Appealing against a CCJ

myright

I have recieved a CCJ against me by the University.

Reason: Not paying the tutition fees in 2006 when I graduated

My argument: at the time I did my degree, the tutition was paid by the LEA (local education authority). At the beggining of each academic year, we have to fill a form to be eligible for tuition fee. I filled that form and passed it. So I could study from 2005-2006 when I graduated after my final year.

After 2007 the LEA re asseedd my application form and realised 1 of the supporting docs (i.e family income) I gave them was the wrong one and asked me to send them it again. Which I did and am still able to do so now. Now the LEA are claiming they never recieved the form. Therefore took the tuition fee off the uni. Therefore means I am in debt to the uni of excess of £1100.

Now I have got a CCJ against me which I feel I need to appeal against.


I have 3 questions in regards:
1) Is it worth appealing against? (the uni have told me it’s most likely I would lose, as they have sent me numerous letters demanding the payment. Despite me claiming that I did send the evidence to the LEA, I cant prove that)
2) Would I need a lawyer to represent me? Would that be covered by legal aid?
3) I checked for debt solicitors and they charge £200 an hour and I can no way afford to have legal representation. Is it possible to represent myself?
Thanks for any info.

p.s i graduated in 2006 and at the time the LEA paid the tuition fees for us.

myright

bump for advice please

myright

is there nobody with any advice here?:(

Tixy

Hi

It is sometimes possible to get a CCJ set aside if you can prove you did not owe the money. Or sometimes if you didn't get the court papers.

Did you get the court papers before the CCJ was granted? Did the Uni have your current address (to send the papers to)?
When they sent previous demands for payment did you reply to them or ignore them?

To defend a CCJ or to get one set aside should not need a lawyer. If it comes to appearing in court thee are some posters on here who are experienced in such matter and can give you advise.

Having a CCJ will affect your ability to get credit and for certain industries can affect your employment (principally financed related jobs).

Here is a factsheet that may be useful http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court it does cost to apply for a judgement to be set aside so you would need to be relatively confident that you would win before undertaking it.

Oh and the uni would say you would lose so I wouldn't pay too much attention to them. Its the facts that will stand up in court (or not).

myright

Well the uni did send me letters a few years ago about the situation, that's when I contacted the LEA (who don't have any inof on it). Then they started to send letters to my sisters house for some reason, which I didnt have no knowledge about (technically).

Anyway the uni then sent me a few letters in feb of this year in regards to the situation to my parernts house where I live. I did try to call the finance officer who was dealing with my case at the uni 3 times of so in march, which I never got hold off her. Despite her leaving me messages on my mobile to call her at a particular time and she was never there to take my call. I can prove this by my phone Bill, that I did call the university at that time.

I did recieve court letters in regards to the situation in May time. I didnt understand it so therefore I called the court to be greeted by a very dismissive person on the phone. She told me theres nothing I need to do about the sitiuation. Which now I understand was incorrectr info. I can again prove I called the court in may by my phone bill.

DarkConvict

Receiving bad advice from the court directly is unlikely going to allow you to get the CCJ set aside even if you had proof (phone recorded), as far as the court is concerned you received the papers and did not attend court, therefore admitting the money is owed.

Yes it will be on your credit file for 6 years, thus affecting the ability to get credit, jobs and renting, for those that require credit checks. CCJ is very serious, its more than defaulting on agreements i.e. no paying a loan/card for several months and them terminating the agreement. CCJs also means they can use bailiffs to collect money, so you need to get the CCJ set aside asap.

I Would as Tixy suggested, go down the route that you had sent of the documentation and had contacted them several times, to prove the money was not owed. Whilst you were oblivious to the court process you are confident the money was not owed and provided proof of this, and was waiting on them to process the information. There was nothing more you could do, and had acted on all of there requests for information. You sent of documentation when asked, and rang them at the agreed times. The debt was in dispute and never should have gone to court.

myright

thanks for the advice.

How do I explain not responding to the court letters sooner? do I need to write that in the appeal form aswel?

p.s I have rewrote my Opening post, more clearly with more information.

myright

just bumping this thread up for more info

DarkConvict

Not responding sooner is going to be a tough battle, you got the documents and were given a time limit to respond in. It is not something I can see you winning out of ignorance of the court procedures.
This is where other organisations like CAB, NDL, other advice services or solicitors come in if you are unsure of how to proceed.

You need to speak up and say that no money is or was ever owed, and you provided this documentation already. You should be able to dispute the CCJ on these grounds.

Send 10past6 a PM and see if 10past6 can offer advice,

myright

thanks for the info mate. I have sent him a pm.

so on the form to set the decision asied. do i need to just write i have sent the proof docs and assumed they had sorted it. therefore dont need to owe the money? nothng elese?

DarkConvict

Its never so simple, you need a good reason for it to be set aside.

In all reality whether you sent the documents or not, you should have taken action when the court papers arrived.

This is why i am recommending you get advice from people we know can provide good answers.
National debtline or CCCS maybe able to help to, but you need to ensure you take the right steps from here, and i honestly can't tell you what those are given my level of experience.