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Hi there
In 2021 I received a CCJ from an independent school, this subsequently resulted in a statutory demand being issued in Feb 21. Due to my mental health and not being able to afford any legal advice at the time, I was unable to successfully have this set aside. My husband had been employed by the school and my children had attended the school. When a new headmaster entered the school, my husband and the headmaster clashed and my husband's contract was terminated.
We were forced to remove the children from the school due to no longer being able to afford the fees. When we received our final statements from the school there were a number of items on the statements that were not due for payment, yet despite questioning and disputing these with the school, they still went ahead and aggressively pursued the debts, stating they were due.
Once the CCj had been issued and in a period of wellness for me, I decided to try and have the CCJ set aside and the statutory demand struck off, in a signed witness statement by the headmaster, he agreed that some of the sums were not due and so we went back to court, with this document. However, not being a legal beagle I went back to court to have the statutory demand overturned only to be told that I needed to go back to court to have the CCJ set aside first then come back to appeal the statutory demand.
By this time I had lost the will to live, so left it and continued to pay the demand at £100 per month. The demand was for principal sum of £10,358 + charges + interest of £10,416.64. From the principal sum, an amount of £5,134.33 was due with the balance not being due and having been incorrectly charged as per signed witness statement. (The sums not due were due to a holiday cancelled in covid, and sums charged even though a notice period had been given in line with their contract terms).
My question is, would I have a case to fight if I went back to court at this late stage? I feel I am now strong enough to take on the fight and feel it is vastly unfair that I am having to pay for items I should not have been paying for and interest on these said items. I feel the school acted aggressively and inappropriately. I do not have the sums for legal representation so would need to do this myself and what route would I need to follow, to start court proceedings again?
Any advice would be greatly appreciated.
Many thanks
In 2021 I received a CCJ from an independent school, this subsequently resulted in a statutory demand being issued in Feb 21. Due to my mental health and not being able to afford any legal advice at the time, I was unable to successfully have this set aside. My husband had been employed by the school and my children had attended the school. When a new headmaster entered the school, my husband and the headmaster clashed and my husband's contract was terminated.
We were forced to remove the children from the school due to no longer being able to afford the fees. When we received our final statements from the school there were a number of items on the statements that were not due for payment, yet despite questioning and disputing these with the school, they still went ahead and aggressively pursued the debts, stating they were due.
Once the CCj had been issued and in a period of wellness for me, I decided to try and have the CCJ set aside and the statutory demand struck off, in a signed witness statement by the headmaster, he agreed that some of the sums were not due and so we went back to court, with this document. However, not being a legal beagle I went back to court to have the statutory demand overturned only to be told that I needed to go back to court to have the CCJ set aside first then come back to appeal the statutory demand.
By this time I had lost the will to live, so left it and continued to pay the demand at £100 per month. The demand was for principal sum of £10,358 + charges + interest of £10,416.64. From the principal sum, an amount of £5,134.33 was due with the balance not being due and having been incorrectly charged as per signed witness statement. (The sums not due were due to a holiday cancelled in covid, and sums charged even though a notice period had been given in line with their contract terms).
My question is, would I have a case to fight if I went back to court at this late stage? I feel I am now strong enough to take on the fight and feel it is vastly unfair that I am having to pay for items I should not have been paying for and interest on these said items. I feel the school acted aggressively and inappropriately. I do not have the sums for legal representation so would need to do this myself and what route would I need to follow, to start court proceedings again?
Any advice would be greatly appreciated.
Many thanks