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An unfair default?

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  • An unfair default?

    Hi


    I wonder of someone could possibly advise me on quite a serious situation.


    I enrolled on a postgrad course last year. The course fees were to be paid in ‘monthly instalments’ financed via the Uni’s internal subsidiary student finance dept. A credit agreement was signed.


    Approx 6-8 weeks prior to the start date of the course I wrote to the Uni registry informing them that I intended to withdraw from the course as I’d been offered a place on an alternative course at different Uni.


    I thought nothing more and carried on with studies. A few months later I was twice contacted by phone by the Uni’s finance team querying my ‘none payment’ of my fees and once by email by a tutor asking why I was not submitting any assignments. I directed them to my letter of withdrawal and explained that I’d withdrawn from the course. I heard nothing more from the Uni.


    8 months later, having received absolutely no communication from the Uni, I received a solicitor’s letter saying I had to pay £1900 within 7 days or it would be registered at court. I explained the situation to the solicitor; they put the case on hold for 30 days while I forwarded evidence of my withdrawal. No reply from the Uni was received. I contacted the solicitor and informed them of my correspondence. They said they’d chase up the Uni and get back in touch with me. I received no contact from them (and I’m still waiting).


    Last week my credit score changed. I’m now the proud owner of a default for the sum of £1900 on my credit report.


    Surely an organisation can’t issue a default without a informing me that they’re going to issue such a sanction against me and surely they should have issued me with requests / invoices / statements / final demands / ‘threatening letters’ etc.


    The most upsetting fact is that I have recently been refused a mortgage due to an ‘issue with my credit report’.


    I had an ‘Excellent’ Experian score of 967 prior this default.


    The Uni’s actions, unfair and unjust actions in my opinion, have ruined my credit rating and without wanting to sound melodramatic have ruined my future plans – and will probably bar me from gaining another mortgage for a further 6 years. As I’m 40+ this is going to have a HUGE impact on my house buying options due to the time frame of the end of the mortgage / my retirement age.


    I know the internet can’t be 100% trusted with advice but I’ve read on numerous finance sites that they (the financers) have to give a 28 day notice of their intention to issue a default. In fact they've failed to provide any correspondence indicating their attempts to contact me to resolve the matter.


    Is there anything I can do regarding this?


    Any help would be appreciated!


    Thanks
    Tags: None

  • #2
    Re: An unfair default?

    Utterly unreasonable conduct by them.
    You were given no opportunity to remedy the default and what is more, is the Uni have clearly failed abysmally in their own admin and your withdrawal from the course.
    This needs challenging, but as you are probably discovering it isn't necessarily a straightforward fight.

    I'm not online much this week end but will come back to this thread properly on Monday.

    Cel
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

    Comment


    • #3
      Re: An unfair default?

      i would be writing to the uni by recorded delivery asking for a copy of the default notice served under 87 (1) of the consumer credit act 1974

      copies of all pre action protocol letters prior to the issue of the default with the credit agencies

      and an explanation as why they have not acted on your letter giving notice of your withdrawl from the course with adaquate notice

      at the top of your letter put

      dispute pursuant to your complaints procedure, put it in capitals and bold text

      remember

      recorded delivery

      Comment


      • #4
        Re: An unfair default?

        Have you got a copy of the agreement you signed? Did it have a minimum cancellation period term?

        If possible, anonymise, scan and upload it please.

        Or email to admin@legalbeagles.info with a LINK to this thread (so I don't get all lost)
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

        I am proud to have co-founded LegalBeagles in 2007

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

        Comment


        • #5
          Re: An unfair default?

          Hi Celestine

          Thanks for the reply.

          I'm think I'll still have it somewhere, but I'm not too sure. Its been some time since the start of this saga so I'm not 100% of the whereabouts of the agreement. I guess I'm entitled to request copies of any documents from the Uni?

          The gap since me withdrawing from the course until the course start date was around 5-8 weeks. I posted the withdrawal to the Uni between Christmas and New Year 2011. The course started in Feb 2012.

          The time difference between my withdrawal and their notification that I had monies outstanding (which I dont think is legitimate) was approx 9 months! I've received no communication except the 2 phone calls and 1 email - all I answered fully. I have requested documents relating to to their pursuance of the outstanding course fees via their solicitor and I've heard nothing back.

          It's quite a worrying time!

          Thank you for your assistance so far!

          Comment


          • #6
            Re: An unfair default?

            You need to urgently send a Data Protection Act subject access request to the Uni to get all your docs.


            Try and find the agreement if possible. Otherwise we can get it via the DPA sar or CCA request.
            "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

            I am proud to have co-founded LegalBeagles in 2007

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

            Comment


            • #7
              Re: An unfair default?

              Thanks again!

              I'll get a look for SAR letter and get that in the post this week!

              What do recommend I do regarding the lack of requests / comms from them regarding them 'chasing' me for the fees? Surely they should have records of invoices / requests for the fees? Should they have notified me of the impending default being put on my credit report?

              Thank you so much.

              Comment


              • #8
                Re: An unfair default?

                The answers to all those questions should be in the agreement.......

                I've not come across a University Default before, but in principle its a financial lending agreement so should be bound by the Consumer Credit Act.

                Data Protection Act templates here:

                http://www.legalbeagles.info/forums/...ur-information

                You will need to heavily edit the template to make it fit your circumstances. Add extra paragraphs to request agreement/correspondence/T&C's/debt pursuit letters etc etc
                "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                I am proud to have co-founded LegalBeagles in 2007

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                Comment

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