Goldsmiths University/Breachers claimform - old UNI fees

[ChocolateFrogCookie]

Hi, I'm hoping you can help me please. 

 

STA have been sending me letters demanding an amount related to a University course.

 

I had started the course and left a few weeks later as I felt the course was poorly structured and was being taught by a newly qualified lecturer not the lecturer I had been told would lead it. I was not told at any point when leaving that I would owe any fees. 

 

I googled STA collections and found a standard letter which I sent to them stating that I didn't recognise the amount and it wasn't clear who this amount was owed to. I requested evidence of the debt. 

 

STA ignored my request and kept chasing the debt. Eventually they've sent me 3 copies of invoices which I had never received and a copy of what they are calling an 'enrolment form' which does not contain my name, address, signature or any other details that link any of this back to me. 

 

I had never made any payment to the University or STA I was never advised the costs of the course directly. I do not recall signing a contract or agreement when I started the course and STA and the University have not produced any evidence that I agreed to pay anything to them. 

 

I've attached the 'evidence' they've sent. Can anyone please help advise where I stand with this and what I should do next? I've kept all comms by email and have never phoned them. Fortunately they do not have a phone number for me. 

 

Many thanks

 

 

invoice.pdf enrollment form.pdf

[dx100uk]

1 hour ago, ChocolateFrogCookie said:

I had started the course and left a few weeks later as I felt the course was poorly structured and was being taught by a newly qualified lecturer not the lecturer I had been told would lead it. I was not told at any point when leaving that I would owe any fees.

 

did you correspond with the college? about this?

 

how did you enrol.

turned up during the enrolment period and enrolled?

how was it discussed you would pay for it?

how old were you?

 

dx

[ChocolateFrogCookie]

I have a terrible memory but here goes:

 

how did you enrol. 
i don’t remember 

 

turned up during the enrolment period and enrolled?

possibly but I really don’t remember if there was a form or something online - surely it’s the Uni that has to produce something I signed? 
 

how was it discussed you would pay for it?

I don’t remember any discussions of how much it was or how I would pay. I started the course without ever paying anything. 
 

how old were you?

I was 22

 

From what I read online STA (or the Uni) have to produce some kind of contract or document that shows I agreed to pay. Is that correct and if so I don’t understand why they havent produced it when I’ve asked in writing 3 times? If they can’t produce it then is there any validity to the claim?

[dx100uk]

probably not, but thats not the point of a dca.

 

any dca is a totally powerless company 

they are not bailiffs and have absolutely no legal powers whatsoever on any debt no matter what it's type.

however as 99.9% of the mug population think otherwise and wet themselves and blindly pay on all manner of debts to a DCA

you can't blame them for trying.

 

pers i'd simply ignore them and not ever into any pointless letter tennis until or unless on any debt a DCA chases sends you a letter of claim.

 

dx

 

 

[ChocolateFrogCookie]

Thanks very much for this. I will read up on ‘letter of claim’.

 

I assume I don’t lose anything and there are no negative consequences of ignoring them and waiting to see if a letter of claim ever comes?

 

Out of interest does a letter of claim require evidence of the debt before it can be issued? 
 

thanks again for all your help. 

[dx100uk]

never enter into pointless letter tennis.

a dca is totally powerless so ignoring what is powerless obv can't hurt you.....

 

there is no legal requirement to provide any evidence when issuing either a pre action protocol Letter of Claim nor upon the issuance of a court claim. 

 

keep reading up here ...you are doing a good job but widen your search but stick to cag.

p'haps redwood or harwood as they do these too.

 

 

 

[ChocolateFrogCookie]

Thanks again. Reading about the PAP and Letter of Claim I’m keen to understand the below highlighted in yellow. Am I correct in understanding that the creditor needs to confirm in the letter of claim that a written agreement exists and is available. (I assume an oral agreement isn’t relevant in this case.) 

 

Just trying to think ahead as to what my strategy is here if they do progress this. I suspect they may not have a signed agreement and/or that they failed to follow their own rules by allowing me to start the course without making any payments. 
 

I can’t seem to find comparable posts to use as reference as most of the STA/redwood/harwood seem to be quite different scenarios.

 

thanks again for your help

[dx100uk]

they dont no

but, in their eyes they already have re your previous PDF's. of the gumph set you.

 

pers i wouldn't get to hung up on if/if not to date they are right or wrong nor have done right or wrong.

its seriously a non runner.

 

you or someone for you would have completed an enrolment form at the college or uni, and it would have been done with your knowledge and most probably signed by you in person there and then.

 

or you could have done it online on their website

 

there's no way you would have been allowed to attend even the 1st class without one existing.

 

don't worry about it in the sense of oh god i'm done for then.....

you are not.

 

p'haps don't limit yourself to reading cases specific to a course fee

more general reading of any claimform threads here will give you better understanding of the whole process IF IF IF it ever goes to court.

 

and that will be months away if ever.

 

there is also the otherside to all this.

if since the day you walked out, you have never spoken to the uni themselves, it might pay you to do esp upon raising a complaint...

don't forget STA and their dogs are operating upon the instructions of the UNI.

without there permission STA etc can do nothing...go resolve the issue...which doesn't mean paying!!

 

 

[dx100uk]

Post hidden

please use one multiple page pdf only

read our upload guide carefully

[ChocolateFrogCookie]

Apologies I hadn't seen that uploads need to be in PDF.

 

I have received the attached letter from STA which I assume is a standard letter as I've never spoken to them on the phone. I'm not sure what they mean by 're-commence recovery action'? Do I just continue to ignore them?

 

I have been in contact with the Uni who insist I need to pay the fees as I left the course after the first three weeks. They have not provided any evidence/documents that I signed an agreement to pay the fees or that I acknowledged that fees would be due if the course was left early. They referred me to their website which undoubtedly has changed since I was there. 

 

I appreciate I shouldn't reply to STA however I'm not sure how to proceed with this overall.

 

I've read the claim form page and I'm not clear if I can request a copy of a credit agreement from the Uni as I'm not sure if its standard for a University to have required a credit agreement to be signed? 

 

I'm not really clear what happens next and at what point I need to act. I've read about lots of different cases (fee related and non fee related) but can't find information on a case that is similar to mine. Do I wait until the Uni begins a formal action? I am concerned as I don't want the amount to increase from the already significant amount they are demanding.  

 

Many thanks for any help you can offer. 

staletter.pdf

[dx100uk]

 

ignore ...yes its not a letter of claim from a solicitor with their client being the Uni.

until/if you get one of those pop back here.

 

no-one can add anything to any debt ...so can't increase it.

 

nothing to do with 'credit' but yes ofcourse you can request and they will have to produce all paperwork inc how they dealt with your dispute if the time comes and they move to court.

 

redwood or harwood are good names to put in our search top right in the red banner.

 

 

 

 

[ChocolateFrogCookie]

Thank you very much.Should I ask the uni for the paperwork now or wait to see if they pass it to a solicitor?

 

will search for harwood and redwood.

 

thanks again

[dx100uk]

let it run 

get researching here as advised

like 

 

Programmable Search Engine (google.com) <<clickme

[ChocolateFrogCookie]

 Further to my previous posts here I have now received a Claim Form 'The County Court Business Centre'

 

although I hadn't previously received any intention to take the claim to court.

I'm not really sure what I should do now.

Despite asking the university and STA for evidence of a contract or agreement they've never produced anything.

 

Also the claim form stats an amount owed plus 8% interest for 4 years on top of the original amount plus a court fee and Legal Representatives Costs.

 

Can you please help me as I'm not clear what to do?

I thought they wouldn't go to court without sending a letter of intention first?

 

Many thanks

Edited September 28, 2021 by dx100uk
spacing

[dx100uk]

please complete this CAREFULLY:

 

 

[ChocolateFrogCookie]

Name of the Claimant ? Goldsmiths University

- Appears to be Brachers on behalf of STA on behalf of uni

 

Date of issue – . 21/9/2021 but received today on 28/9/2021

 

Particulars of Claim

 

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

 

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

 

What is the total value of the claim? £1718.12
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? NO
 

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 as I wasn't aware of the claim

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

 

When did you enter into the original agreement before or after April 2007 ? No
 

Do you recall how you entered into the agreement...On line /In branch/By post ? No
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Don't know 
 

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 Brachers on behalf of STA on behalf of Goldsmiths University
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't believe I received a Notice of Assignment
 

Did you receive a Default Notice from the original creditor? I don't believe so

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes
 

Why did you cease payments? I never made any payments

 

What was the date of your last payment? Never made a payment
 

Was there a dispute with the original creditor that remains unresolved? Not sure how to answer this

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A
 

Edited September 28, 2021 by dx100uk
formatting

[dx100uk]

8 minutes ago, ChocolateFrogCookie said:

07/03/2017 to 20/09/2021 on £1117.00

is that a mistype?

 

14 minutes ago, ChocolateFrogCookie said:

When did you enter into the original agreement before or after April 2007 ? No
 

Do you recall how you entered into the agreement...On line /In branch/By post ? No
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Don't know 

what year did you sign up at uni

 

was this an enrolment form you signed when you went to enrol?

 

go get a copy of your file online from equifax/experian or credit karma sites

they are all free.

 

[dx100uk]

threads merged - title updated

[ChocolateFrogCookie]

Thank you. Claimant is listed as:

 

Claimant is listed as: GOLDSMITHS UNIVERSITY OF LONDON, AT STA INTERNATIONAL LTD, THE DRYING LOFT, 25/28 TURKEY, ASHFORD ROAD, MAIDSTONE

 

Solicitor: Brachers LLP 

Edited September 28, 2021 by dx100uk
unnecessary previous post quote removed

[ChocolateFrogCookie]

Its not a mistype - it says interest from 07/03/2017 to 20/09/2021  - the amount claimed is £1117 plus interest for a total of £1523.12 plus £115 court costs plus £80 legal representatives costs.

 

Signed up to Uni in 2015 - I have no idea what the significance is of the 7/3/2017 date.

 

I don't remember an enrolment form but possibly. I've asked several times for a copy of an agreement/contract and never been sent one. 

 

Will check my credit record 

 

Thanks again

 

 

Edited September 28, 2021 by dx100uk
unnecessary previous post quote removed

[dx100uk]

thank you its just the way they written it.. no worries

 

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 
...

.

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]

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

 

[ChocolateFrogCookie]

 

Thank you will do the MCOL and will get the CPR 31:14 done.

 

Out of interest how do I prepare my defence if I don't have any of the CPR information to contest? 

 

Thanks again DX100uk, don't know what I'd do without you!

 

[dx100uk]

just type no need to keep hitting quote...

 

your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.

 

redwood/harwood or STA or brachers.

 

just use our enhanced google search box.

 

uni fees is useful too.

 

this guy is just in front of you

 

 

[ChocolateFrogCookie]

I've completed the MCOL and editing the CPR 31.14 request but have run into a snag. I read online that I can only request copies of documents mentioned on the Claim Form (eg Agreement, Contract, Notice of Assignment etc) however the Claim form sent to me doesn't mention any of these documents. The only particulars in the claim are as below in red. I'm not clear what I can request? 

 

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

 

Many thanks

[AndyOrch]

Quote

The Claimant claims the sum of £1117.00 in respect of tuition fees, details of which have been delivered to the defendant. 

 

Have they been delivered ?

 

Andy