debt of £4000 at least 6 years old

[mddm]

I have a debt of £4000 outstanding for about 6 years, i have tried over the years to pay some of it - but other debts such as utility bills/council tax etc have taken priority over this school fees debt.

I have previously told them also over the years i would never be able top afford to pay this off - and asked them to reduce it by half - half was a terms school fees the other half was the amount i had to pay if i didnt give notice of my child leaving - which i didnt.

They have always refused to reduce the debt.

They have now after last having contact with them last year sent me a Notice of Intention to issue a court claim - I am pretty fed up with them as I cannot pay this at all. I could say £5 per week, but I have other priority debts.

Also on HB and CT benefit and minimum wages, no house savings etc and a car worth about £150!

Mddm

[WendyB]

Re: debt of £4000 at least 6 years old

The debt won't be statute barred even though it is 6 years old, as you have acknowledged the debt during the six years.

Make them an offer to pay what you can afford per week, if they don't accept this and do issue a court claim, then a judge will only order you to pay what you can reasonably afford.

[Amethyst]

Re: debt of £4000 at least 6 years old

It does sound as though you have kept in contact with them and told them of your circumstances throughout. Were your financial circumstances the reason for your child leaving the school ?

I expect they are taking the court action to get something set in stone regarding repayments, whether that be £5 a month or whatever, as it sounds like you have been a bit hit and miss so far. As you have made payments within the last 6 years and last contact last year and you acknowledge the debt I doubt if it could be classed as statute barred.

I would put your offer of £5 a month/week in writing to them and send the first payment, and continue doing so each month/week from here onwards.

If/when they take you to court you will admit the debt and send in your income and expenditure sheets with an offer to pay of the same installments. You don't own your own home or have any assets so they will just have to accept that and be done with it, there isn't a lot else they can do.

Do you havea copy of the contract between yourself and the school to check on the cancellation notice terms etc ?