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Old Claim

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  • Old Claim

    So quite some time ago, in 2012 the university I went to took me to court through Incasso LLO for unpaid tuition fees - although I did not attend the year they said I had enrolled.

    I had contacted Incasso to offer a monthly payment (and left my address, I gave them my new one) before the threat of court action, however the person I was in contact with left the company and I recieved an email saying someone else was dealing with my email. I recieved no further communication with them until a Bailiff from HCE turned up to my address.

    so out of fear I have been paying this off.

    I have since looked at communications about the debt, and decided that really, I wasn't given a chance to defend this claim as it appears Incasso didn't action or look at the previous email, and the company has since gone bust. Also looking at the emails, there was no proof given of any debt that I was owed to the university.

    So I have recently contacted the university asking about it. I have also sent in a Subject Access Request to them to to give proof that I hade enrolled as the last person I spoke to from Incasso who left made it sound like the university had terminated my studies prior to the year they were taking me to court for.

    I have now paid £4,000 to this CCJ. If the university couldn't prove this debt would I have a right to the money being returned to me? Also, if I could prove that Incasso didn't handle my communications very well could The CCJ be set aside, even if it has been over 6 years?

    I think as I was younger, due to the fear of something bad happening I just went along with the whole thing and now I am a bit wiser I am a bit dubious. I'm still paying £50 per month - with £1,800 to go.

    Tags: None

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First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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