Manchester Uni/STA Claimform - old Student Accommodation debt

[yorkshire_lufc]

Hi all,

Please see attached.

I was unable to complete payment of my final accomodation installment in 2015 due to financial struggles. This was communicated to the University at the time.

In Feb 2020 went onto a step change DMP. I came off it in October 2021 and made F&F payment offers which was rejected.

I'm not sure what I should do from here. Should I just pay or fight this?

Thanks in advance.

 

Claimform.pdf

[dx100uk]

retitled and moved to legals

please complete this: 

dx

[yorkshire_lufc]

Which Court have you received the claim from ? Civil National Business Centre

Name of the Claimant ? University of Manchester

How many defendant's  joint or self? Self

Date of issue – 18th December 2023

defence 20th jan (you get one xtra day for xmas holiday)- edit DX

Particulars of Claim

1. The Claimant’s claim is for the sum of £3270.44 being monies owed by the Defendant for Accommodation fees
2. The Claimant duly rendered an invoice to the Defendant totalling £5018.00
3. The Defendant has made partial payment leaving the sum claimed in paragraph 1
4. Claimant is entitled to interest on the outstanding balance since it became due to today in the sum of £572.01
AND THE CLAIMANT CLAIMS
1. The sum of £3270.44 pursuant to the paragraphs above
2. Interest in the sum of £572.01 pursuant to the paragraphs above
3. Further interest at a rate of 8% per annum pursuant to Section 69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.72 until judgement or sooner
4. Costs and court fees.

205.00 court fee

80.00 legal costs

for a total amount of £4,127.45

What is the total value of the claim? £4,127.45

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

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

When did you enter into the original agreement before or after April 2007 ? After

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...) ? No

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. Man Uni

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

Did you receive a Default Notice from the original creditor? Yes

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? Unable to pay due to lack of income

What was the date of your last payment? October 2021

Was there a dispute with the original creditor that remains unresolved? No

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

 

 

Claimform.pdf

[dx100uk]

if the claimant is man uni you cant have received a notice of assignment so the debt cant have been sold and solicitors cant buy debts anyway.

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

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
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 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 [if one is not listed send to the claimant]
...
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
.do not ever use or give an email
.
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]

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

 

[yorkshire_lufc]

Hi dx,

Thanks for this. I'll action as above.

The reason I thought it had been sold was because Manchester Uni said it was being handled by a 3rd party (STA International) and communication has been coming from STA Unify who market as 'Debt collection'. Though you're right, they liase with the University before accepting or rejecting an offer.

Also I can see they responded to a 40% F&F offer accepting it last year which I totally missed until now. Do you think I should pay that if I can still get the offer?

Edited December 28, 2023 by yorkshire_lufc

[dx100uk]

why give a discount? make you think there's something wrong here somewhere does it not?

claimform says STA legal not unity.

 

 

 

[yorkshire_lufc]

Thanks DX. I am doing the form now.

I have a question.

For the middle part am I right in deleting everything apart from

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1: the agreement/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 attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.  

As I don't see any of the other 5 things mentioned in the particulars of the claim.

Also can this be sent 2nd class or must be it be sent signed for 1st class?

[jk2054]

signed for so you know they got it imo

[yorkshire_lufc]

Thanks. This has been sent.

33 days from the issue date is January 20th. I imagine i ideally wait until they respond before filling a defence or if they haven't by the date then mention it as part of my defence?

[dx100uk]

yes jan 20th

i notice from looking at the claimform you've not, despite what the instructions here said, typed out the particulars of claim in full verbatim, but used some kind of abridged version.

please type the POC out here and i'll move it to that post.

dx

[yorkshire_lufc]

1. The Claimant’s claim is for the sum of £3270.44 being monies owed by the Defendant for Accommodation fees
2. The Claimant duly rendered an invoice to the Defendant totalling £5018.00
3. The Defendant has made partial payment leaving the sum claimed in paragraph 1
4. Claimant is entitled to interest on the outstanding balance since it became due to today in the sum of £572.01
AND THE CLAIMANT CLAIMS
1. The sum of £3270.44 pursuant to the paragraphs above
2. Interest in the sum of £572.01 pursuant to the paragraphs above
3. Further interest at a rate of 8% per annum pursuant to Section 69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.72 until judgement or sooner
4. Costs and court fees.

 

[yorkshire_lufc]

Hello all,

The due date for a defence is coming up this weekend. I've still heard nothing back from STA from the CPR. Any tips on what to do next?

[AndyOrch]

Post up a copy of your draft defence what you have so far ?

[yorkshire_lufc]

In the end I have reached a F&F settlement agreement with the University.

Do I still need to file a defence? If so is something along the lines of:

This debt has been cleared with an agreement to settle the matter between myself and the University, as confirmed by <name of Paralegel> at STA Legal on 18/1/24.

Edited January 18 by yorkshire_lufc

[dx100uk]

well done.

the uni should send either a tomlin consent order for you both to sign to go before the judge

or send an N279 and discontinue the claim.

so is it a tomlin?

[AndyOrch]

20 hours ago, yorkshire_lufc said:

In the end I have reached a F&F settlement agreement with the University. Do I still need to file a defence? 

How and when was this agreed ?

[yorkshire_lufc]

It was agreed via email with STA Legal who got the Universities approval to agree the pay off yesterday

[AndyOrch]

Have they forwarded any evidence they have informed the court ?

[yorkshire_lufc]

I paid this AM and requested the information.

[AndyOrch]

On 18/01/2024 at 14:40, yorkshire_lufc said:

Do I still need to file a defence? If so is something along the lines of:

This debt has been cleared with an agreement to settle the matter between myself and the University, as confirmed by <name of Paralegel> at STA Legal on 18/1/24.

Then I would go a head and file the above before 16.00 today...you have no assurance that the court has been informed and the claim stayed/settled.

[yorkshire_lufc]

Thank you. I've just gone to do it but when I login to my money claims account it has disappeared and only says:

Your money claims account

Make a new MoneyClaim

Contact us for help

 

[AndyOrch]

Email it to MCOL then you have proof ...just in case

[AndyOrch]

See post#2

 

[yorkshire_lufc]

Thanks Andy. Which email address should I send it to? Should it be the [email protected]  ??

Edited January 19 by yorkshire_lufc

[AndyOrch]

[email protected] 

State defence in your header and claim number