We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
First time here - need advice!
Bubblegum79
Posts: 7 Forumite
Hi everyone,
I am so confused and worried and thought I would see if anyone here has any advice.
In 2012 my husband left me and my daughter and emptied the joint bank accounts and left me with a lot of debt. One of these debts was for fees where my daughter attended nursery. They asked me to leave because for 5 months I was struggling to pay the full amount of £680 a month. They knew about my situation, but wouldnt let me pay weekly when asked if I could. After this I ended up losing my job because I constantly had childcare issues and couldnt afford to pay someone else.
The nursery sent the debt (in the region of £2000 by now) to a debt collection company called Final Demand. I contacted them straight away and explained that I owed the money but at the time I wasn't working so could I arrange a reduced amount to repay until some time as i found work. They told me to write to them, which I did, and I never heard anything back. I had to chase them 3 times for a response but no-one replied to my letters or calls.
I had to move but still had the same mobile number and had a mail redirection in place so had they contacted me I would have responded but I received nothing.
In March last year, the nursery found out where I live and stuffed a letter through my door saying if I don't respond to them within 7 days they would take legal action against me. I responded straight away and explained about Final Demand not responding to me. I presumed that since the nursery were pursuing me that they were no collecting the debt. I offered to set up a payment plan with them straight away, but they refused and said I should speak to Final Demand to arrange a payment plan. I tried again to speak on the phone with someone and sent letters but I never received any response.
Last saturday I received court forms through the post from the nursery owner saying that I haven't paid this money back. I was furious because I had done everything I could to pay the debt back but no-one would deal with me. I have filled the forms in and sent them back, but my income and expenditure leaves me with £12.00 a month to spare so I have offered them this. I only work part time, but I have explained that should I get more hours at work or any overtime I will pay more to clear the debt.
I am worried now that they will refuse my offer - can they do this? I have filled in the forms accurately showing my income and expenditure, but I am worried that they will try and take me to court and not accept the token payment until I can pay more. I know this is a bit long-winded but I needed to explain what had happened before - I can't see that I have done anything wrong other than not be able to afford the nursery fees in the first instance. Have I done everything I need to and is this likely to go to court even though I have made an offer?
I am so confused and worried and thought I would see if anyone here has any advice.
In 2012 my husband left me and my daughter and emptied the joint bank accounts and left me with a lot of debt. One of these debts was for fees where my daughter attended nursery. They asked me to leave because for 5 months I was struggling to pay the full amount of £680 a month. They knew about my situation, but wouldnt let me pay weekly when asked if I could. After this I ended up losing my job because I constantly had childcare issues and couldnt afford to pay someone else.
The nursery sent the debt (in the region of £2000 by now) to a debt collection company called Final Demand. I contacted them straight away and explained that I owed the money but at the time I wasn't working so could I arrange a reduced amount to repay until some time as i found work. They told me to write to them, which I did, and I never heard anything back. I had to chase them 3 times for a response but no-one replied to my letters or calls.
I had to move but still had the same mobile number and had a mail redirection in place so had they contacted me I would have responded but I received nothing.
In March last year, the nursery found out where I live and stuffed a letter through my door saying if I don't respond to them within 7 days they would take legal action against me. I responded straight away and explained about Final Demand not responding to me. I presumed that since the nursery were pursuing me that they were no collecting the debt. I offered to set up a payment plan with them straight away, but they refused and said I should speak to Final Demand to arrange a payment plan. I tried again to speak on the phone with someone and sent letters but I never received any response.
Last saturday I received court forms through the post from the nursery owner saying that I haven't paid this money back. I was furious because I had done everything I could to pay the debt back but no-one would deal with me. I have filled the forms in and sent them back, but my income and expenditure leaves me with £12.00 a month to spare so I have offered them this. I only work part time, but I have explained that should I get more hours at work or any overtime I will pay more to clear the debt.
I am worried now that they will refuse my offer - can they do this? I have filled in the forms accurately showing my income and expenditure, but I am worried that they will try and take me to court and not accept the token payment until I can pay more. I know this is a bit long-winded but I needed to explain what had happened before - I can't see that I have done anything wrong other than not be able to afford the nursery fees in the first instance. Have I done everything I need to and is this likely to go to court even though I have made an offer?
0
Comments
-
They would have to be pretty stupid to take you to court, knowing your financial situation.
The Judge would, almost certainly, award them less than the £12 you have offered.
I would immediately start paying them a token payment (say £1 or £2 per month), so the Judge can see you are making an effort.
Pay this amount by cheque/postal order, but not by DD.0 -
Well if I was you I would be going to the CSA and pursuing your husband for every penny you can get in maintenance from him. Also could you not get free legal aid to take him to the small claims court to reclaim some of th money he took.The forest would be very silent if no birds sang except for the birds that sang the best0
-
My husband has now decided not to work or claim benefits so he doesn't have to pay anything through the CSA. Charming isnt it?
I'm currently getting divorced and I have tried to claim the money back from him through the solicitors but have failed. The thing is, he lives with this girl although I doubt his name is not on anything official - he tells everyone he lives at his mums so he's up to something.
Why should I not pay by DD? Can I set up a standing order from my bank? I don't have a chequebook so I can't make any payments in that way.0 -
Bubblegum79 wrote: »Why should I not pay by DD?
Because the Payee (not you) has control, and can vary the amount paid.
You can recover it, but that doesn't help when it's the weekend and your account has been rinsed.0 -
Bubblegum79 wrote: »My husband has now decided not to work or claim benefits so he doesn't have to pay anything through the CSA. Charming isnt it?
I'm currently getting divorced and I have tried to claim the money back from him through the solicitors but have failed. The thing is, he lives with this girl although I doubt his name is not on anything official - he tells everyone he lives at his mums so he's up to something.
Why should I not pay by DD? Can I set up a standing order from my bank? I don't have a chequebook so I can't make any payments in that way.
Its not possible to live without an income. Maybe you should report him and the girlfriend to the benefits/tax office as people worth an investigation. There must be money coming in from somewhere.
Actually it might be worth getting the CSA on to him anyway.The forest would be very silent if no birds sang except for the birds that sang the best0 -
The thing is I have no idea where he lives now. He said him and his new partner moved but refuses to tell me where. Back when he used to see our daughter once a fortnight I asked where she would be so I would know where she was if there was a problem but he refused to tell me. I only know his partners name, nothing else. My suspicion is that she is claiming to live on her own therefore able to claim benefits and he lives there living off the money she gets. However, I think he must be doing some kind of work because he bought an £8000 car last year and he had this still last time I saw him.
Anyway, my main issue is obviously this debt regarding the nursery. If I set up a standing order rather than a direct debit then surely this cannot be changed by anyone but me?0 -
Hi Bubblegum79, what a terrible situation you've ended up in, and absolutely no fault of your own.
I really hope you get somewhere with the offer you've made and you can then move forward with your life.SPC # 348 2014-£169.07/2015 - £156.89
GC 2014 Feb-Dec £2931.62
GC 2015 Jan £216.93/£220 Feb £291.97/£215 Mar £213.64/£220 Apr £207.62/£220
DFBXmas2015 #40 - £3,474.61/£4,0000 -
Bubblegum79 wrote: »If I set up a standing order rather than a direct debit then surely this cannot be changed by anyone but me?
That is correct.0 -
If he's collecting benefits I am pretty sure they will take £5 a week from him for CSA. Still worth pursuing them in any case. Are you in touch with his parents? Are they approachable? Do they know of this debt?0
-
Bubblegum79 wrote: »Have I done everything I need to and is this likely to go to court even though I have made an offer?
You've responded to admit the debt and offer what you can as an instalment. Yes, you've done everything you need to.
It's already 'gone to court'. Most court claims are dealt with on paper. If the claimant agrees with your offer, the court rubberstamps that and sends that to you as a judgement. If the claimant doesn't agree then the court makes a decision itself and that is sent as a judgement.
Whatever that is, when you get it, report again and tell us:
does it say 'in default' or 'by determination'?
does it order a monthly payment (if so, what?) or payment forthwith?0
This discussion has been closed.
Categories
- All Categories
- 345.8K Banking & Borrowing
- 251K Reduce Debt & Boost Income
- 451K Spending & Discounts
- 237.9K Work, Benefits & Business
- 612.7K Mortgages, Homes & Bills
- 174.3K Life & Family
- 251K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 15.1K Coronavirus Support Boards