Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Manchester Uni/STA Claimform - old Student Accommodation debt


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 98 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

  • dx100uk changed the title to Manchester Uni/STA Claimform - old Student Accommodation debt

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

Link to post
Share on other sites

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 by yorkshire_lufc
Link to post
Share on other sites

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?

Link to post
Share on other sites

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?

Link to post
Share on other sites

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.

 

  • Like 1
Link to post
Share on other sites

  • 3 weeks later...

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 by yorkshire_lufc
Link to post
Share on other sites

  • 2 weeks later...

I've received a response from STA Legal.

Quote

Dear Sirs,

We are emailing you to confirm that notification has been sent to the Court of Judgment being satisfied, and will therefore be cancelled in due course.

Please allow time for the Court to update their records, in the meantime, please let us know if you have any queries or concerns.

Should I stop at this or should more be done?

Link to post
Share on other sites

I did call. He told me that was the correct email and that I should add Urgent Manager Attention required to the subject and also to get in touch with the claimant to rescind it. Both of which I've done

Edited by yorkshire_lufc
Link to post
Share on other sites

Quote

Dear Mr X,

Please be advised that the Judgment will be set aside automatically where it was paid within the 30 days of the Judgment being obtained.  Considering this, the Judgment will be cancelled and removed from your records as we have notified the Court within 30 days of Judgment being entered.

I received the following reply from the paralegal at STA. Should anything further be done?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...