Never got a default notice, now have to go to Small Claims Court for potential CCJ.

Naturepulse

In may last year I resumed an NHS funding course. I applied for the NHS bursary and the money was deposited the next day into my account. I then withdrew from the course in July, I have emails from the NHS Business Services Authority telling me they were aware I'd withdrawn (as my university told them) and there was nothing to say I had to do anything else.

In January I was sent emails and letters from Controlaccount PLC demanding about half of what the NHS had given me. I have never once received any communication or default notice from the NHS Business Services Authority themselves and I still don't know why they think I owe them money. I was then contacted by DWF LLP who have started CCJ proceedings against me. I sent my defence and now I have to return a small claims track form. I don't have the money to pay this back (around £1300). I have received an enclosed form with the small claims form to see if I want to request mediation. I am thinking this might be best because nobody has told me why they think I owe them anything.

Is this enforceable since nobody has told me why I owe any money, the original 'creditor' (if you can call them that for a bursary) never contacted me about anything, as far as I was aware in July everything was settled. What's the best thing to do and what are my chances of winning?

Just_Di

Naturepulse wrote: »

I applied for the NHS bursary and the money was deposited the next day into my account. I then withdrew from the course in July . . .

In January I was sent emails and letters from Controlaccount PLC demanding about half of what the NHS had given me. I have never once received any communication or default notice from the NHS Business Services Authority themselves and I still don't know why they think I owe them money. I was then contacted by DWF LLP who have started CCJ proceedings against me. I sent my defence and now I have to return a small claims track form. I don't have the money to pay this back (around £1300). I have received an enclosed form with the small claims form to see if I want to request mediation. I am thinking this might be best because nobody has told me why they think I owe them anything.

Is this enforceable since nobody has told me why I owe any money, the original 'creditor' (if you can call them that for a bursary) never contacted me about anything, as far as I was aware in July everything was settled. What's the best thing to do and what are my chances of winning?

I think it makes sense to tick the box for the court service's free telephone Mediation.

The Mediator will attempt to get both sides to reach an understanding/settlement which will be legally binding but not a CCJ (unless either party breaches the settlement and then the matter returns to court).

You won't speak with the other side directly, the Mediator acts as a go-between phoning you each in turn (several times if necessary). The Mediation can last up to an hour.

It's hard to make other suggestions without knowing what was agreed at the outset of the bursary and what was put in writing etc. Did you sign a contract of some sort?

Di

Naturepulse

Just_Di wrote: »

I think it makes sense to tick the box for the court service's free telephone Mediation.

The Mediator will attempt to get both sides to reach an understanding/settlement which will be legally binding but not a CCJ (unless either party breaches the settlement and then the matter returns to court).

You won't speak with the other side directly, the Mediator acts as a go-between phoning you each in turn (several times if necessary). The Mediation can last up to an hour.

It's hard to make other suggestions without knowing what was agreed at the outset of the bursary and what was put in writing etc. Did you sign a contract of some sort?

Di

Thank you for the advice. The outset was to reapply for the bursary once I resumed my course. I completed the application form and got an auto email saying my application was being assessed. The next morning I woke up and about £2400 was in my bank account from the NHS Business Services Authority. Since I have not to this day received any communication at all from the NHS Business Services Authority, I assumed everything was okay. There may have been a box to type a signature on the application form but I can't say for sure.

Nobody has sent me the original application to say how they've worked out I owe them money (which to be fair I haven't asked for as I've been ignoring Conrolaccount and DWF). If they think I owe them money I don't see why they've never bothered to ask me back for it themselves, instead using debt collectors and solicitors.

Just_Di

You need to formally ask the Claimant's solicitors to produce the documents which they mention in the Particulars of Claim (front page left on the claim form).

I can't be specific since I don't know what was mentioned (not just 'referred' to) in the POC but if the contract/agreement is mentioned you can ask them to disclose that. I would also ask for the Default Notice but that may only be relevant if the agreement was CCA Requlated.

You can do this under CPR 31.14 (there may be a template for that on this forum).

The burden of proof is on the Claimant to prove you owe the money they are seeking the court to order you to pay.

I see you've filed a Defence. What did you plead in your Defence because that is what you can argue in court unless you amend your Defence if/when documentation is provided.

Di

kwame41

So I understand you were given a £2400 bursary for a course you withdrew from after 2 months?


Perhaps a little naive to think that you could keep the money. The NHS are looking to recoup the funds through a debt collection agency.


I should start formulating a plan to pay back the £1300 you owe.

Naturepulse

kwame41 wrote: »

So I understand you were given a £2400 bursary for a course you withdrew from after 2 months?


Perhaps a little naive to think that you could keep the money. The NHS are looking to recoup the funds through a debt collection agency.


I should start formulating a plan to pay back the £1300 you owe.

I was on the course for a couple of years and applied midway through the academic year when I resumed the course in May. As I had been on the course for some months previously not claiming any bursary at all, I had assumed included in what they put into my bank account was also a back payment. Nobody has told me why they think I owe the money and how they've worked it out. I don't see why if they think I owe them money why the can't have the decency to try to establish contact with me themselves.

Naturepulse

Just_Di wrote: »

You need to formally ask the Claimant's solicitors to produce the documents which they mention in the Particulars of Claim (front page left on the claim form).

I can't be specific since I don't know what was mentioned (not just 'referred' to) in the POC but if the contract/agreement is mentioned you can ask them to disclose that. I would also ask for the Default Notice but that may only be relevant if the agreement was CCA Requlated.

You can do this under CPR 31.14 (there may be a template for that on this forum).

The burden of proof is on the Claimant to prove you owe the money they are seeking the court to order you to pay.

I see you've filed a Defence. What did you plead in your Defence because that is what you can argue in court unless you amend your Defence if/when documentation is provided.

Di

I pleaded that I did not owe any money in the defence, and that no party has ever told me why I owe the money and how they've worked out how much I supposedly owe them. The deadline for the Small Claims Directions Questionnaire is on Friday, so I will fill it out and send one to the court, copy it and send one to DWF. Do I send the CPR 31.14 back with the questionnaire to DWF? I can't find a template for it online.

kwame41

I see,


If I had to guess the NHS dont see it as a 'backpayment' but that you owe the money.


If you dont have any paperwork relating to the payment its very difficult to offer advice. It does seem odd that this would go straight to the courts without any contact with you prior.


When you made this application online was there no T&C's link or information attached?

Just_Di

Naturepulse wrote: »

The deadline for the Small Claims Directions Questionnaire is on Friday, so I will fill it out and send one to the court, copy it and send one to DWF. Do I send the CPR 31.14 back with the questionnaire to DWF? I can't find a template for it online.

The CPR 31.14 Request should be sent to the Claimant's solicitors not to the court.

You can do that at the same time your serve the solicitors with the DQ.

You must file your DQ at court by the deadline (this Friday) or the sanction is your Defence could be struck out. Courts are strict on deadlines.

Di