Goldsmiths University/Breachers claimform - old UNI fees

[dx100uk]

they are not the claimant!! delete:

 Claimant Michael Ronald Oatham of

 

5. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

red bit is for ref only not to be filed

 

dx

 

[ChocolateFrogCookie]

Thanks again. Corrections made. Shall I submit now?

 

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 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.

 

5. 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.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

[AndyOrch]

Edited ...I would run with that now and submit it.

 

Good work DX

 

Andy

[ChocolateFrogCookie]

Thank you DX and Andy. I will submit it now. 

[dx100uk]

tnx andy.

 

dx

 

[ChocolateFrogCookie]

Hello, 

 

Unfortunately Brachers made no attempt to contact me to try to resolve the matter during the 28 day period since they were served with my dispute of the claim. They have not provided any contracts/documentation as evidence of the amount being claimed. 

 

I have now received the attached. I would very much appreciate your advice as to how to respond. 

Many thanks

 

 

FL CC Doc Dec 2021 goldsmiths no details.pdf

[dx100uk]

on page 1 of the N180 court form is it addressed to you or dcblegal?

[ChocolateFrogCookie]

It is correctly addressed to me with the correct address on page 1

[dx100uk]

sorry i meant the court N180 form 

 

that looks to be a copy of the N180 sent to DCBL from the court

not a blank n180 to you?

 

go check the status of the claim on MCOL website

it should say N180 sent to claimant xxxx date

n180 sent to defendant xxxx date

 

[ChocolateFrogCookie]

sorry I thought I had replied but must have not clicked submit

 

I checked the MCOL status and it says 'DQ sent to you on 06/12/2021' 

 

I can't see anything about N180 on the status.

 

 

[dx100uk]

N180 is the direction questionnaire!!

 

read it

 

so  no to mediation

3 copies etc etc

 

as any pcn claimform thread already here

 

DXx

[ChocolateFrogCookie]

May I please ask why you advise not to go to mediation? Is it just a waste of time? Would the courts not frown upon me not attempting mediation? Please feel free to DM me if you don't wish to answer this question publicly. 

 

I'm not sure I understand what you mean below: 

 

'3 copies etc etc

as any pcn claimform thread already here'

 

Could you please elaborate on this, apologies if I'm being slow?

[dx100uk]

sorry was on a small screen , yours is not a pcn claimform...

 

yes to mediation well spotted.

[ChocolateFrogCookie]

Ok so just to ensure I’m clear I should now complete the form and say yes to mediation - is that correct?
 

May I please ask if that will then force the claimants hand to disclose the contract they are relying upon? To date its all felt like escalation for the purpose of intimidation without any evidence being produced. 

[dx100uk]

and thats all it ever was in the 1st place..you are learning...sent to make you wet yourself and blindly cough up.

 

the claimant is not obliged to disclose anything they intend to reply upon until witness statement/disclosures stage. and it might not go that far.

 

yes to mediation

1 wit you

the rest is obv

 

3 copies

court

sols

your file.

 

should by the time the phone mediation call ACTUALLY happen you still have not been provided with enough information to make an informed decision , you THEN state no.

[ChocolateFrogCookie]

Thank you, its all becoming clearer how this works.

 

Not sure what you mean by ‘1 wit you’?

 

When you say ‘you then state No’ - do you mean I state ‘no contract has been provided’ at the mediation call? 

[AndyOrch]

1 witness...that being yourself.

 

If mediation services contact you to arrange a date they will ask certain questions before finalising the appointment...if at that stage you have still not enough information to decide if you can enter into mediation you say " no" mediation will be cancelled and the claim proceeds to allocation.

 

Andy

[ChocolateFrogCookie]

Thanks Andy, that makes sense. 

 

 

 

One other question if I may. If it does proceed to mediation can I ask a friend to attend with me? 

[dx100uk]

Mediation service is nothing to do with the actual court claim. Its a service to try and see if issues can be resolved bwfore it IS allocated into rhe court system.

 

Its by phone.

 

But going forward, if the claim goes to court its against the defendant(s) not your mates/friends..so no 

 

Dx