No just the statement showing the payments by standing order. But a SAR should show me all this information...

Couldn't i ask Cap one to amend the credit file to confirm payments being received then?

I was going to ignore Cabot and carry on paying as we have...but I'll send them a CCA request and CAP one a SAR request.

Yes I have. Not a usual credit card statement - but a summary of all payments received to date. We didn't ask for this,it just came a few weeks ago.

Also our bank statement showing the monthly payments and the card number as the reference.

Letter only came last night.

I will send the cca request to cabot and i think i should see what charges have been added as well over the years by Capital one?

What about the fact no payments have been registered on the credit file and its constantly showing default?

Yes that came through with letter informing us of the change.

Not happy though,as the standing order was set up last year with a monthly payment of x which has not been reflected even on the credit file.

Where do we stand with capital one and a old debt being paid by standing order every month..

* we set up payment by standing order as they weren't helping..since payments were made they were quiet

*credit file shows no payments and just monthly default updates

* now had a letter saying debt sold to cabot and pay them not us

Any advise guys?

Just to update. They came back with a good defense and a offer of a tomlin order...so I told him he'd be better to accept to avoid a CCJ with all the costs included.

End result is 50 pound a month/ £1000 settlement. It was either that or potentialy £2k ccj.

Thanks for your help guy's.

I'm back for more help please. My friend has a hearing date and I want to help him prepare for it.

Basically as I understand a signed statement. I have searched around and can't see much like we need but was thinking of something along these lines and attaching our original defense to it....basically trying to give a brief timeline...

I XXX make this statement as my defense brought by city college Southampton.

Documents supporting the claim in the particulars have been provided stating the course was started on the 9th November 2012.

Value of tuition fees are given as £1800.00 and fees paid as £225.00 on the enrollment form. Court claim form given as £1350.00 unpaid tuition fees.

Amount claimed is £1589.38 excluding court fee.The above have some what confused me as to what the true figure is.

• When I joined the course I informed reception and my tutor xxx xxxxx I was in the process of applying for student finance and if this was not successful I would not be able to carry on with the course and fees.

•I was advised to pay as normal and once the finance option was finalized this would be fine

•I made payments on 12th November 2012 £225.00, 24th December 2012 £225.00 totalling £450.00. Claimant has specified only £225.00 has been paid with no date given.

•I informed my tutor and reception on the 4th January 2013 I would not be able to carry on with the course as my finance application had been refused. I was advised to make in writing and emailed at 10.06am to:enquiries@southampton-city.ac.uk on the 14th January.

•I then heard no more and moved to London in 2013

•I received a call and sent an email outlining my position once again on 29th April 2013 with my new address and not received any reply once again. The call was from the ex-tutor.

•The first I have heard from the college is the county court summons sent on the 12th March 2015. No pre action protocol letter from the claimant until court summons was received

Without clarification of the points raised above I the defendant am extremely disadvantaged and the claimants claim appears to be with out merit. I XXX believe the above statement to be true and factual to the best of my knowledge

*attached copy of emails

* Original defense

"I believe that the facts stated in this are true."

Signed xxxxx

Date xxxxx

What do you think guys?

He doesn't want a county court judgement - but also feels he should pay the full amount stated?

Thanks very much for your help Andy - I'll see how we get on.

Thanks for your help and agree its more damage limitation than anything else.

Okay got that...point 4 of the T&Cs is very concerning....basically he accepts liability should any support of finance not be agreed....have we got anything documented with regards the the enrollment would be subject to student fees being successful...I note he informed the receptionist and tutor...verbally?

Nothing documented - well he has 2 emails sent on 16th January 2013 and 16th April - no replies from the colleage though. The email on the 16th January confirms what he had said verbally at the beging of January.I have a couple of queries though:1* they say he has only made 1 payment - its actually 2 from his bank account2* This was not sent to a debt collector or any pre-court warning letterNot sure if the above makes any difference though.

Yes I had uploaded in post 9.I'm not the defendant - its my friend - and I had said if need be I will go to court with him as he's not confident.

Thanks Andy -

particulars of claim are..

1 - The claimant claims £1350.00 for unpaid tuition provided by the claimant to the defendant, full details have been provided to the defendant(s) as per the following:debt - issue date 9.11.12 - amount £1350.002.

2 - The claimant's terms of payment are that payment is due as indicated above

3 - The claimant has complied with sectionns lll and lV of the civil procedure rules practice direction relating to pre-action conduct

4 - The claimant also claims interest under section 69 of the county courts act 1984 at 8.00% per annum from the date of each and every invoice to the date hereof calculated at £239.38 and thereafter at the rate of £0.30 per day until judgement or earlier payment.

Thanks Sabresheep

- can you guy's have a look at the below and let me know what you think/or add any extra?

 

 

1. Paragraph 1 is denied on the basis that Tuition was not provided to the defendent from January 2013 until 2nd May 2014.

The defendent puts the claiment to strict proof that tution was provided between January 2013 until 2nd May 2014

 

 

2. Paragraph 2 is denied. The claimant is put to strict proof to show how the defendant entered into the terms.

 

 

3. Paragraph 3 - should this not be denied as the claimant did not issue pre-action conduct?

 

 

4. Paragraph 4 is denied for the same reason as 1 and 2 and therefore the claimant is entitled to no relief what so ever.

 

 

5. I believe that the facts stated in this defence of particulars of claim are true signed xxxxxx dated xxxxxx

does the above look ok guys - or should I be adding anything?

Thanks Sabresheep

- can you guy's have a look at the below and let me know what you think/or add any extra?

1. Paragraph 1 is denied on the basis that Tuition was not provided to the defendent from January 2013 until 2nd May 2014.

The defendent puts the claiment to strict proof that tution was provided between January 2013 until 2nd May 2014

2. Paragraph 2 is denied. The claimant is put to strict proof to show how the defendant entered into the terms.

3. Paragraph 3 - should this not be denied as the claimant did not issue pre-action conduct?

4. Paragraph 4 is denied for the same reason as 1 and 2 and therefore the claimant is entitled to no relief what so ever.

5. I believe that the facts stated in this defence of particulars of claim are true signed xxxxxx dated xxxxxx

Could you have a look at the below?

I am helping my friend with his defence - he's dug his head in the sand and i've just come back off holiday..

Claim date is 12th March - so defence has to be in by Monday 13th April by my reckoning.Here is what i am thinking - what do you guy's think?

I XXX make this statement as my defence brought by city college Southampton.

Documents supporting the claim in the particulars have been provided stating the course was started on the 9th November 2012.

Value of tuition fees are given as £1800.00 and fees paid as £225.00 on the enrolment form.Court claim form given as £1350.00 unpaid tuition fees.

Amount claimed is £1589.38 excluding court fee.The above have some what confused me as to what the true figure is.

• When I joined the course I informed reception and my tutor xxx xxxxx I was in the process of applying for student finance and if this was not successful I would not be able to carry on with the course and fees.

•I was advised to pay as normal and once the finance option was finalised this would be fine

•I made payments on 12th November 2012 £225.00, 24th December 2012 £225.00 totalling £450.00. Claimant has specified only £225.00 has been paid with no date given.

•I informed my tutor and reception on the 4th January 2013 I would not be able to carry on with the course as my finance application had been refused. I was advised to make in writing and emailed at 10.06am to:enquiries@southampton-city.ac.uk on the 14th january.

•I then heard no more and moved to London in 2013

•I received a call and sent an email outlining my position once again on 29th April 2013 with my new address and not received any reply once again.The call was from the ex-tutor.

•The first I have heard from the college is the county court summons sent on the 12th March 2015.

Without clarification of the points raised above I the defendant am extremely disadvantaged and the claimants claim appears to be with out merit.I XXX believe the above statement to be true and factual to the best of my knowledge

so will it still be the same procedure - ack'd and send off saying going to defend and have 14 days from claim date to submit a defence?

only ack'd by sending as there was no password only claim number - also the claim came from Salford not Northampton - not sure what difference this makes.

I had been looking through today and the claimform is different from what I had seen for say bank/credit cards.

Anyway, trying to think of a defence between us is difficult and wondering if anyone had any pointers..

Sorry about that we share a computer and not logged out.

I'm after advise now. I am helping him with the claim. First of all we cant do online - only via post.

Also I have been looking for a defence to base his on - but can't see any as its not a usual claim by a creditor? Any advise anyone?

Please find attached - see what you think.

Cheers DX.

The claim also had a signed copy of his agreement.apart from a couple of emails the talk is only verbal.

I'm wondering how we are going to actually defend..Any ideas. .. his post comes to my flat so that's why I'm trying to help..

Name of the Claimant ? City College Southampton

Date of issue – . 9.3.15

What is the claim for. Unpaid tuition fees

What is the value of the claim? £1705.00

Is the claim for a current account (overdrafticon) or credit/loan account or mobile phone account? course fees

When did you enter into the original agreement before or after 2007? 2012

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. Original creditor recoveries

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? January 2013

What was the date of your last payment? January 2013 (2 payments made)

Was there a dispute with the original creditor that remains unresolved?

I had notified them of my leaving when finance was turned down as unable to pay.

I also notified them when course started that i was applying for finance.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? yes as above.

Not sure if I have in the correct part of the forum.

A friend of mine has received a Claimform from Northampton/Salford for a course started and stopped at the end of 2012.

Date of service tomorrow and received yesterday.

The amount is for £1800. Interest being charged and added at 8% per year.

Brief outline was,

started course and explained he was applying for student finance - and signed paperwork.

Student finance was declined after 2 months

- he had been paying the monthly fee himself but explained he couldn't carry on as couldn't afford.

also explained he was moving back to London due to personal reasons - he gave his new address.

Heard nothing and then a brief exchange of emails end of of 2013 and beginning of 2014.

He explained the situation and never received reply.

First he heard was the county court summons.

He has copies of emails sent.

Can anyone advise how to move forward...

I am going to take my time in writing this reply - so it sounds good. As it makes me so mad balliffs and councils can tell som many lies! and because I am a debtor - I wont win in a reply...

Hence the reason for stating it.

Thanks guys - I have emailed the councilor a moment ago as he has been keeping tabs of late. I have said, I know its my own my fault I went into arrears - but given I was asking for help at the time, I was thrown to the baliffs by the unresponsive council. If I had a reply from the baliffs, with a refund and a truful reply - I ould say fine all done. But does it male it right for the balliffs to lie in a complaint response - because I was wrong not paying on time?

Yes complaint to all involved regarding this sham !

Yes the letter is a sham. As though the baliff company are saying all was correct on there part. I am minded to email my councilor first to let him know I have had a reply then write a email to all - pointing out the lies...