofing websites...

 

can you please do as i asked..

 

[jackdavies_surfer]

Name of the Claimant ? University of....would rather not disclose name of university if that's alright.

 

Date of issue – 18/10/18

 

Particulars of Claim

 

What is the claim for – 

 

I have never received a Particulars of Claim as the university issued to my old address so never received court papers, they obtained judgement by default in 2018.

 

I successfully got the judgement set aside and was eventually allowed to defend the claim.

 

My claim was based on breach of contract and other areas of consumer law in which I claimed the course had been mis-sold to me, it did not in practice do what it claimed it would do to help me into my desired profession, the tuition was defective and the overall quality of the course was poor.

 

What is the total value of the claim? £2300
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I never received any notice that a claim had been issued.
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes.
 

Did you inform the claimant of your change of address? No.

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No.
 

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 ? Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Unsure
 

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. Issued by university
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A
 

Did you receive a Default Notice from the original creditor? No.
 

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? Never started.
 

What was the date of your last payment? There isn't one as I never made a single payment.
 

Was there a dispute with the original creditor that remains unresolved? Yes I was in dispute with the university over their crap course which was blatantly mis-sold to me.
 

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

 

I hope this provides at least some of the information you require. The problem with some of these questions is that they relate to a live case but my case has now been adjudicated and despite successfully setting the default judgement aside I lost the case. I then attempted to appeal but at the appeal hearing, by phone, I was not given permission to appeal.

 

Jack

[dx100uk]

Thread title updated again.

 

sad you lost the rehearing after the set aside. Who were the sols please i bet we know them??

 

so since you lost that, what did the judge order? Was It a forthwith judgement or did he set a £pcm plan?

 

don't think there is much more you can do other than you can p'haps file an n245 to get a variation to a low £pcm . That will sort things properly and remove bailiff action. Cause to date youve not paid anything?

 

DX

[unclebulgaria67]

What is your situation in regard to ability to pay this debt ?

 

Are you employed ?

 

If you are employed, after paying housing costs, utility bills and other basic living costs, is there any money left to pay towards debts ?

 

Do you have a vehicle parked near your home ?  If yes, suggest that is parked elsewhere. Even if on finance, they may be tempted to take a keen interest in it, in the hope you run out of the house leaving your door open, giving opportunity for them to enter.

 

Do you own any property with any equity ?