Threatening Court Action

chinchilla_2

If you have never seen a copy of the terms & conditions then I don't think they can legally hold you to them.

I'd personally want to see a full itemised breakdown of how they arrived at the £3000 cost. A nursery calling a debt collection agency does sound utterly outrageous and intimidating to me.

mandi

Dammam wrote:

I hate these bullying tactics they use, takes a person with a strong stomach to do that job I guess.
I had soooooo many similar calls, letters etc when I was in debt. One of them even got my work phone number and started calling there! The same one that called me a liar and kept hanging up on me while I tried to explain why I didn't have the money they wanted - I was at my lowest ebb then!
But I persevered through the threats and came out the other end. They're relying on you to crack under the strain, and they don't give a damn what happens to you (hence encouraging you to take out secured debt to pay them off - they'd probably come after you for THAT debt once you fell into difficulties).
I'm not sure if it's too late to agree terms with the nursery, but it's worth a try - also get a full breakdown of what you owe.
CAB sounds an excellent idea.

Keep strong, keep smiling and good luck - I'm sure you'll get through this just fine (as long as you don't listen to any nightmare tales from the debt collectors).

:mad:
You are so right it takes a person with a strong stomach, and no morals to do a job like these people do!! Most of them are regulated by the FSA and in the FSAs code of conduct they must not bully, embarrass, or threaten you , in order to get what they want Best thing Kazzaj could do is ask if they are regulated by the FSA, and tell them shes gonna report them for asking her to take out a loan!! they ll soon change their tune, worked everytime for me!!! :T

lush_walrus

The main question I have regarding your situation, is surely there is more to this than your rights to pay a sum of money or court action. Speaking from the other side as someone who has a business and who sometimes has to chase people who dont want or cant pay for services they have already received, is the first thing I do is terminate their contract as a client, as if I continue to tollerate those who havent paid I will be out of business in no time.

It seems as if your child is still in attendance at this nursery and as such it must surely be the most important thing must be to reach an agreement amicably with the nursery and to aim to keep your child out of any debt problems you have.

I'm not trying to be mean to you, just that I noticed that no one has taken that perspective. Good luck

kazzaj

I am certainly not intimating that I should not pay what I owe Lush. I just cannot afford to pay it all in one go. I will pay it off, even if it takes me years, and just wish to avoid as much unpleasantness as possible in the process. Yes my child is still attending, I am paying the bill on a weekly basis and making sure I do not increase the debt that I already have.

lush_walrus

I can understand that, its just that a lot of the advice seems to be linked to your rights in relation to have you signed contracts and such, which to me with a child involved is not the issue. The issue to me appears to be more how you can amicably negotiate with the nursery to reach agreement. I assume that the nursery is not happy with the amounts that you are paying? Therefore priority seems to be getting to the person who is unhappy and trying to resolve it directly with them.

Tony_H_3

kazzaj wrote:

Thanks Mandi your advice and support is appreciated.
I know I am the one who has got myself into this mess, but its nice to hear a few words of encouragement. I will stick to my guns. I have to phone again on Tuesday and will reinforce my offer of £50 per month. Although she did say that they normally commenced their legal proceedings at the end of each month so it maybe that they still decide to pursue this?
Thanks anyway.
K

If this s truely what you can afford (Have you completed a budget?) then pay it, by all means send a follow up letter to explain what your intentions are. Once you are paying it will be very difficult for the company to start legal proceedings against you.

tasha38

after reading the perspective that lush has written about, im just wondering if a nursery that resorts to debt collectors is the best nursery for any child--- whats the nursery's underpinning beliefs and ethics? plus youve contacted the nursery to try and resolve the matter and they wont listen.

just a thought

Bossyboots

tasha38 wrote:

after reading the perspective that lush has written about, im just wondering if a nursery that resorts to debt collectors is the best nursery for any child--- whats the nursery's underpinning beliefs and ethics? plus youve contacted the nursery to try and resolve the matter and they wont listen.

just a thought

These nurseries are often running on a shoe string though and can't afford to have unpaid fees. Also, if they let one parent pay in instalments because they owe a huge backlog of fees word will get round and they will struggle to get their fees in because there will be others who try it on. Ultimately, the nursery is a business.

Also, if the nursery fails because it does not have enough money to keep going, then all the children miss out and lose their placed. The nursery therefore has to make a stand at some point. I think the OP has been extremely lucky that the nursery were prepared to keep the child there and not chase for the fees before.

I do agree with the point raised though that the extent of the moneys owed should be queried and a breakdown of the fees obtained to make sure the figure is right.

anneANNE_3

tasha38 wrote:

kazzaj

if they already had a distress warrant(i think thats what it is called)

Distress is only legal in commercial property.
The CAB are really good most are LLB lawyers.
You may have a local law centre around qulified solicitors giving free advice. Also most solicitors offer first interview or part of interview free.
Jen has given you sound advice you should go back to the nursery and offer to pay extra each week they may be easier to deal with than debt collectors.

does not matter if you have read terms and conditions if you have signed you are assumed to have read and that is the end of it. Anyway you also agreed by conduct, you have taken your child to the nursery, they have provided a service and you knew you had to pay. That is the contract whether in writing or oral or by conduct.
Take your contract and any information or paperwork with you. Write them a letter stating " without prejudice exept as to costs" offering them a regular amount. That way they cannot use it against you if they do take you to court but you can use it against them. You offer to settle for about half the amount and £1 per week. If they refuse and take you to court you can show the court that you were reasonable and that you were trying to save costs.

If you are on benefits you could ask the DSS for an emergency loan, interest free.
If you are working are you getting working family tax they will pay for 70% of your childcare?

Hope there is something to help you. i know how distressing this must be for you. Good Luck

Bossyboots

[QUOTE=anneANNE
You may have a local law centre around qulified solicitors giving free advice. Also most solicitors offer first interview or part of interview free.

Write them a letter stating " without prejudice exept as to costs" offering them a regular amount. That way they cannot use it against you if they do take you to court but you can use it against them. You offer to settle for about half the amount and £1 per week. If they refuse and take you to court you can show the court that you were reasonable and that you were trying to save costs.

[/QUOTE]


Firstly, it is quite a regular occurrence on here for people to state that "most" solicitors offer a free first interview. This should be "some". In my area and it surrounds, which includes three large towns, there is not a single company giving free interviews. Some have even stopped doing an initial fixed fee first interview.

Secondly, you cannot write a letter headed "without prejudice" and then expect to use it in court yourself, unless you waive the privilege and afford your opponent the same right. Your opponent would also have to agree to the letter being produced.