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Online School Debt.
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Bakedalasker
Posts: 61 Forumite

Hi,
Apologise if this is in the wrong place.
My daughter was in an Online schooling. She was not happy with them so I pulled her out. They wanted me to pay 2 term schooling. That was within the T&C's.
I offered to pay only one term and sent them a letter with a cheque for that term. In that letter it was written in such a way that if they cheque in my cheque then that would be the case closed. If they were not happy with my offer then they were to send my cheque back to me. They cashed in the cheque and I did not here from them for 3 years.
I have of late received a letter from them demanding the remaining money. After receiving legal advice I was told their actions of cashing in the cheque 3 years ago should be an end to this. I have had at least 4 chase up letters from them even though I told them after the first letter to take me to court.
For those who are clued up on this my defence will be using the Pinnal case where I intend using the argument "Payment with fresh Consideration". I'm trying to find case history where this argument has been used but I'm struggling to find any.
Can anyone help me out here?
Apologise if this is in the wrong place.
My daughter was in an Online schooling. She was not happy with them so I pulled her out. They wanted me to pay 2 term schooling. That was within the T&C's.
I offered to pay only one term and sent them a letter with a cheque for that term. In that letter it was written in such a way that if they cheque in my cheque then that would be the case closed. If they were not happy with my offer then they were to send my cheque back to me. They cashed in the cheque and I did not here from them for 3 years.
I have of late received a letter from them demanding the remaining money. After receiving legal advice I was told their actions of cashing in the cheque 3 years ago should be an end to this. I have had at least 4 chase up letters from them even though I told them after the first letter to take me to court.
For those who are clued up on this my defence will be using the Pinnal case where I intend using the argument "Payment with fresh Consideration". I'm trying to find case history where this argument has been used but I'm struggling to find any.
Can anyone help me out here?
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Comments
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Moved to DFW.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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@sourcrates Is this one for the LegalBeagles forum assuming that is still going, do you think?🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
Balance as at 01/09/23 = £115,000.00 Balance as at 31/12/23 = £112,000.00
Balance as at 31/08/24 = £105,400.00 Balance as at 31/12/24 = £102,500.00
£100k barrier broken 1/4/25SOA CALCULATOR (for DFW newbies): SOA Calculatorshe/her0 -
EssexHebridean said:@sourcrates Is this one for the LegalBeagles forum assuming that is still going, do you think?I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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