Re eived Court claim

[Couquerer1]

Re: Re eived Court claim

Hi,

Please see attached the t&c's below. This is what they are going to rely on in court.

[R0b]

Re: Re eived Court claim

Hi Conquerer,

I've taken a brief look at the terms, are they claiming the full amount of the course back? If you are able to post up the particulars of claim would that also be helpful to understand what they are claiming for and their reasons.

I'm not sure how far you are with your defence yet, but if you'd like me to look over it before you send I am happy to.

[Couquerer1]

Re: Re eived Court claim

Hi Conquerer,

I've taken a brief look at the terms, are they claiming the full amount of the course back? If you are able to post up the particulars of claim would that also be helpful to understand what they are claiming for and their reasons.

I'm not sure how far you are with your defence yet, but if you'd like me to look over it before you send I am happy to.

Morning R0b,

Will try n post the PoC.

Thanks.

[Couquerer1]

Re: Re eived Court claim

/Hi R0b,

Please find attached POC. Thanks a lot for all your help.

[Couquerer1]

Re: Re eived Court claim

<img src="http://legalbeagles.info/forums/attachment.php?attachmentid=22863&amp;stc=1&amp;th umb=1" attachmentid="22863" alt="" id="vbattach_22863" class="previewthumb"><img src="http://legalbeagles.info/forums/attachment.php?attachmentid=22863&amp;stc=1&amp;th umb=1" attachmentid="22863" alt="" id="vbattach_22863" class="previewthumb">

[Couquerer1]

Re: Re eived Court claim

Hi here is another attachement

[Couquerer1]

Re: Re eived Court claim

Hi here is another attachement

Hi R0b,

could you explain to me please what the UoL means when they say the DCA is their data processor. Are they not trying to protect themselves from liabilty of breaching their t&c's for passing my personal details to DCA without my consent. Surely, a debt collector cannot at the same time be a data processor when it comes to recovering debts or owed money!

please help!!!!!!!

[R0b]

Re: Re eived Court claim

Hi R0b,

could you explain to me please what the UoL means when they say the DCA is their data processor. Are they not trying to protect themselves from liabilty of breaching their t&c's for passing my personal details to DCA without my consent. Surely, a debt collector cannot at the same time be a data processor when it comes to recovering debts or owed money!

please help!!!!!!!

Hi Conquerer sorry, busy weekend. I've taken a look at the particulars and they are not claiming the full amount so I think it might be difficult to argue the amount claimed is not a genuine pre-estimate of loss, but you could still give it a go considering you asked for a deferral 4 months prior to the start of the course, therefore there could simply have been no loss and minimal administration. You could potentially argue as an unfair term but again still a bit wishy washy I think.

As for UoL saying the DCA is the data processor, I'll need to re-read the terms again and see what it says but if they can pass your information on to third parties as set out in the terms (if its there) then they have a right to do so. UoL will be the data controller and the DCA is the data processor as they have permission to use your information. Most contracts and I'm probably sure the UoL allos them to pass your information on to third parties.

Have you started drafting your defence yet - it'll probably need to be spot on and you don't want to rush filing it because if you want to amend it then it will cost you money to do that so it's best to make sure you've got everything covered in one go.

[Couquerer1]

Re: Re eived Court claim

Thanks anyway for taking your time to go through it.

My concern is that UoL never sent me a reminder of unpaid invoice or even a default notice. All they did is pass my details to dca who started writting to me untill I requested them to stop, if they are only data processors and even data controllers surely they don't have the right to write to me threatening court action when in fact they cannot, isn't that misrepresentation by them. If they can why then is UoL making a claim when dca can do the whole job(very confusing).Who exactly am I dealing with?

Can UoL rely on notice of intended court action letter sent by Oriel when it doesn't bear UoL name. It seems am now dealing with 2 different companies playing hide n seek with me.

Also if you look on Cancellation by University- mentions University will cancel place if eligibility criteria is not met. Like you mentioned in previous posts that there could be no binding contract if all conditions are not met. I never gave UoL my results transcript. UoL Also states that it reserves the right to refuse, withraw or cancel an offer of accepted place if selection criteria is not met , which includes non- payment of fees on specified time. How can I go about raising a defence on these points.

Also, I've been in communication with them and they send me a sample copy of process students follow when making an online acceptance. I requested them to send me a copy of it showing my details and box I ticked as proof of my acceptance, they said UoL doesn't keep a copy. Is it something I can also raise in my defence, as I do not remember that process, the sample sent is a 2014 process. How certain can I be that thats the process I followed. Surely, anything can have changed by now?

So the document they are only relying on is one with t&c's nothing with my signature.

Please help.

[R0b]

Re: Re eived Court claim

Have they explained how they have come to the amount they are claiming for? it seems that is less than what the terms stipulate. You can complain that they have failed to follow any of the pre-action protocol procedures and simply initiated legal proceedings. As it is the small claims court you could counterclaim against them for the recovery of the deposit as they have not officially given you notice that the contract is in breach and terminated. The fact that they have now issued proceedings against you is therefore a material breach and you would claim for wrongful termination as a result.

The fact you paid your deposit could constitute an agreement, it does not need to be signed or in writing, your conduct here would be argued as intention to entering the agreement. I don't have a great deal of time over the next week so you I suggest you get cracking on your defence. If you can have something tangible by Sunday I could take a proper look then.

Headings and othe things can be put in later but you need to get your core defence written down. You will need to number each point or argument you make, and it is advisable to have headings such as the parties, the contract, the terms of the contract etc. Here's a couple of example points to start you off:

Contract

1. It is denied that the Defendant owes the Claimant the sums for two unpaid invoices as alleged in the Particulars of Claim or at all. It is also denied that the Claimant and the Defendant entered into a legally binding contract. The Defendant did not satisfy the requirements and therefore no such contract could exist.

2. Except where the Defendant accepted a place, it is denied that the Defendant is liable for any amount amount of the tuition fees in accordance with the Claimant's Terms and Conditions.

Terms of the Contract

3. The Defendant will submit that The Claimant's Terms and Conditions required to the Defendant to satisfy the following criteria before the contract would become binding:

(a) Condition 1
(b) Condition 2
(c) Condition 3

Alleged failure to pay

4. Save as a aforesaid, it is denied that the Defendant is liable to pay the Claimant.