No Agreement - What Are My Rights

kazzaj · 21 July 2006 at 12:51PM

I entered this thread yesterday but think its got lost.

I owe £2000 in child care fees, accrued during a difficult period in my life. My child contined to attend while the fees were building and I used to pay as and when I remembered. The nursery never issued me with any reminders until presenting me with a bill for this amount. I tried to get the money to pay, but couldnt so they have passed it onto a legal company called Culpa who are threatening me with action, plus they have added £500 for their fees. They did not tell me they were going to pass my debt onto a third party.

Does anybody know what my rights are here, if I have any? I need to respond quickly.

Thanks,

domestic_goddess · 21 July 2006 at 12:56PM

I would contact the nusery or the dca and make arrangements to pay this off in amounts that you can afford. You were lucky that the nusery continued to take your child if the fees weren't paid. I know mine say I have to pay a month in advance.

As you used their service then you should pay it all back but they are being unreasonable to ask for the full amount without giving you the opportunity to make smaller payments. Did you contact them to discuss this when you got the bill for the full amount?

kazzaj · 21 July 2006 at 1:01PM

Yes, I contacted them but they just said they had to take action. I have always intended to pay, just cant do it in one go. As I have not signed any sort of credit agreement, can they still take me to court?

domestic_goddess · 21 July 2006 at 1:11PM

I think they can still take you to court as it is not really unpaid credit, it is unpaid fees that you will have entered into a contract binding you to make the payments. All registered chilminders/nurseries etc have to have a contact with the parents of the children they are looking after or they are unable to look after the children ( i think that this is right - maybe someone who knows more about it can help further).

I think that they would find that the judge would not look sympathetically on them though if they have never issued reminders and if they are unwilling to give you the opportunity to pay in installments.

Emmzi · 21 July 2006 at 1:12PM

Yes, if you continued to take goods and services (by leaving child with them) there is an implied contract. So they can proceed.

kazzaj · 21 July 2006 at 1:29PM

Thanks for that. I am sure I have read somewhere that they should tell me before passing the debt onto someone, so maybe that will sit in my favour. I am going to offer reduced weekly/monthly payments, and I just hope that these will be acceptable.

No Agreement - What Are My Rights

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