Help Needed with ccj debt

Paul000

Thanks again for the reply,

the credit agreement is between us and OUSBA, they provide the credit, when signing up for a course with the OU they pay the OU and you pay them, therefore, upon cancelling, the OU pay back OUSBA.

What happens if a course is already underway is that you still have to pay for the course but depending on how far through it you are determines how much you can carry over to use on another course...

...this raises another issue. As she's defaulted with OUSBA, no further credit will be granted, meaning that the money they say you can transfer, is effectively useless.

Now just going back to my earlier post, they are disputing the cancelling of one course (Course A, £225) which we argued we owe nothing as was cancelled prior to the start date.

Course B (£829) had just over £200 paid before cancelling, leaving us with the figure of £615 on the default notice. Due to being 6 weeks in to the course we are liable to pay the remainder of this and can transfer 60% of it to another course, however like i said, this is useless as due to the fact that they have not sent any letters to us (despite claiming otherwise) the account is in default.

So :mad: all in all, I summise that should they be able to provide copies of the signed credit agreement, we should pay the £615, not the £1249 as they say.

Surely though, if we never signed and returned a credit agreement with OUSBA then we owe nothing as we never agreed to their terms.

DarkConvict

I see, i didnt realise OU was done like that.
What proof do you have you cancelled the course, did you send a recorded delivery letter? I can see your problem as they never sent you any letters at all you have no proof of cancellation or the default.

Try giving national debtline/CAB a call, they might be able to suggest something else. If it ends up in court you will just have to put your case forward, saying you feel you only owe £615 based on the facts presented. Cancelled course A and paid for course B pro-rata on attendance.

As they actually sending and receiving letters now?
I still can only think they have the address wrong as the CCJ would be a court summons sent to your address, given by the creditor.

Paul000

Yes somewhat unsurprisingly we are now receiving mail from them without problems. Nothing sent recorded delivery from us, it was all either telephone or email.
Spoke to CAB who referred us to local law firm (for free) who told us to get back to him when we heard back from OU + OUSBA + Solicitor for them, which we now have, so after the Easter break I will give him a call.

Just a lot of hassle and it's grinding us down a bit. Fighting a losing battle is what it feels like.

Paul000

Can someone please give me an idea of where I stand should they be unable to provide a copy of the signed credit agreement.

RAS

You seem to be going round in circles.

Why not do a Subject Access request on OUSBA and then you can get copies of the correspondenece they claim they sent?

Paul000

ok, cheers for the advice, could you tell me what that is and how I go about doing it please