Help Needed Please!

dexters_mum_2

Can anyone advise a close friend of mine please?
She's currently unemployed looking after 2 children after her husband left.

Last year, she applied for an Open University credit account and it was agreed so she could start a course, I am not sure how long the term was or how much it was for.

However, she did not receive what was promised and cancelled the agreement, the OU put a notice on her student page, I have seen this and it says 'Registration cancelled by you on 15th April 2005'.

She heard no more from the OU.

3 months ago, she found out the OU had issued a CCJ, according to her, she had had no correspondance from the OU about this and no information from the court.

She went to her local county court in Wales and they advised her to apply for a 'set aside' judgement(????) and this is happening tomorrow.

She would really like to know what will happen, she tried to contact the solicitor who was named on the court paper which she managed to get hold of but they were really rude to her and said they couldn't help her, they would she her in court and they could get her sent to prison.

She has copies of her student homepage details which clearly say regsitration cancelled but as she has had no OU correspondance to confirm her cancellation but they have obviously applied it, would this suffice in court to get a removal of judgement, especially since she did not receive anything.

She also has major credit problems, will this go against her and what if they decided the other side have the better case, she's really worried and I don't have any advice for her.

Cheers for any help

whatatwit

I think it would depend upon the terms and conditions that she agreed to.

Sorry I know that's not really very much help.

dexters_mum_2

Thanks anyway. just trying to find a definitive answer really as she's been on the phone crying most of the day....

whatatwit

Just to be nosey, how much is the CCJ for?

Has she moved since taking out the OU thingy.

I would have thought, that even if The OU thought that money was owing, then they should have contacted her before going for a CCJ.

rog2

I think she SHOULD go to the court and take a printout of her email, explain the situation to the court, including the 'threat of prison' as this type of intimidation is not only against the guidelines of the Office of Fair Trading, but also ILLEGAL. I am sure that the court will support her.
Just to put her mind at rest - they will NOT send her to prison. You do not get sent to prison for debt in the UK.
If she has time, before going to court, perhaps she could ring CAB, they will reassure her.
The courts are there as much to protect her from illegal harrassment as they are to protect the creditor.
Good luck.
Rog2

dexters_mum_2

OK.
I have been on the phone just now to her and she has given me permission to disclose this info:

CCJ for £640 in October 2005- issued in Milton Keynes
Actual Course Cost: £425

Service for oral examination set for 10th October adjourned until 19 Dec 2006.

This was the first point she had heard about the CCJ.

Course started Feb 2005, no materials received, wrote in March 2005 cancelling course and Student budget account. No correspondence received but on 15th April, student homepage updated with cancellation.

March 2005, Moved out from family home due to break up, moved into rented accomodation and set up redirection immediately, former hubby did pass on letters to her in the interim.

No contact from OU until this point.

Geoffrey Leaver solicitors acting on behalf of OU refuse to provide details of debt, yet have managed to get a CCJ issued?

She went to local court and they gave her the details of the CCJ and advised her to apply to set aside.

This is the point she is at now.

rog2

She should say all of this at the court - it is a pity that it is tomorrow as you need the advice of someone like File_Wizard to explain how the judgement set aside procedure works.
All I can do is reiterate what I have already said;
She should make the court aware that she was unaware of the original CCJ.
She should show any correspondence, including emails, between her and OU.
She should make the court aware of thethreats made by the 'solicitor'.
She should TRY not to worry.

If possible try to speak with CAB before the court meeting.
You could also try a pm to File_Wizard.

Sorry I can't be of any more help.

dexters_mum_2

Thanks, that is really helpful rog2.
I see it as she wrote to cancel, they accepted it and really the OU can't have it both ways.
Fimgers crossed, I am going with her tomorrow to see what happens.

whatatwit

Whilst she re-directed her mail, this service isn't always 100%.

I don't know how the courts operate, but i think her best way forward is to itemise what happened, as you have done above and show this to the courts.

As you put in the opening post that she has credit problems, can you persuade her to seek advice from CAB or even CCCS or PayPlan.

whatatwit

It's good that you are going with her for moral support.

joeblack066

Yes, well done to your friend for telling you, and well done for you for supporting her! Hope it goes well, Debs x