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

[Andyorch]

Many thanks NG....have you uploaded the contract?

[NORTHERNGUY]

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.

[Andyorch]

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?

[NORTHERNGUY]

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.

[Andyorch]

Yes those points can be taken into consideration...as the amount claimed is incorrect...as also there was no Pre action protocol.

 

I think your first attempt of defence is close to the mark...needs a little tweaking...I will take a look shortly and post something more substantial this afternoon.

 

You must appreciate that this may be a damage limitation exercise now but we can ask questions and put the claimant to proof to justify and quantify its losses without any admission of liability.

 

I will post a draft later.

 

Regards

 

Andy

[NORTHERNGUY]

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

[Andyorch]

Particulars of claim......

 

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 Procedureicon 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.

 

#####Proposed Defence#####

 

 

Claimant xxxxxxx In the County Court xxxxxx

 

v

 

Defendant xxxxxxx Claim Number XXXXXXXXX

 

 

1. The Claimants Particulars of claim fails to state a concise statements of the facts and is not a true reflection of any alleged debt, CPR 16.4 (1.a) The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2.It is accepted that I did enroll to the course in question from the date stated (9/11/12) and enrollment was based on my application for student finance.The College was aware that 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 acceptable.It is denied I was in attendance until May 2014.

 

3.My application was unsuccessful to which I informed the tutor and reception on the 4th January 2013 I would not be able to carry on with the course.

I was advised by the College to confirm this in writing and emailed to:enquiries@southampton-city.ac.uk on the 14th January 2014.

 

4.Documents supporting the claim in the particulars have been provided.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 and the amount claimed is £1589.38 excluding court fee.

It is denied that this is a true reflection of any indebtedness as further payments were made in addition to the £225.00, being 24th December 2012 £225.00 totaling payments of £450.00.

 

5. It is denied that the claimant has complied with any Pre Action Protocol section's lll and lV of the CPR...having made no contact since 29th April 2013.

 

6. Save insofar that it is deemed that any contract signed purports to be unfair that enrollment was allowed to proceed on the understanding that the contract relied on Student Financing to complete any agreement, to which the College was fully aware and accepted.

 

7. Therefore the claimant is put to strict proof to disclose its losses and quantify any alleged debt outstanding as per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

STATEMENT OF TRUTH

 

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

 

Signed xxxxxxxxx

 

Dated xxxxxxxx.

[NORTHERNGUY]

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

[NORTHERNGUY]

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?

[Andyorch]

Basically its fine NG...just a couple of pointers.......

 

I would remove the intro......

 

" 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. "

 

Thats irrelevant to your statement...and you make this statement in support of your defence not as my defence.

 

The only attachments should be any referred to within your statement...eg ..." as per the attached emails (see exhibit 1 a) If not referred to dont attach as an exhibit.

 

No need to attach your defence either.

 

I think your closing paragraph needs to be beefed up and stressed and why the claimant should not attain judgment.

 

Just my thoughts.

 

Regards

 

Andy

[SabreSheep]

If he can pay off the full amount then i*IF* he loses he can pay within 24 days (I think its that # of days) and will still not receive a CCJ

 

Obviously things required to be included in any bundle for the hearing would be reciepts/bank statements for fees paid

Copies of emails sent etc

[NORTHERNGUY]

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.

[Andyorch]

Very pleased to hear this NG.......

 

I will amend your thread to reflect the outcome.

 

Regards

 

Andy