Charging order - Private School

[Lastlaugh]

Hi I wonder if somebody can give me some advice.
A few years ago we had an arson attack on our business which at the time was successful. Both children were at private school. They were at diff schools. I gave notice for one of my children to leave and arranged an appointment with HM to dicuss transfering into state. At the meeting he said he wanted my daughter to remain for her final two terms even if we could not pay a penny. She stayed but after she left the bursar came after us for outstanding fees.
I have an email from the bursar saying he accepted notice when I gave it and it says 'to protect your position' To cut a long story short they took me to court and The judge said we entered a contract and therefore found against us and ordered us to pay £750.00 per month.
We managed to do this and repaid 6 months but then just could not manage it and so I wrote to ask their solicitor for a reduced payment. I heard nothing until I then got a letter saying about a charging order. The case was in a weeks time. I noticed on here it said they have to give 21days notice and so I wrote and told him this. He replied saying this is correct but I intend to go for the sale of your house.
I contacted the charities commision (school registered charity) and they told me to write to the school council and forward their response. I did this and four weeks later received another letter from solicitor saying make a proposal. I asked for a statement of account, he said work it out yourself. There was about £1000 extra on the court document to what I thought we owed.
I wrote back to the school Council saying I could not get a statement. I offered to pay £1000 and then installments of £300 until cleared.
I then recived another letter from their solicitor stating figures and the amount owed is approx £1000 less that stated on the charging notice of hearing. He said he accepts my proposal but still will get a charging order.

I have to go to court at 10am tomorrow for a notice of charging order absolute and i dont know what to do or say. can anyone help??

Thank you

[Lastlaugh]

Hi Just to update...........got his charging order and admitted the figures were wrong. The judge said to me that if you owe over £750 then the judge cannot stop a charging order. I have lost total faith in the British judicial system!

[elliej1981]

Last laugh, sounds like you've had a really horibble day. I had no idea re charging order, that's really scary. I assumed that charging orders were issued at the judges discretion

[Lastlaugh]

No she said if the money is owed there is nothing she can. If they were to push for the sale of house then she can intervene and she said if a debt is being paid it would be unlikely a home would be sold! What is laughable is that Private Schools are registered charities ............. there is nothing charitable about this school lol!