Goldsmiths University/Breachers claimform - old UNI fees

[ChocolateFrogCookie]

Demands for the money have been delivered. I have requested the contract or agreement on which the demands are based and these have never been delivered.

 

Many thanks for your help

Edited September 29, 2021 by dx100uk
unnecessary previous post quote removed

[AndyOrch]

Then put them in the CPR 31.14 request...disregard not being in their particulars...you can deal with that in your defence.

[ChocolateFrogCookie]

OK thanks will do

[AndyOrch]

Post a copy here of your CPR31.14 in PDF format and I will check your wording.

[ChocolateFrogCookie]

Many thanks, I've removed the personal details and my name from the bottom. The rest is attached. 

 

 

CPR 31.14 .pdf

[AndyOrch]

Thanks I will run over it later this evening then you can get it away.

[ChocolateFrogCookie]

Thanks Andy, much appreciated. 

[AndyOrch]

1: The contract or agreement and general terms and conditions incorporated in the contract. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be served separately as stated within your particulars which you failed to deliver and the original(s) should be available at the hearing.

 

2: Notice of Assignment if one has been made N/A

3: The Default Notice N/A

4: Statement of Account

5: Any other documents related to or mentioned or relied upon in the Particulars of Claim

 

Remove the above in Red...rest is fine just a little tweaking.

 

Andy

[ChocolateFrogCookie]

Thanks Andy, I've made the changes and will send it first class signed for now.

 

I've checked Equifax and Clearscore and the debt doesn't appear on either. May I please ask what the significance of this is?

 

Many thanks

 

[AndyOrch]

Of what not appearing on your credit file ?

[dx100uk]

its a uni enrolment fees debt it wont appear on credit files, there is no 'credit'

[ChocolateFrogCookie]

Ah thanks, that makes sense

 

I’ve done MCOL and sent the CPR31:14 first class signed for and have photos of the envelope and proof of posting. 

 

Do I draft the defence now please? I’ve read everything I can find searching for the terms mentioned above and can’t find much in terms of how cases have gone post claim form being issued. Is it that I am not looking back far enough? 
 

Many thanks for all the help

 

 

[AndyOrch]

Quote

Do I draft the defence now please?

 

No.........by Friday 22nd October 4.00pm. You have 33 days in total from the date of the claim form when defending in ful.

[ChocolateFrogCookie]

I've logged in to MCOL and it looks like it's still allowing me to Start a Defense. 

 

If it makes any difference I never received a reply to the CPR 31:14 and I did confirm it was delivered to Brachers signed for on 1st October 2021.

[dx100uk]

the basics are  here:

 

youll need to mix in our std holding/no paperwork  defence too

 

bit busy. have a go and well check it 1st

 

[ChocolateFrogCookie]

Thank you, Just read that defence and this is what I have as my draft:

 

I am concerned as I'm already potentially late - that I should just get something submitted asap?

 

I have previously been contacted by STA Debt Collectors regarding this amount which they claim is owed to Goldsmith’s University.

 

I have by phone and in writing by email on 19th November 2020 requested that STA provide evidence of the amount owed in the form of a signed contract or agreement and any terms and conditions incorporated which apply to this claim. I have to date not received such documentation to prove that I owe this amount.

 

I have received notice of the County Court Claim without having received any Pre Action Protocol documentation such as a signed contract/agreement.

 

Further on 28th September 2021 I issued a CPR 31.14 Request to Michael Ronald Oatham of Brachers LLP Solicitors requesting the same information. The CPR 31.14 request was delivered on 1st October 2021 by Royal Mail Signed for Post tracking number GQ-redacted-GB.

 

To date I have not received a reply to this nor have I received any documentation evidencing the validity of the claim from Brachers LLP or any other party.

 

On the basis that STA and Brachers LLP acting on behalf of Goldsmith’s University have not produced a signed agreement or contract to prove that I owe this amount I dispute the claim in full.

 

Notwithstanding the above the claimant is invited to disclose all relevant documents in connection to its claim and on which its claim is based. Pursuant to CPR 16 and PD 16 any claim for monies based on a contract/agreement must be disclosed and the original signed contract /agreement are available for any hearing.

 

I will be out of the country from 28th October 2021 until 13th November 2021 but can be reached by email and telephone. Contact details redacted

[ChocolateFrogCookie]

I've also added this paragraph at the top.

 

The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

[dx100uk]

you must answer each of these point by either admit/deny/noted

 

1.The Claimant claims the sum of £1117.00 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 £1117.00 being as the sum due.

- 2. Costs

 

3.The claimant has complied with the Pre-Action Protocol for Debt Claims dated this 20/9/2021.

 

4.The Claimant claims interest under the section 69 of the County Court Act 1984 at the rate of 8.00% a year from 07/03/2017 to 20/09/2021 on £1117.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.24

 

 

you also need to add a bit about non compliance with the pre action protocol

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

dont rush and file non cpr compliant defence just because of a dead line, you have leeway as a litigant in person, get it right rather than make a pigs ear of it and harm you later.

 

 

24 minutes ago, ChocolateFrogCookie said:

I will be out of the country from 28th October 2021 until 13th November 2021 but can be reached by email and telephone. Contact details redacted

dump this not important yet

dx

[dx100uk]

look at the format andy has used

 

 

Calderdale College Defence..pdf

[ChocolateFrogCookie]

Thank you, re-drafted:

 

1.The Claimant claims the sum of £1117.00 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 £1117.00 being as the sum due.

- 2. Costs

 

3.The claimant has complied with the Pre-Action Protocol for Debt Claims dated this 20/9/2021.

 

4.The Claimant claims interest under the section 69 of the County Court Act 1984 at the rate of 8.00% a year from 07/03/2017 to 20/09/2021 on £1117.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.24

 

 

The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. It is denied that details of the tuition fees have been delivered to me. It is denied I entered into any form of credit agreement with Goldsmith’s University.

 

2. It is denied any sums are outstanding or due.

 

3. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

4. It is denied the claimant is entitled to claim interest pursuant to sec69 of the County Court Act 1984. It is denied that there is any debt outstanding or due.

 

Notwithstanding the above the claimant is invited to disclose all relevant documents in connection to its claim and on which its claim is based. Pursuant to CPR 16 and PD 16 any claim for monies based on a contract/agreement must be disclosed and the original signed contract /agreement are available for any hearing.

Edited October 25, 2021 by dx100uk
spacing

[dx100uk]

3 should be unnumbered and after your 1st unnumbered submission.

 

make 3.

Further on 28th September 2021 I issued a CPR 31.14 Request to Michael Ronald Oatham of Brachers LLP Solicitors requesting the same information. The CPR 31.14 request was delivered on 1st October 2021 by Royal Mail Signed for Post tracking number GQ-redacted-GB.

 

To date I have not received a reply to this nor have I received any documentation evidencing the validity of the claim from Brachers LLP or any other party.

 

On the basis that STA and Brachers LLP acting on behalf of Goldsmith’s University have not produced a signed agreement or contract to prove that I owe this amount I dispute the claim in full.

 

looking good to me

 

 

[ChocolateFrogCookie]

Thank you very much. Will do that now and submit.

 

[dx100uk]

post it up so i can check please 

not seeing andy around so ill do my best for you

[ChocolateFrogCookie]

Thank you, here it is:

 

The Defendant contends that the particulars of this claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol). The Claimant Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

1. It is denied that details of the tuition fees have been delivered to me. It is denied I entered into any form of credit agreement with Goldsmith’s University.

 

2. It is denied any sums are outstanding or due.

 

3. Further on 28th September 2021 I issued a CPR 31.14 Request to Claimant Michael Ronald Oatham of Brachers LLP Solicitors requesting the signed Contract or Agreement and any General Terms and Conditions relied upon for this claim. The CPR 31.14 request was delivered on 1st October 2021 by Royal Mail Signed for postal service tracking number GQ-redacted-GB

 

To date I have not received a reply to this nor have I received any documentation evidencing the validity of the claim from Brachers LLP or any other party.

 

On the basis that STA and Brachers LLP acting on behalf of Goldsmith’s University have not produced a signed agreement or contract as evidence that I owe this amount I dispute the claim in full.

 

4. It is denied the claimant is entitled to claim interest pursuant to sec69 of the County Court Act 1984. It is denied that there is any debt outstanding or due.

 

Notwithstanding the above the claimant is invited to disclose all relevant documents in connection to its claim and on which its claim is based. Pursuant to CPR 16 and PD 16 any claim for monies based on a contract/agreement must be disclosed and the original signed contract /agreement are available for any hearing.

[ChocolateFrogCookie]

Do I need to add the below red text to the top of my actual defence submission please?

 

 

1.The Claimant claims the sum of £1117.00 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 £1117.00 being as the sum due.

- 2. Costs

 

3.The claimant has complied with the Pre-Action Protocol for Debt Claims dated this 20/9/2021.

 

4.The Claimant claims interest under the section 69 of the County Court Act 1984 at the rate of 8.00% a year from 07/03/2017 to 20/09/2021 on £1117.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.24

Edited October 25, 2021 by ChocolateFrogCookie