Update on Court Today

sgx.saint

I've seen this come up a few times now and I'm a little confused, and a little angry if it turns out to be true.

Let me just past a snippet from a letter I recently sent under legal advisement:-

--

refusal to accept my above offer could be viewed as unreasonable and we would ask the court to consider this matter with reference to the Overriding Objectives. The commencement of legal proceedings under such circumstances could be counter to the ‘Overriding Objectives’ of the new Civil Procedure Rules. You will be aware that the Overriding Objectives underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre−action protocol, the court will expect the parties “to act reasonably…….. in trying to avoid the necessity for the start of proceedings”.
---

As far as I understood it, this applies both to a CCJ or Bankruptcy that if you are making regular payments within your means and the judge can see this, then the CCJ should be set asside and any bankruptcy petition should also be dismissed.

As these are seen by the court as a last resort.

Can anyone clarify?

dexters_mum_2

I've never heard of that sgx.saint...but I too, from what I understand of it, would be interested to learn more...

sanfrancisco

I don't know how much help this is, but I am a student with the OU and I just had a scout round their website and came up with this under FAQ's:

"What if I change my mind?
We hope you don't change your mind about studying with us, but, just in case, we do have a refund scheme for courses worth more than 15 points. Courses that are 15 points or fewer in value will only qualify for a discount if they are cancelled before the course start date.

If you are studying your first course with the OU, you may cancel at any point in the first third of the course and pay only half the fee.

If you are a continuing student or withdraw after the first third of the course, you may be entitled to a discount off your next course with us."

So if she she cancelled very early in the course she should not have to pay the full course costs. I don't know if this might make their claim invalid???

I tried to post last night, but pc kept crashing.

I know it is futile, but try to reassure her that one day this situation will all be gone. Everything pass's and things are never as bad as you think they will be. You sound like a great friend. Stick with it.

dexters_mum_2

Well she cancelled within 2 weeks as they didn't send the materials and she was a first time student.

I could understand it if she had had the stuff, but they didn't send it despite requests, I think this adds a whole new dimention to the situation!

dexters_mum_2

Also...from what I can see, they didn't action the cancellation immediately they drew it out for a few weeks but she did get a response stating all fine and dandy and they looked forward to her rejoining them soon!

Xbigman

You need to get the paperwork from the otherside. If they have just sent through the credit agreement or whatever she originally signed then the judge may view that as watertight before hearing your friends evidence.

Get the paperwork you are supposed to have recieved and check it out, then get back to court. Don't let your friend give up. I don't know if your friend will win or lose but its a matter of mindset as much as anything. Never let anyone do you over without a fight.
Regards



X

THE_LONE_RANGER_4

You Do Not Let The Attitude Of Judge Etc Put You Off Keep Going She May Have An Unfortunate Manner Such Is Life Just Keep Going Keep Putting Your Case Forward Until The Fat Lady Sings

piggeh

I imagine the judge expected they were going to adjourn regardless anyway, so probably seemed disinterested. I wouldnt let them put you off. My judge at my bankruptcy was very rude imo, and seemed to treat me in a patronising manner just because I was young. Yet she still allowed the bankruptcy as per normal. They may seem slightly rude at times but they still get their job done in my experience.

dexters_mum_2

Having spoken to her, she's found a solicitor and spoke to him/her (or might have been a legal exec) on the phone today. They basically said that they other side would have to produce the docs and he/she did prepare her for the fact she may have to pay it too but did say that if she was unable to, then she may be able to pay in installments. They have arranged an appt for her next Tuesday.

I think this is just preparing her for the worst case scenario, I believe she has also rung a company about an IVA, though I would like to know if she could include a CCJ in an IVA as I thought you couldn't do it?

You've all been great, Cath is intending to pop on today or tomorrow- user name chicken_licken, with the bad weather she's not been having much success with her dial up!

To be honest, I was bothered by it earlier but now I'm just happy she seems to be getting some appropriate advice!

joeblack066

About 12 years ago, my husband ran off with my best mate, leaving me with 3 small kids and then I discovered that the multiple sclerosis that he had been 'diagnosed' with for three years was all a lie! I moved, trying to keep my kids and me sane, and was then very seriously ill. In all that, I forgot to renew my TV licence. I had gone from a happily married woman running my own business to a wreck on benefits in 4 months. I got prosecuted for having no licence. The court was awful, and the magistrate treated me like dirt, even tho I had written in to explain my circumstances. So I really empathise with your friend. It did, however, make me determined not to let the b******* get me down, I retrained, requalified, and tho I have debts now (due to another relationship.......aaargh!) I am 10 times the woman I was then! Debs xxxxxxxx