OUSBA taking me to small claims court

[Nuttyzebra]

Nack in 2017 i signed up for a course through the OU (had failed a previous course, was made to choose another level 3 course to complete my BA hons). The course I chose was completely unsuitable and i struggled from day one.  The Course began in October 2017, by November 2017 i was seriously behind and contacted the OU to say that i was going to withdraw from the course, and chose to take an ordinary degree. 

 

From the day of my withdrawal i was removed from the course and had no access to course materials, classes, tutors or assessment work.  During that time i was suffering financially as well, and did tell the Ou that i was unable to keep paying for the course that i could no longer take.  Since then OUSBA have hounded me, calling up to 5 times a day to demand payment.  For a few years the account was passed to STA, and then back to OUSBA. 

 

Fast forward to this year March, i received a court summons saying that OUSBA are taking me to court. I am defending the claim and am also asking for compensation for emotional distress, and the negative impact on my credit rating (I've to take out costly credit to try and pay off other debt). I applied to have help with the court fees, but i think i have filed the forms wrong as i have received a letter demanding payment for the defended claim.

 

I have no idea what I' doing with this.  I cant afford to pay (in £10,000 worth of debt without this, and struggling to pay) but i dont think i should have to pay as they withdrew service.  I had paid 2 months of the 10 months payments. 

 

I'm an adult with ADHD and I'm autistic, so dealing with phone calls causes me undue stress, i cant handle money very well (obviously) and all of this is making me ill.

 

I've got to send in my evidence and statement before Friday, and its actually making me ill.

[AndyOrch]

Quote

 I applied to have help with the court fees, but i think i have filed the forms wrong as i have received a letter demanding payment for the defended claim.

 

Welcome to the forum

 

Did you submit a counter claim ?

 

 

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[Nuttyzebra]

yes, on the form that came. 

Edited May 19, 2022 by dx100uk
unnecessary previous post quote removed

[AndyOrch]

That's why the court are charging you a fee...you never ever have to make a counter claim on this type of claim unless the claimant owes you money. You cant counter claim compensation for emotional distress, and the negative impact on your credit rating ...a counter claim must be quantifiable with actual money loss from the claimant.

 

So from above you are at the stage were you are preparing your statement with evidence in support of your defence. Have you received the claimant's statement in support of their claim ? What is the actual date both parties must exchange and file with court ? 

 

Post a copy of your defence here and the claimants particulars of claim and statement (if received)

[Nuttyzebra]

i dont really have a defence, apart from the removal of service.  

Can i take back the counter claim?

papers have to be filed by friday 4pm.

There defence is that i didnt pay.

[AndyOrch]

You must have submitted some form of defence otherwise the claimant would have judgment by now unless your counter claim is stopping them requesting judgment.

 

We can't really advise on what you should submit as a statement without sight of the particulars of claim (verbatim) what you submitted as a defence/counterclaim and you have not answered if you have yet  received the claimants statement with evidence.?

 

 

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[Nuttyzebra]

hope these worked

 

 

 

 

Docs1.pdf

Edited May 18, 2022 by dx100uk
pdf's merged to one and ordered properly

[AndyOrch]

Thank you...... and page 2 of the N157 Notice of Allocation (directions) and a copy of their statement/evidence and credit agreement in connection to their claim please if you can also redact and upload....then we have everything in connection and the basis of drafting you a statement 

[AndyOrch]

Thanks...give me chance to digest all that but one further question ...did you ever receive a Default Notice from  the credit provider ?

[dx100uk]

pdf's merged and ordered properly for you

 

in your last post

 

[Nuttyzebra]

I don't remember receiving one. 

Edited May 19, 2022 by dx100uk
unnecessary previous post quote removed

[AndyOrch]

I thought possibly not as the claimant totally disregards and avoids any mention of ever serving a Default Notice pursuant to sec 87/88 of the CCA1974 within their statement ...which basically means that they failed to adhere to the Consumer Credit Act 1974.Therefore prevented from enforcing the agreement by law.

 

87 Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a)to terminate the agreement, or

(b)to demand earlier payment of any sum.

[AndyOrch]

Obviously I do not wish to give you a legal get out loop but the CCA1974 is there for a reason and all creditors must comply by the legislation.

 

When you informed them of your intention to withdraw from the course and unable to meet the contractual payments did they or you not request some kind of payment plan/arrangement to enable you to avoid or defer from defaulting ?

 

 

 

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[Nuttyzebra]

The OUSBA didn't suggest a payment plan STA did when it was handed to them, but they were incredibly harassing.

Edited May 19, 2022 by dx100uk
unnecessary previous post quote removed

[AndyOrch]

So basically you just stopped payments and didn't agree any payment plan ?  Do you know what date the default was registered on your credit file ?

[AndyOrch]

Here is a draft statement for you to consider/amend and file with the court and claimant. Attach any files as evidence as required.

 

In the County Court at Torquay.pdf

[Nuttyzebra]

Yes, cancelled the direct debit, and no there was no mention of a payment plan.

On my credit file the first default is July 2018.

 

Im going to add the corresponding consumer credit act mentioned do i need to add any other evidence in with this??

Edited May 19, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

just type no need to keep hitting quote....

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

 

you don't need to inc evidence of the relevant CCA part no., its quote on the line you refer too.

 

[Nuttyzebra]

thank you so much for your help, i have sent off my statement.

Fingers crossed now