Not exactly a debt free wannabe but need help?

lisaburton

My son attended a local nursery school for two mornings a week. I also had a childminder at the time too. Every month I would pay the childminder her fees then also pay her my nursery fees which she always would pass on to the nursery as I never went there as was always at work.
Anyway I stopped my son from going to the nursery in june 2006 as it was getting to expensive etc.
I then received a letter on the 8th November from a company called kent and sussex accountancy services saying that I owed the nursery school £189.00 and had 7 days to pay or they would take me to court.
I went on to phone the company and spokt to a man and explained that I had payed the fees. I also contacted my old childminder to ask her if she had any receipts and she told me that they never issued any. (I can verify this as my hussband paid on one occasion and also wasnt given a receipt).
I then went on to check my statements and they also show a monthly ammount of cash being withdrawn to pay these fees.
I phoned the company back to say that I had checked my bank and also spoke to my childminder and the fees where definately paid. I was told that someone would phone me back but no one ever did.
I have recieved this letter today.


Further to your telephone calls of last week, and your statement of Friday that your childminder had paid the above company.

I have reverted to Mrs ...., who advises me that according to her records, your childminder did not pass on the money as mentioned abouve, and indeed, I am advised that the childminder is also personally in arrears in the payment of fees.

I must therefore advise you that unless strict proof of payment can be furnished, i.e copy of a cashed cheque payable to ....., I am under instructions to proceded with the collection of the outstanding fees as detaild in my letter to you dated 8th November 2006.

Strict proof of payment is required before 1st December 2006 to avoid the commencement of legal action.


I really need some advice on what to do next as I am 99% sure that my childminder forwarded the money on (I have known her for many years and I can take her word for it). The only thing that I can think is that one of the people at the nursery may have pocketed it or they have had a mix up somewhere. Whatever it is I really cant afford to pay this right before christmas.

The other thing when I received the first letter it was really poorly written with words added to the typed letter in pen etc. And everytime I phone this company up I always go through to the same man. So I am also wuite dubious about this company.

And one final question If my childminder owes another company money surely they shouldnt be telling me that!! as we are not even related just friends.

Hope I can have some advice as I need to get this sorted asap

Lisa

whatatwit

I would speak to the nursery, as surely they would have contacted you if fees were due.

Find out the dates for which these supposed fees cover and state that as they don't provide receipts, it's their word against yours.

lisaburton

I have already spoke to the nursery and they have said that the fees werent paid for may and june. I also spoke to the company that is now writing to me and asked why a reminder had not been sent and they told me that their client either sent one in august or september. ( he couldnt tell me an exact date)

I have never gone to court or anything before If i refuse to pay on the basis that I have already paid it once what will happen??

whatatwit

Unfortunately, as you didn't pay by cheque direct to the nursery, you don't have any proof that you have paid.

I don't know how you would stand legally.

Maybe a quick call to CAB would help.

CLAPTON

contact other parents at the nursery and establish whether or not they were given receipts ....if not then your case is very strong.

speak (go in person) again to the nursery and ask for evidence i.e. their copy of the letter to you saying the fees weren't paid ( they should have kept a copy)

say how shocked you are that they have called in debt collector...perhaps suggest you will write to the local papers giving your side of the story...probably wouldn't be helpful publicity

CLAPTON

just to add ..if all else fails its probably best to pay under protest and then take them to the small claims court to reclaim the money.

lisaburton

I have asked my childminder if she ever received receipts and she told me no. I dont know any of the other women at the nursery.

Also I would prefer to write to them as I am not very good at confrontation. But neither am I at letter writting so any hints tips would be useful as I really want to sort this mess out.

thanks

whatatwit

Dear.......

I was surprised and shocked to receive a letter from xxxxxxx on xxxxxxx regarding the non-payment of nursery fees.
As you were probably aware, my fees were paid each month/week by xxxxx when she brought xxxxxx to nursery.
This letter was the first indication I had that fees were outstanding.
To enable me to investigate the matter, please confirm the dates and amounts of payments that had been made since January 06 and also the period that each payment covered.

Until this matter is clarified, I would be grateful if you could advise xxxxxx that the outstanding balance is under enquiry and not to contact me again.

Yours xxxxx

You could also ask for a copy of the receipts for the payments made since January 06.
If they say that receipts aren't given, then tackle them about this especially as your payments were made in cash.

lisaburton

Thank You so much

Im going to post this off tomorrow to them.

Lisa

whatatwit

You may want to tweak it a bit, and possibly put in a copy of the letter from the debt person.

What does your childminder say about this, is she horrified at being called a thief by the nursery.
You could always offer to call in and have a look at the receipt book (their carbon copies) your childminder may decide to come with you as moral support.
When they say they don't give receipts, then you can come on strong with the.....'how then, do you know, you haven't had my money. It could have been credited against someone elses fees'....

Let us know how you get on. PM me if I don't see your results.

lisaburton

thanks for the suppost I posted the letter today so may hear something on either tuesday or wednesday thanks you so much.

Lisa