Summary Cause Summons - Return date 01-10-2008

[RFC1872]

Hi folks,

Hope someone can help with some advice on how to deal with a Summary Cause Summons.

Background

My child has just left private school. They started with school 6 years ago in primary seven then proceeded on to secondary school finishing in fifth year. They will be starting Uni in September - which we will need to find the money (which by law we have to) to pay their grant. We paid the school fees monthly. But the last year has been one almighty struggle with debt etc, which meant we missed some monthly payments. This has resulted in us owing 3300 GBP. The school wrote to us and asking us for the full payment. We could not afford it and contrary to advice on CAG we ignored it. They passed to their lawyers. We wrote to them stating that we are dealing with it and looking at our finances, though we had a problem with the mortgage Co. and could not give a repayment figure till we knew what was happening with our payments to them. Any how we sent the layers a second letter in which we apologised for the delay but we would try and resolve the matter. We then got another letter form the lawyers giving us a week to respond and as of that date they would initiate legal proceedings - which they have.

The have made their claim against both myself and my partner (Jointly and severally) as far as I am aware it has only been my wife that has ever signed anything with the school. In their statement of claim they state "The Defenders are obliged to pay fees to the Pursuers in respect of tuition for the said child for the period in which she received tuition all in terms of the enrolment Agreement between the parties dated 16 March 2002." How do we get to see this document? What law would this debt come under? Also what are the possible scenarios? Is there anyway that this action can be stopped except by paying the amount in full? How can I ensure that I get the scales more level in terms of using the court process?

Or ultimately, instead of what might be my superfluous questions above, what would be my best course of action?

[citizenB]

I am unable to help, just bumping your thread to ensure other people will notice it.

[RFC1872]

"The have made their claim against both myself and my partner (Jointly and severally) as far as I am aware it has only been my wife that has ever signed anything with the school."

Could someone answer this question for me, how can they include someone in this claim who has never had any agreement in regards the child going to the school. Can I ask the other side to provide me with a copy of documents they have relied on. WOuld these be with the court just now?

CitizenB thanks for the Bump.

[citizenB]

I should think you would be entitled to see any documents the other side are relying on. I truly dont know.

[RFC1872]

Originally Posted by citizenB

I should think you would be entitled to see any documents the other side are relying on. I truly dont know.

I am going to phone the court and ask them what i need to do to see the document the are relying on. Also I will ask them about the claimaint putting me on this paperwork just because they want to?

I appreciate the time you have taken to aknowledge my posting.

Cheers

RFC

[citizenB]

That sounds like a good idea. I am sorry that there doesnt appear to have been anyone else available to help you.