Being Taken to Court.....any help would be great.

[Paule]

Re: Being Taken to Court.....any help would be great.

Have you got a copy of their T&Cs that were in force when you started there

[juliesharp]

Re: Being Taken to Court.....any help would be great.

yes i have those and it does state a months notice to be given but just wondered that as they barred us if it would still stand up at all

[Amethyst]

Re: Being Taken to Court.....any help would be great.

Do you have the barring in writing ?

[juliesharp]

Re: Being Taken to Court.....any help would be great.

afraid not, it just came down from head office and was told by the creche......do have witnesses though

[Paule]

Re: Being Taken to Court.....any help would be great.

Can you scan and post them up

[juliesharp]

Re: Being Taken to Court.....any help would be great.

i dont have statments from them but can get them if needed at court. sorry think i may have mislead you by mistake.

[Paule]

Re: Being Taken to Court.....any help would be great.

i dont have statments from them but can get them if needed at court. sorry think i may have mislead you by mistake.

Id you were replying to me, I meant the Terms & Condtions scanned & posted, not the statemnts.
It can get confusing if a few people post different questions, but you'l get the hang of it

PKea

[fuzzybrain]

Re: Being Taken to Court.....any help would be great.

Ju - if you can drop me over a copy of the T&C then i will scan them up for you. I'm around tomorrow evening if you want to pop them over.

It would be best to get the statements asap, as this will have the record of the deposit you paid for each child and how they arrived at the su they are asking for.

Pkea and others - would a SAR have any benefit - would Ju be able to access the data as techinically it would be on the children. I was thinking that they might have documented in their notes that they have asked the children not to attend.....

[fuzzybrain]

Re: Being Taken to Court.....any help would be great.

Ju has asked me to post up some emails that have been going back and forth. they need to get the AQ back to the court by Weds, so really need some help please....

They nursery offered to recuded the amount (to settle out of court), but from what i can understand all they have done is deducted the deposit from the balance (which should have been done initially). I'm not sure about the 30 days notice element, but Ju hasn'r managed to find a copy of the T&C, so can't clarify what it says about 30 days notice being required, even if the children have been excluded for non payment.


__________________________________________________ __________________________________________________ __
First email to Nursery

Dear XXXXXX


Thank you for your letter, you have mentioned a couple of points which sound like you've spoken to Gemma. This seems to have been relayed incomplete, resulting in the story being fragmented.

We were aware of there being an amount outstanding but had no idea of the actual value. Yes we did stop a cheque and told the creche we would not be paying the amount........until that is we received a statement of account to detail the costs owing, not that we would not pay them at all!! The amount remaining unpaid from April is also showing as a third of the unfunded annual fee. Now we are no longer with the creche, shouldn't this be showing as just a 2 week holiday and the other 2 funded?? Also, although the figure appeared on the April statment, this was overlooked on the May payment as mentioned in our defence for the reasons stated. There was no EXTRA amount, just that as it did not appear on the May statement and was unfortunatly overlooked.



We have no issue in paying you the actual amount owed, that you have suffered as a loss. But, seeing as it was Kidease that stopped us from attending (as we were behind in payment) we were not able to enjoy the months notice period which you require payment for and therefore cannot see why we should be liable for this amount, unless you are willing to let us use the nursery for those sessions of the months notice???? To add to this issue, we have a potential redundancy within the household so a small weekly payment with court order on a hardship claim would do neither of us any good at all, so a private arrangement would obviously allow you to recover your money quicker.



As stated we obviously want this sorted out and had no intention of being difficult. iIdo believe that half of the problem is a communication error on both parts with a serious game of chinese whispers occuring which has added to the confusion..



We look forward to your quick response before submitting our AQ on Wednesday if you still wish to go that route.





Regards.

__________________________________________________ __________________________________________________ __________________

RESPONSE FROM NURSERY
Dear XXXXX

Thank you for your email. As stated you were prevented from using the nursery as your account had significant arrears however you remained contractually liable for the 30 days notice. My offer in the letter to accept payment for the reduced amount of £348.00 remains in place. You have in effect already received 90 days credit for the April amount, 60 days credit for the May invoice and 30 days credit for the June invoice. As I have not taken the opportunity to charge interest on the outstanding amount, available through the court service, I feel that you have had ample flexibility for me to expect the payment to be received at XXXXX by tomorrow to prevent further action.

Regards

Director


3RD EMAIL (FROM JU)
It is then with regret that you have left us with no option but to let the courts decide a reduced payment plan in light of redundancy as discussed in the email below which i have now highlighted. My hands are tied as you are not willing to negotiate there is nothing more i can do.

__________________________________________________ __________________________________________________ ________________

4TH EMAIL (FROM NURSERY)
I am of course disappointed by your response as I have negotiated to reduce the amount claimed by almost half. I have dealt with a number of xxxx legal circumstances in the past and have successfully appeared at court representing the company and feel that you may have over estimated the leniency that the court will show. However that is your choice.

[Tools]

Re: Being Taken to Court.....any help would be great.

Just a few questions added in blue if you could answer them, have also made some notes within your quotes

sorry, they are claiming595.20 plus 60 solicitors fees. i dont know how this is made up?? How was it worded on their particulars of claim? probably paid them about 150 in late payment fees Were the late payment fees mentioned within the T&C's, if so how much and how was the term worded please. i have no idea how much we owe them as they have never sent us a statement You need to be asking for a statement of account via the Court by way of part 18/31. they are saying we owe them for not giving a months notice which would be around 300.00 but seeing as they barrde us, we did not leave on our own accord dont see why i should pay the amount.Again, from the T&C's how was this term worded.
Thanks for you help Jen and everyone else on here!!!

we do have there terms and conditions but the nursery has said that they changed during last year and we were notified (i have nothing in writing) have asked for statements but nothing as yet. Is there anything else i need to put i the AQ which i have not covered in the original defence? Thank you for your help again

Did you have to sign a contractual agreement, if so a copy of that would also be useful as well as a copy of the T&C's (both old and new if possible and a copy of the letter they sent informing you of the changes, even if you have to get them again by cpr18/31)

I think you should add some draft directions to the AQ to get the nursery to stump up the info if they are blanking your requests, with an unless order - ie give us proper info or claim struck out. Will have a proper think this evening - how long do you have to get aq in ?

Good point, either cpr18/31 or an unless order.

okay

DEFENCE ENTERED





So the AQ wants to ask for directions ordering the nursery to supply the information


statement of account
detailed breakdown of what they are claiming
terms and conditions signed (both old and new with a copy of the letter informing you the T&C's had changed)
witness statement
copy of the original agreement


you to supply ? evidence that the children were asked to leave / evidence of payments & letters / witness statement (confirm that you would be able to supply those within 14 days) the court likes directions to apply to both parties and you would ask the case be struck out if they dont supply (and conversly if you don't so need to make sure you can)

As they stopped us attending(because we were behind on payment
), can they still charge us for the months notice that we did not give them even though it was not us they effectivly pulled them out from the nursery to another, just feel we were forced into it and therefore should not have to pay for the notice period that i had no option of using...where do i stand legally on this.Depends on the agreement = T&C's you agreed to


thanks in anticipation!!

yes i have those and it does state a months notice to be given but just wondered that as they barred us if it would still stand up at all

Exact wording would be appreciated

Ju has asked me to post up some emails that have been going back and forth. they need to get the AQ back to the court by Weds, so really need some help please....

They nursery offered to recuded the amount (to settle out of court), but from what i can understand all they have done is deducted the deposit from the balance (which should have been done initially). I'm not sure about the 30 days notice element, but Ju hasn'r managed to find a copy of the T&C, so can't clarify what it says about 30 days notice being required, even if the children have been excluded for non payment.


__________________________________________________ __________________________________________________ __
First email to Nursery

Dear XXXXXX


Thank you for your letter, you have mentioned a couple of points which sound like you've spoken to Gemma. This seems to have been relayed incomplete, resulting in the story being fragmented.

We were aware of there being an amount outstanding but had no idea of the actual value. Yes we did stop a cheque and told the creche we would not be paying the amount........until that is we received a statement of account to detail the costs owing, not that we would not pay them at all!! The amount remaining unpaid from April is also showing as a third of the unfunded annual fee. Now we are no longer with the creche, shouldn't this be showing as just a 2 week holiday and the other 2 funded?? Also, although the figure appeared on the April statment, this was overlooked on the May payment as mentioned in our defence for the reasons stated. There was no EXTRA amount, just that as it did not appear on the May statement and was unfortunatly overlooked.



We have no issue in paying you the actual amount owed, that you have suffered as a loss. But, seeing as it was Kidease that stopped us from attending (as we were behind in payment) we were not able to enjoy the months notice period which you require payment for and therefore cannot see why we should be liable for this amount, unless you are willing to let us use the nursery for those sessions of the months notice???? To add to this issue, we have a potential redundancy within the household so a small weekly payment with court order on a hardship claim would do neither of us any good at all, so a private arrangement would obviously allow you to recover your money quicker.



As stated we obviously want this sorted out and had no intention of being difficult. iIdo believe that half of the problem is a communication error on both parts with a serious game of chinese whispers occuring which has added to the confusion..



We look forward to your quick response before submitting our AQ on Wednesday if you still wish to go that route.





Regards.

__________________________________________________ __________________________________________________ __________________

RESPONSE FROM NURSERY
Dear XXXXX

Thank you for your email. As stated you were prevented from using the nursery as your account had significant arrears however you remained contractually liable for the 30 days notice. My offer in the letter to accept payment for the reduced amount of £348.00 remains in place. You have in effect already received 90 days credit for the April amount, 60 days credit for the May invoice and 30 days credit for the June invoice. As I have not taken the opportunity to charge interest on the outstanding amount, available through the court service, I feel that you have had ample flexibility for me to expect the payment to be received at XXXXX by tomorrow to prevent further action.

Regards

Director

The amount of interest claimable under sec 69 at 8% would have been minimal so that was a pretty empty gesture designed to force payment sooner rather than later.


3RD EMAIL (FROM JU)
It is then with regret that you have left us with no option but to let the courts decide a reduced payment plan in light of redundancy as discussed in the email below which i have now highlighted. My hands are tied as you are not willing to negotiate there is nothing more i can do.

__________________________________________________ __________________________________________________ ________________

4TH EMAIL (FROM NURSERY)
I am of course disappointed by your response as I have negotiated to reduce the amount claimed by almost half. I have dealt with a number of xxxx legal circumstances in the past and have successfully appeared at court representing the company and feel that you may have over estimated the leniency that the court will show. However that is your choice.

The Courts will decide what amount can REASONABLY be repaid per month based on a financial statement of income expenditure, they would not ask you to pay what you cannot reasonably afford / month so again, a scare tactic that I would not worry about.

[Amethyst]

Re: Being Taken to Court.....any help would be great.

Ju - STOP communicating with the nursery - if you do please write WITHOUT PREJUDICE on top of the letter.

[Paule]

Re: Being Taken to Court.....any help would be great.

A quick point that i have noticed.

They are claiming Solicitors fees, then on his email he says he represents the company

[Amethyst]

Re: Being Taken to Court.....any help would be great.

Ju - STOP communicating with the nursery - if you do please write WITHOUT PREJUDICE on top of the letter.



This letter - ''My offer in the letter to accept payment for the reduced amount of £348.00 remains in place. '' do you have that ?

We're looking at a holding directions which i'll try sort out now.

Claim XXXXXX

Kidease
(claimant)
v
ju
(defendant)

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court;
Fully particularised statement of case.
Original Agreement and applicable Terms and Conditions.
Copies of any statement or other document relied upon.
If the Claimant fails to comply with this order, the claim will be struck out without further order.

The Defendant shall within 14 days thereafter file and serve the following;
An amended defence sufficiently particularised in response to the documents supplied by the claimant
If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Then in the actual 'section G' box of the AQ, write this;

If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order.

Please find the following attached to this allocation questionnaire;

1) Draft order for directions

This allocation questionnaire and its attachments were sent to the defendant on **/**/**.

[juliesharp]

Re: Being Taken to Court.....any help would be great.

yes i do have the letter statig the offer of paying the reduced amount which would include the discount from our deposit, but this is conditional according to the letter on payment being received by the 30th june.

thanks everyone x
------------------------------- merged -------------------------------

A quick point that i have noticed.

They are claiming Solicitors fees, then on his email he says he represents the company

yes the woman who is taking me to court is one of the directors and she has made it clear that she will be taking care of things in court, not a solicitor

[Amethyst]

Re: Being Taken to Court.....any help would be great.

When you do the amended defence that can be included in there.

Otherwise if the court doesn't order directions you can bring it up in hearing when they come to costs.

The letter offering to accept half - was that marked without prejudice ?