A little advice please?

[vault]

Hi All, I just need a little advice on how to handle a creditor of my partner if possible. She was studying for a degree and engage a nursery for chilcare, funded by student finance England. To cut a long story short, SFE miscalculated her entitlements leaving her with a huge shortfall. This ended her degree studies half way through her final year and led to her defaulting on what she owed the nursery.

The creditor has now begun to hassle me at work for payment. I was unaware of the sums owing as this isn't my account but the creditor is threatening me with court. Now I'm not about to let my partner handle this alone but she is a little concerned that he's emailed me at work with information regarding her account, Is this a breach of the DPA?? Can he take ME to court for an account which is not mine and can he hassle me at work for this?

Please see the anonymised email below, any advice gratefully recieved!!

From: ] On Behalf Of
Sent: 02 April 2015 12:09
To:
Subject: Nursery outstanding invoices [Scanned]

I am the director of nursery and have been passed your file regarding the debts that remain unpaid.
We have instructed Daniels Silverman as you will no doubt be aware.
They have gone as far as they can before taking legal action, this needs to be instigated by ourselves. Any legal action will ramp up the costs dramatically.

I am willing to make one last offer to you.

If you pay the sum of £1782 by close of play on Friday 10th April then no further action will be taken and the debt will be considered to be settled.

If we do not receive the sum specified by the 10th I'm afraid we will have no choice but to instruct Daniels Silverman to pursue the debt through the small claims court. They will of course add their charges onto this debt. Their charges are considerable already with the work they have already carried out.

As Director of the nursery I assure you that I will pursue every legal avenue to retrieve this outstanding debt. I owe it not only to the nursery who provide childcare for the village but also to the many parents and families who unerringly pay for their childcare.

I look forward to you giving the matter your immediate attention, please let me know via email when any payment has been made.

[edited]

[nemesis45]

Re: A little advice please?

Hi Welcome to LB. Before we go any further you would be wise to edit the disclaimer notices from your post .
nem

[nemesis45]

Re: A little advice please?

The Nursery Cannot pursue you for this debt, nor can the " director " continue to contact at work as this amounts to harassment, the possibility of causing to embarrassment at work is definitely out of order.
Daniels Silverman are solicitors specialising in debt collection.

Send the following to the " director" and DS.

Sir/Madam,

Ref: Letter dated ...................:

I refer you to the letter dated............: in which it is alleged that I am indebted to xxxxxxxxxxx nursery in the sum of £xxx, please take note of the following I am not the debtor you seek and have no personal liability for the alleged debt.
I remind you that to pursue a 3rd party for another persons debt and to threaten court action is a breach of FCA Regulation .

You will cease all contact with me with immediate effect, no telephone calls to any number, no e-mails or text message are permitted.
No contact s to be made to my place of work by any means.

I would remind you and your solicitors that to continue such contact once you have received this letter will be treated as harassment, please refer to The Appeal Court Judgement in Roberts - v - BOS in which their Lordships defined exactly what amounts to harassment in a situation like this.

signed for post check delivery.

Once this is done then we can deal with your partners problem alone.

nem

[Amethyst]

Re: A little advice please?

Hi Welcome to LB. Before we go any further you would be wise to edit the disclaimer notices from your post .
nem

done xx

[nemesis45]

Re: A little advice please?

done xx

Thank you Maam!!

nem

[vault]

Re: A little advice please?

Thank you Nemesis45 for your reply and thanl you Amethyst for the post edit!!

Just a couple of further swift questions regarding your post nemesis45, if I may. What is the meaning of 'signed for post check delivery' and should I give a return address on the letter (we have moved house which maybe why he has emailed even though our new address is no secret)?

Cheers!

Vault

[nemesis45]

Re: A little advice please?

Use the Royal Mail signed for post for all communications so you have a traceable paper trail ( formerly Recorded Delivery).
e-mails ( from your point of view are best avoided as they can be ignored/ claimed not received etc.)

nem

[vault]

Re: A little advice please?

Aaah! I see. Thank you again nemesis45. So i'll get that off in the morning, signed for as you suggest. I'll provide my signature using an anti-tamper strip (not that I'm suggesting people may scan and copy it to documents) and I'll send from my new home address.

Many thanks again!! :tinysmile_grin_t:

[vault]

Re: A little advice please?

Or I suppose I can send it as formerly of and my previous address?

[nemesis45]

Re: A little advice please?

Or I suppose I can send it as formerly of and my previous address?

Yes that's perfect!

nem

[vault]

Re: A little advice please?

'Tis done! Many thanks for your advice nemesis45!!

Vault

[vault]

Re: A little advice please?

Hi All!!

I got a further email in my inbox at work today, included below. Any ideas? It does seem he's conflating the presence of parental responsibility with liability to a contract??


From: On Behalf Of
Sent: 20 April 2015 13:09
To:
Subject: Re: Nursery outstanding invoices [Scanned]

Good afternoon Mr ...........,
I have received your letter claiming that you are not the person who owes the money to ............... Nursery.
Can I remind you that you are the named person with parental responsibility on the application forms for your children to ............... Nursery for your children.
I am not threatening you with court action, I am informing you that the matter will once again be handed over to the debt collection agency. They will take whatever legal steps are required in order to recoup the money owed plus their expenses and court costs. The sum is likely to be well in excess of my offer of £1782

I will be contacting Daniels Silverman tomorrow afternoon with instructions to recover the full debt on our behalf if I hear nothing from you before then.

[nemesis45]

Re: A little advice please?

Hi Vault,
Do you have a copy of the document he mentions.
Dear Mr Director,

I do not acknowledge any liability for the alleged debt. I have not signed any contract in regard to nursery fees as you are well aware
there is a great difference between parental responsibility and the responsibility for a 3rd parties debt.

If you or your " debt collection agency/solicitors" continue to harass me it will be my intention to respond to any claim you may be persuaded to make with a counter claim for harassment.
I now consider the matter closed and no further correspondence will be entered into.
See what he makes of that!!

nem

[bez1211]

Re: A little advice please?

Hi Nemesis!

Thank you again for your advice!
Sorry, I don't have a copy of the document but he does mention that I'm listed as having parental responsibility rather than as an applicant. I take it that I do the same as last time and send as signed for plecc to his solicitor?

Vault