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[CCJ Setting Aside] Shakespeare Martineau

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  • [CCJ Setting Aside] Shakespeare Martineau

    Hello everyone,

    I'm new to this forum and new to this experience. Finding this forum has been a Godsend in providing me the direction I need to be thinking and general mental stability. Please please read and assist with my scenario below and offer any advice or assistance you deem fit.

    Background & Context
    In June 2018 I was offered and accepted into the University of Warwick to undertake their Distance Learning MBA programme. By December 2018, I had fallen behind in payments due to two consecutive deaths within my family and generally being destabilised. The rest of the scenario unfolds as such:

    - On 8th Nov 18, I received, by email, a notice from the Fees Committee to propose a payment plan. Two things to note in this email:
    a) that my case would be considered by the University's Ordinance 16 'Payment of Annual Fees, Residential Charges and Other Debts' <https://warwick.ac.uk/services/gov/a...ances/payment/>. This makes no note of enforcements/CCJs etc.
    b) "For taught programmes (undergraduate & postgraduate) your suspension will be effective from the date of the missed payment until your outstanding balance is settled in full. You will then resume your studies at the start of the corresponding term in the next academic year". I considered this to mean if I was to fall behind with payment I would have to pay tuition in full in order to get re-enrolled in Jan 2020 (next academic year).

    - On 4th Dec 18, I submitted a payment proposal

    - On 6th Dec 18, they accepted to receive £2,200 a month until debt was paid. I believed I could pay before "next academic year" as above.

    - On 5th Feb I informed them of change of address. At the end of Feb, I moved out of the UK temporarily.

    - On 29th Mar I received an email from University notifying me of Debt being referred to their solicitors, Shakespeare Martineau.

    - On 23rd May, I made another appeal to the University and they provided the following response: "100% of your fees will need to be paid before you are permitted to return to your studies, therefore £***** will be need to be paid before you start in January 2020." This further reinforced my thinking debt could be held until re-enrolment in Jan 2020.

    - I returned to the UK at the end of July and on 26th Aug 19, I randomly checked my credit file and noted the CCJ. This CCJ was entered in the beginning of June.

    - Therefore, contacted the solicitors on 27th but I never received any correspondence from the Universities solicitors, Shakespeare Martineau. (Note: When I phoned them on 27 Aug 2019, they said they emailed me (never received this) as well as sent a letter to the address I changed with the university.)


    Actions Taken So Far
    - Contacted Shakespeare Martineau on 27th Aug 19 to propose setting aside the judgement and paying the debt. The solicitor handling this case was rather combative and confrontational and did not want to consider any offer or accept setting aside and directed me to make full immediate payment.

    - Contacted many departments at the university to explain my situation and offer to make full payment and ask if they'd then accept to consent order and the setting aside of the judgement. All departments I have contacted so far have been understanding of my situation and accept that they would have supported the consent order but the Finance Department must make the call. On two occasions I have contacted the Finance Department to explain further, however as a matter of "policy" I can only communicate with them on this matter through their solicitor. I've also tried to explain that he would not act/accept unless they instruct them to do so.

    - Used https://www.trustonline.org.uk/search-yourself to find the claim itself.

    - Considering my options and the need to be represented by a solicitor or self represent.

    I do not wish to necessarily dispute paying the money, however the court order has a different amount to the amount confirmed by the University as debt which may include solicitor costs. I'm willing to pay this in full and would like to be able to set aside (not have marked only as satisfied).

    Any advice, support or direction would be appreciated.
    Last edited by b_way; 1st September 2019, 19:09:PM.
    Tags: None

  • #2
    I know its a lot of information to read but any advice or help would really be appreciate here PLEASE

    Comment


    • #3
      Looking at what you say my view is you will have little chance of getting this Set Aside. You should have started the process when you found out about the CCJ not waited until now - remember you have to be prompt and waiting several months after may harm your case. You also admit you owe the money despite making an offer which you later failed to pay.

      Sorry.

      Comment


      • #4
        Hi Ploddertom,

        I probably didnt make it clear in my description.

        The CCJ was issued in June. I found out on 26th Aug (last week). Its thereofore only been one week since noted on credit report.
        I plan to contact the court / business center tomorrow to make it officially recorded that I have requested additional information regarding the judgement.

        Does this change your response?

        Comment


        • #5
          To apply for Set Aside you must show you would have had a reasonable chance of defending the Claim in the first place.

          Comment


          • #6
            Originally posted by ploddertom View Post
            To apply for Set Aside you must show you would have had a reasonable chance of defending the Claim in the first place.
            That's good to know. I checked the amounts on the claim and it is substainally more than was detailed in amounts as owed. This could be grounds to demonstrate reasonable chance of defending the claim?

            Comment


            • #7
              Originally posted by ploddertom View Post
              To apply for Set Aside you must show you would have had a reasonable chance of defending the Claim in the first place.
              To anyone else seeking help or advice, pleaseÂ*persevere. After much research and help, outside of the responses received on this forum, I have successfully defended my case and had my judgement set aside. My credit report is now clean and just been able to purchase a house. Happy to walk anyone through the necessary procedure however its mostly detailed here:Â*https://legalbeagles.info/forums/for...tailed-version
              Despite how negative others may treat your situation, please keep looking for other avenues and pursuing them.
              Best of luck

              Comment

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