University County Court Summons***Settled by Tomlin Order***

[NORTHERNGUY]

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...

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

please fill this out

and paste the results here

 

 

dx

[NORTHERNGUY]

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.

[dx100uk]

really so the claimant is the college itself..blimey that's a first.

 

 

ok ack the claim on the MCOL site after creating a username

then

defend all

leave juris unticked.

 

 

dx

[NORTHERNGUY]

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..

[dx100uk]

well get the basics done

you must defend all else its a CCJ by default

whatever he does.

[dx100uk]

can we see the POC from the claimform please

[verbatim minus pers info]

 

 

dx

[liamuk]

error

Edited March 12, 2015 by liamuk
error

[NORTHERNGUY]

Please find attached - see what you think.

[dx100uk]

cant see how they are out of pocket

you quit the course because funding failed

you paid for you time there

 

 

is was not a pre financed course

so they lost nothing.

 

 

dx

[liamuk]

apologises jumped in.

[honeybee13]

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?

 

Hello there. I thought northernguy was helping?

 

HB

[NORTHERNGUY]

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?

[dx100uk]

have you ack'd the claim

why cant you use MCOL?##is there now password in the information box?

[NORTHERNGUY]

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..

[dx100uk]

aha one of those eh!

 

 

hang on

[dx100uk]

understand now

 

 

there are a couple of thread here where Salford has been used

 

 

dx

[NORTHERNGUY]

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?

[dx100uk]

yes its the same process defend all

 

 

Friday 13th april defence must reach them.

[NORTHERNGUY]

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

Edited April 9, 2015 by SabreSheep
formatted

[SabreSheep]

ok Keep what you have typed there safe, whilst not suitable for the defense it will make a good base for the witness statement.

 

Your defense is based on their poc

 

So

 

your defense would be in this format. (Ignore the content, wait for others for content suggestions)

 

1. Paragraph 1 is denied on the basis that Tuition was not provided to the defendent XXX - XXX. The defendent puts the claiment to strict proof that tution was provided between XXX and XXX

 

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

 

3. Paragraph 3 is accepted as the defendant wrote on XX and XX

 

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. Statement of truth.

 

You send a copy to both court, and the claimant. Send recorded delivery and keep proof of postage and receipt with your copy.

[NORTHERNGUY]

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

[NORTHERNGUY]

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?

[Andyorch]

Can you type out the particulars (verbatim) NG....impossible to cross reference without them side by side.

 

Andy

[NORTHERNGUY]

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.

Edited April 11, 2015 by Andyorch
Formatted and paras added