Chased for school fee debt

fatbelly

KatieBW123 said:

National debt line were very helpful and suggested bankruptcy might not be such a scary option. They spoke about a Debt Relief Order.  I would rather avoid this though. They suggested I put together a budget sheet and let collections know I have no assets. 

They also suggested I contact the ICO for advice re my request for information- the original contract - which has been ignored or info withheld. 

In an ideal world I would just like to deal with the school directly and come to an agreement. But feels like too late for this? If there are e no assets and I’m forced into bankruptcy they won’t get their money, so feels counterproductive. 

There's nothing to stop you writing to the school but they may just refer you to the debt collector.

I don't think you should be making payments while you are disputing the figures.

For one point, where is the contractual agreement to adding £2000 of debt collection charges?

I would go to battle with the debt collector. They are bound by FCA rules and appear to be ignoring them

https://www.handbook.fca.org.uk/handbook/CONC/7.pdf

Have a look at 7.3.14, 7.3.15, 7.7.2, 7.14.1-6

That's from a 2-minute glance.

EDIT: Copy in the school, the FCA and any professional body (Credit Services Association?) that the debt collector quotes, when you write.

KatieBW123

TheAble said:

So you're liable for one term's worth of fees, is that right? And there is a court order in place making your ex 50% liable? 

Yes but our order had nothing enforceable and he reneged straight away. The school barely dealt with him as he was so erratic and usually *missing* and I was more accountable. So I usually ended up paying, I think I’ve paid £50k more than him in total. 

zippygeorgeandben

I wish you the best of luck with this and I'm sorry that the school could not meet your son's needs.

KatieBW123

fatbelly said:

KatieBW123 said:

National debt line were very helpful and suggested bankruptcy might not be such a scary option. They spoke about a Debt Relief Order.  I would rather avoid this though. They suggested I put together a budget sheet and let collections know I have no assets. 

They also suggested I contact the ICO for advice re my request for information- the original contract - which has been ignored or info withheld. 

In an ideal world I would just like to deal with the school directly and come to an agreement. But feels like too late for this? If there are e no assets and I’m forced into bankruptcy they won’t get their money, so feels counterproductive. 

There's nothing to stop you writing to the school but they may just refer you to the debt collector.

I don't think you should be making payments while you are disputing the figures.

For one point, where is the contractual agreement to adding £2000 of debt collection charges?

I would go to battle with the debt collector. They are bound by FCA rules and appear to be ignoring them

https://www.handbook.fca.org.uk/handbook/CONC/7.pdf

Have a look at 7.3.14, 7.3.15, 7.7.2, 7.14.1-6

That's from a 2-minute glance.

EDIT: Copy in the school, the FCA and any professional body (Credit Services Association?) that the debt collector quotes, when you write.

I have spoken to the FCA who say the collections agency are a member but that they don’t cover this kind of debt ..is it unsecured..anyway not in their remit. I spoke to the credit services association who have sent their code of practice and complaints procedure but they seem to have less power than the FCA, not legislative. I am going to look for legal advice as I would like this dispute put on hold until I have the correct info asked for. I am very nervous about approaching the collections agency as they seem so combative and aggressive! I just need time to ascertain my exact legal position and put together a payment plan if necessary. Such stress!

elsien

You need to write to them and tell them you will only deal with them in writing and they are not to contact you by phone. That should take some of the pressure off you. Template harrassment letter on here which you can amend to your own circumstances.
Free sample letters | National Debtline | National Debtline
If you wish to do so, I would also suggest you have nothing to lose by writing to the school directly to see if you can come to arrangement. They may not be fully aware of the collections agency threatening bankruptcy so letting them know that going down that route will get them nothing might make them stop and think.