Unoaid Nursery Fees....Help Please

[Lighthouse]

***Sorry I think I put this in the wrong place first...in the welcome thread***please delete if it's wrong!
My daughter is being taken to court for unpaid nursery fees. She does owe the money but sought advice from step change to manage all her debts that mounted in part to her mental illness and a period of homelessness.
She sent an email with my help to say she would get back to them with her offer of payment after step change had helped her sort out her budget, but it's now at the stage where we acknowledged the claim and said we would defend.
No pre action protocol seems to have been followed. The only thing in writing is the court papers, she was spoken to on the phone but my daughter was very confused at the time due to medication, she feels hopeless about the whole thing.
Ive been getting the money together to pay it within the 28 days but think if it's not defended she will still get a ccj.
Is there anything I can do?
Thanks in advance

[des8]

As it is the weekend there might be some delay in the cavalry arriving. but in the meantime can you post up the particulars of claim (remove identifying details first)?
Did she ever make that offer?
Is she having help from Stepchange?

[Debt Camel]

"Ive been getting the money together to pay it within the 28 days but think if it's not defended she will still get a ccj."If she get's a CCJ, and it is paid (ie you pay it for her) in 28 days the CCJ will be removed from her credit record.

BUT what are her other debts? If she has a lot of other debts, then she needs a solution to them all, not just this one.

Unless you can pay them all for her, it is possible that the best thing you can do is let her go for bankruptcy or a debt relief order if she still has health issues. that would give her a clean start. Then your money could be better used in supporting her over the next few years - paying a deposit for somewhere to rent, possibly acting as guarantor, making sure she has some spending money so she can feel that life is worth living.

Let me know if you would like more information on debt relief orders - if she is unable to manage a well paid job and her total debts are under 20k this may well be her best option.

[Lighthouse]

As it is the weekend there might be some delay in the cavalry arriving. but in the meantime can you post up the particulars of claim (remove identifying details first)?
Did she ever make that offer?
Is she having help from Stepchange?

It's in the bulk court, Northampton
issue date 12 July
Particulars of claim
Childcare fees due to the defendant
claims interest under section 69
Claim amount approx £1000

She didn't get chance to make an offer, the email stating that she was seeking help was sent on 18 June, she spoke with stepchange a few days after that. She has sent letters to other creditors offering £1, and most have put her account on hold for 30 days

The court papers were sent in 12 July but to an address where she got made homeless from, her landlady got taken into hospital (which is why my daughter and 2 kids had to leave) and the letter wasn't passed on for about 10 days

[Lighthouse]

"Ive been getting the money together to pay it within the 28 days but think if it's not defended she will still get a ccj."If she get's a CCJ, and it is paid (ie you pay it for her) in 28 days the CCJ will be removed from her credit record.

BUT what are her other debts? If she has a lot of other debts, then she needs a solution to them all, not just this one.

Unless you can pay them all for her, it is possible that the best thing you can do is let her go for bankruptcy or a debt relief order if she still has health issues. that would give her a clean start. Then your money could be better used in supporting her over the next few years - paying a deposit for somewhere to rent, possibly acting as guarantor, making sure she has some spending money so she can feel that life is worth living.

Let me know if you would like more information on debt relief orders - if she is unable to manage a well paid job and her total debts are under 20k this may well be her best option.

Thank you. I could just about manage to pay the one that has already gone to court, especially as you say I'd have 28 days. There is one creditor who won't accept the £1 offer as suggested by stepchange. That debt is around £7k. They've said they will take £4K as a settlement now or the full amount in instalments to take no longer than a year.
They've given 2 weeks (from today) to make an offer before they start proceedings.

It's my understanding that a debt relief order will affect her credit in the same way as a ccj , is that correct? Her health issues are ongoing, she's had months off sick but so far her employer has been understanding and I'm hoping once she gets through this stress she'll be back on her feet.

They've (her and 2 kids) been placed in temporary accommodation after 2 stints in a drug infested b&b and hostel so feels safer now but because she works doesn't qualify for housing benefit. If she doesn't pay the rent she's classed as making herself homeless which is how she's fallen behind on her commitments etc.

Also they live 200 miles away from me.

I really don't know if there is any defence we could use, I can't say if any other letters went to her previous address apart from the court papers.

[Debt Camel]

It's my understanding that a debt relief order will affect her credit in the same way as a ccj , is that correct?

A DRO is closer to bankruptcy or an IVA in the effect on her credit record. But if she can't pay her debts and they are large, she will not have a good credit record for many years. Opting for a DRO or bankruptcy now, gets the pain all over with and she can then start to rebuild her credit record. I think she should discuss a DRO with StepChange.

[Lighthouse]

A DRO is closer to bankruptcy or an IVA in the effect on her credit record. But if she can't pay her debts and they are large, she will not have a good credit record for many years. Opting for a DRO or bankruptcy now, gets the pain all over with and she can then start to rebuild her credit record. I think she should discuss a DRO with StepChange.

High Court writ urgent help please


Judgement was made for unpaid nursery fees. I thought we had 30 days to make the payment to the court and have raised up the money. (£1000+)

I didn't know the 'forthwith' meant immediately so the claimant went straight for enforcement and now has a high court writ.

What are my options now please?

I was trying to avoid my daughter getting a CCJ but if it is going to stay on her record anyway, I'd rather pay the amount in instalments as she cannot afford it anyway along with other debts that step change are helping her with.

Can they take her goods?

[Amethyst]

Have you a copy of the judgment ? and the 'writ' you have received please.

What was the date of the judgment ? So on 11th August you mentioned you'd acknowledged the claim. Presumably you failed to file a defence so they obtained a default judgment ?

it needs to be paid within 28 days to avoid it being on the register for 6 years. But the judgment can be for payment within 14 days or forthwith which means enforcement can be looked at...

[Lighthouse]

Judgement was 30th August so I called to pay it today to be told it was no longer with the solicitor but now with enforcement who have a high court writ and have added further charges.
They said that the only way to avoid the ccj was if it was paid forthwith.
Ive only got a photo of the judgement letter that was received from my daughter

[Lighthouse]

I did acknowledge the claim but had no defence other than my daughters mental illness so I thought I would pay the debt for her to avoid a ccj so that it doesn't affect her for the next 6 years

[Amethyst]

Did he say how much the further charges are? Should only be the £66 at the moment.

They have been a bit quick off the mark. Does the judgment only say forthwith ?

If you pay in full within one month, you can ask the court to
cancel the entry on the Register. You will need to give the court proof of payment.

regarding the Judgment register ( should be at bottom of judgment order)

[ploddertom]

Have you had a Notice of Enforcement from the HCEO yet? This should only add Execution Costs & a Compliance fee to the debt outstanding - may be a small amount of interest as well. If you have this Notice can you give us the date by which you must respond to it?

[Lighthouse]

Did he say how much the further charges are? Should only be the £66 at the moment.

They have been a bit quick off the mark. Does the judgment only say forthwith ?

regarding the Judgment register ( should be at bottom of judgment order)

It says you need to pay the claimant a total of £1xxx.xx forthwith

at the bottom of the judgement it says if paid in full within 1 month you can ask the court to cancel the entry but the woman on the phone at the solicitors said it's too late for that as their client instructed them to enforce immediately

She just said that additional charges will be added but I don't know how much as I haven't called the enforcement people yet. She said they are Marston Group.

All all this has caused my daughter to have a manic episode she is paranoid that men are coming to get her, I got her to email them giving me consent to deal with it for her but I'm worried what will happen if they approach her at her home.

[Amethyst]

If you have the money to pay the judgment, just call and get it paid. They must only just have applied for the writ so there should just be the £66 fee to pay, don't wait for the first letter to arrive as that will add £75.

YOu could also ring the court and tell them you are trying to pay the judgment but the claimant won't allow you to and ask them what to do.

[Lighthouse]

Have you had a Notice of Enforcement from the HCEO yet? This should only add Execution Costs & a Compliance fee to the debt outstanding - may be a small amount of interest as well. If you have this Notice can you give us the date by which you must respond to it?

No, just the letter of judgement, it said payment must be made to the above which was the solicitor, I called them this morning, they wouldn't discuss with me, I got my daughter to email consent, when they spoke to me she said it's no longer with them as the claimant has a high court writ to get enforcement and now I need to speak to enforcement (Marston group). She said there will be additional fees.