Student Accommodation CCJ

SophieAmanda

I'm not entirely sure if this is in the right section so please let me know if not.

Here is my current situation:

Since I left University after my first term in 2012 I have been paying £10 per week to the University to pay the accommodation fees for the whole of that year. According to the University I was liable to pay for the whole year, even though I only stayed in the accommodation from September to December.
After this I have been both in full time work and on job seekers allowance and so have been able to keep up with the repayments without issue.
Since September of this year I have been a mature A-Level student at NCN as I was hoping to go back to a University. However I was informed by the job center that due to this I would not be eligible for Job Seekers Allowance any more.
Due to money I had saved and a tax rebate I received from when I was in full time work, I was still able to keep up with the repayments.
I had even contacted the University in October 2014 when I was struggling to make the payments (before I got the tax rebate which was around February 2015) and they agreed to stop the repayments until 2015. As soon as I got the tax rebate I emailed them to restart the payments.
However around April/May 2015 all of my money had run out. I also have a phone bill and a credit card to pay for (which my mum is helping me out with now.)
The University emailed me to state they had been unable to take the payments, I replied to them detailing my situation and asked them what my options were and if it would be possible to postpone the payments like we had previously.
I did not receive a reply from them at all. No email and no letters. Admittedly I did forget to chase them up as I have had exams throughout May/June and some personal/family matters that took priority.
On the 18/06/15 I received a letter from Freeths Solicitors, contacting me on behalf of the University stating that I must pay them the full amount owed (£1956.80) by 22/06/15 or they would take court action against me.
I have a few questions about this and I am very shocked this has happened.
Firstly should the University have informed me that they were going to pass this debt onto their solicitors? I find it extremely unfair that I wasn't given a warning or a chance to talk to them regarding this. As I said before I emailed them detailing my situation and received no reply.
Is there legally a set amount of time that the solicitors should give me to make the payment to them? As I don't think that Freeths have given me anywhere near enough time to respond to this letter. The date on the letter is 15/06/15 which is a week, but I still don't feel that this gives me adequate time, especially when the debt is nearly £2000. If it were for a smaller sum then my parents would be able to help me. Unfortunately due to the amount they are not in a position to help.
I have emailed Freeths and received no reply. I also called them and no-one picked up the phone, which I find rather strange. Do they legally have to reply to my query to them? I have told them much the same as I told you and asked id there was any way an arrangement or agreement could be made.
The due date for me to make this payment to them is this coming Monday. They do not open on weekends so there is no earthly way for me to contact them now. I assume if I do manage to contact them on Monday it'll be too late. I only received the letter on Thursday and since they have ignored my communication I don't know what more I could do?
I also would like to know what will happen when they take it to court? I used to work for Experian so I understand what a CCJ will do to my credit report. But will I have to actually go into court?
What will happen if I cannot make any payments towards the CCJ? Unless I get a job very soon this is the most likely situation for me as I have nothing in my bank account and no income.
Will the court take any further action against me? I don't have any assets and I don't believe they can repossess any of my parents belongings?
I would like to know if I have any grounds to appeal this? As I wasn't informed by the University they would be doing this to me, as if I were I would have tried to sort this out with them.
This whole situation has left me feeling completely stressed out and very anxious as I know that at this moment in time there is honestly no way I can make even the smallest payments towards this debt.
Any advice you can offer me would be wholeheartedly appreciated.

Voyager2002

I am confident that the "solicitors" who sent you that letter are actually debt collectors.The deadline they set is arbitrary, designed to concentrate your mind. Once they know that you do not have any money with which to pay them, they will not waste their own money on court fees.

Read more on this forum about ways to handle debt collectors.

SophieAmanda

Voyager2002 wrote: »

I am confident that the "solicitors" who sent you that letter are actually debt collectors.The deadline they set is arbitrary, designed to concentrate your mind. Once they know that you do not have any money with which to pay them, they will not waste their own money on court fees.

Read more on this forum about ways to handle debt collectors.

I see your way of thinking there, but unfortunately they definitely are Solicitors. I've checked on their website and Freeths definitely are a law firm. Though I'm still hoping you're right and they realise taking me to court will be a waste of their time!

andyfromotley

Are you able to offer a reasonable repayment plan? Write to them and offer them that. Don't phone them, just write to them.

Aquamania

SophieAmanda wrote: »

I'm not entirely sure if this is in the right section so please let me know if not.

Here is my current situation:

Since I left University after my first term in 2012 I have been paying £10 per week to the University to pay the accommodation fees for the whole of that year. According to the University I was liable to pay for the whole year, even though I only stayed in the accommodation from September to December.
After this I have been both in full time work and on job seekers allowance and so have been able to keep up with the repayments without issue.
Since September of this year I have been a mature A-Level student at NCN as I was hoping to go back to a University. However I was informed by the job center that due to this I would not be eligible for Job Seekers Allowance any more.
Due to money I had saved and a tax rebate I received from when I was in full time work, I was still able to keep up with the repayments.
I had even contacted the University in October 2014 when I was struggling to make the payments (before I got the tax rebate which was around February 2015) and they agreed to stop the repayments until 2015. As soon as I got the tax rebate I emailed them to restart the payments.
However around April/May 2015 all of my money had run out. I also have a phone bill and a credit card to pay for (which my mum is helping me out with now.)
The University emailed me to state they had been unable to take the payments, I replied to them detailing my situation and asked them what my options were and if it would be possible to postpone the payments like we had previously.
I did not receive a reply from them at all. No email and no letters. Admittedly I did forget to chase them up as I have had exams throughout May/June and some personal/family matters that took priority.
On the 18/06/15 I received a letter from Freeths Solicitors, contacting me on behalf of the University stating that I must pay them the full amount owed (£1956.80) by 22/06/15 or they would take court action against me.
I have a few questions about this and I am very shocked this has happened.
Firstly should the University have informed me that they were going to pass this debt onto their solicitors? I find it extremely unfair that I wasn't given a warning or a chance to talk to them regarding this. As I said before I emailed them detailing my situation and received no reply.
Is there legally a set amount of time that the solicitors should give me to make the payment to them? As I don't think that Freeths have given me anywhere near enough time to respond to this letter. The date on the letter is 15/06/15 which is a week, but I still don't feel that this gives me adequate time, especially when the debt is nearly £2000. If it were for a smaller sum then my parents would be able to help me. Unfortunately due to the amount they are not in a position to help.
I have emailed Freeths and received no reply. I also called them and no-one picked up the phone, which I find rather strange. Do they legally have to reply to my query to them? I have told them much the same as I told you and asked id there was any way an arrangement or agreement could be made.
The due date for me to make this payment to them is this coming Monday. They do not open on weekends so there is no earthly way for me to contact them now. I assume if I do manage to contact them on Monday it'll be too late. I only received the letter on Thursday and since they have ignored my communication I don't know what more I could do?
I also would like to know what will happen when they take it to court? I used to work for Experian so I understand what a CCJ will do to my credit report. But will I have to actually go into court?
What will happen if I cannot make any payments towards the CCJ? Unless I get a job very soon this is the most likely situation for me as I have nothing in my bank account and no income.
Will the court take any further action against me? I don't have any assets and I don't believe they can repossess any of my parents belongings?
I would like to know if I have any grounds to appeal this? As I wasn't informed by the University they would be doing this to me, as if I were I would have tried to sort this out with them.
This whole situation has left me feeling completely stressed out and very anxious as I know that at this moment in time there is honestly no way I can make even the smallest payments towards this debt.
Any advice you can offer me would be wholeheartedly appreciated.

Why did you leave university after the first term?

Which university was this?

This doesn't sound like it was university owned property, but rather property owned/mamged by a third party (which may or may not be in partnership with the university)

The creditor can apply for a CCJ any time after they consider a debt is due more than 28 days. Whether or not you can pay anything at present (which a judge will decide if necessary) will not influence the decision to summons you.

If they don't gop for a CCJ, then the debt may become statute barred if you ignore it long enough. A CCJ is not subject to the limitations act.

You won't need to attend court if you do not intend to defend the claim. What basis would you plan to defend the claim? You appear to have already accepted it by making some payments. Claiming you can't afford it is no defence in law.

Presumably as you are attempting to improve on your qualifications, you hope that one day you will get a job, a not too badly paid job. You can repay then if necessary. As I said, once a CCJ is obtained, there is no time limit to recover the debt.

You will probably need to attend court if you do want to claim you can't afford to pay a penny (or actually a repayment plan the creditor accepts) towards this debt. The judge will then look at all the evidence you provide and tell you what you can afford to pay.

Why not try the Debt Free Wannabe board here, and save yourself a lot of stress and possible embarrassment. They help a lot of people understand how they can repay their debts when the poster originally believes they can't afford to pay a penny

tomtontom

I speak with Freeths several times a week, and have never had a problem with them not answering the phone. Ring the switchboard number, they'll put you through to someone that can help.

pvt

Read this with sympathy until I got to the bit where you say you have a phone bill to pay.

You're unable to pay off debts you owe, but have a phone on contract.

Are your priorities correct?

cifpower

Voyager2002 wrote: »

I am confident that the "solicitors" who sent you that letter are actually debt collectors.The deadline they set is arbitrary, designed to concentrate your mind. Once they know that you do not have any money with which to pay them, they will not waste their own money on court fees.

Read more on this forum about ways to handle debt collectors.

They are an actual solicitor firm in Leicester. They are the firm my company employs and I am regularly paying them!

They are very easy to talk to so I would call them and speak to a human. If they receive no contact they will follow through with what they say in their letter.

SophieAmanda

I took out the contract 2 years ago when I was in a full time well paid job. That job ended due to medical reasons I'm not prepared to go into.
I cannot cancel the contract without having to pay a large amount of money which I obviously do not have.
This debt was never an issue for me before this week as I have always kept up with the payments before.
It's only becoming a problem now because of the action the university is taking after ignoring emails from me explaining my situation and asking what steps I could take with them.
So I wouldn't say I need to look at my priorities.

SophieAmanda

Aquamania wrote: »

Why did you leave university after the first term?

Which university was this?

This doesn't sound like it was university owned property, but rather property owned/mamged by a third party (which may or may not be in partnership with the university)

The creditor can apply for a CCJ any time after they consider a debt is due more than 28 days. Whether or not you can pay anything at present (which a judge will decide if necessary) will not influence the decision to summons you.

If they don't gop for a CCJ, then the debt may become statute barred if you ignore it long enough. A CCJ is not subject to the limitations act.

You won't need to attend court if you do not intend to defend the claim. What basis would you plan to defend the claim? You appear to have already accepted it by making some payments. Claiming you can't afford it is no defence in law.

Presumably as you are attempting to improve on your qualifications, you hope that one day you will get a job, a not too badly paid job. You can repay then if necessary. As I said, once a CCJ is obtained, there is no time limit to recover the debt.

You will probably need to attend court if you do want to claim you can't afford to pay a penny (or actually a repayment plan the creditor accepts) towards this debt. The judge will then look at all the evidence you provide and tell you what you can afford to pay.

Why not try the Debt Free Wannabe board here, and save yourself a lot of stress and possible embarrassment. They help a lot of people understand how they can repay their debts when the poster originally believes they can't afford to pay a penny

I left the University partly due to the fact I was not enjoying my course and realised the degree was not something I would ever use.
Partly because it was really affecting my health also.
It was Nottingham Trent University at their Brackenhurst campus. As far as I know the accommodation is owned by the university as it was directly on their campus and all communication went to the University's financial department, specific to that campus.

Can the judge decide that I need to pay the money but not enforce it until I have an income? Or do you think they would enforce it regardless?
I do not intend to defend the claim as if I had the money I would happily be payin the debt right now and wouldn't be in this situation.
I am looking for a job yes, I have just not had much luck recently, I'm not one of these people who plans to live off benefits their whole lives, I'm just stuck in a bad situation at this time.
So just to clarify what you're saying, because at the moment I don't have any income or any assets that could be claimed to pay the debt, it could have the CCJ but not be made to pay until j did have an income? I am planning on getting a job ASAP as the only reason I'm worried about this is because I currently have no income to pay it. As soon as I do I will happily make any payments the court wants me to.

Thank you for your advice, I will have a look at that board and see if it's of any help 😊

Voyager2002

SophieAmanda wrote: »

Can the judge decide that I need to pay the money but not enforce it until I have an income? Or do you think they would enforce it regardless?
I do not intend to defend the claim as if I had the money I would happily be payin the debt right now and wouldn't be in this situation.
I am looking for a job yes, I have just not had much luck recently, I'm not one of these people who plans to live off benefits their whole lives, I'm just stuck in a bad situation at this time.
So just to clarify what you're saying, because at the moment I don't have any income or any assets that could be claimed to pay the debt, it could have the CCJ but not be made to pay until j did have an income? I am planning on getting a job ASAP as the only reason I'm worried about this is because I currently have no income to pay it. As soon as I do I will happily make any payments the court wants me to.

Thank you for your advice, I will have a look at that board and see if it's of any help 😊

Yes: that is exactly what happens. The judge will look at what money is available to you and what you need to spend for essential living expenses, and set an amount that you must pay each month. In your situation that amount is likely to be very low, so low that the creditor would not bother going to court if they know your financial situation (particularly since interest is frozen). Therefore it is essential that you give the court accurate and complete information about your finances, and I suggest that you attend in person so that you can answer questions and explain things fully.