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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

macm00n

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  1. Anna1s1 started following macm00n
  2. macm00n
    Sadly I don't think they will. The solicitor was very clear we needed to withdraw Or incur further costs. Because unless by some miraculous technicality, they would be awarded the SD. He wanted us to fill in a I&E that he produced For his clients.. However I thought it was in our Interest to do it through the court. The paper work for the Sd looks questionable It's not dated, and on my Sd, all he has done is Copied and paste what was on my husbands, so in the Statement he refers to my husband by name, instead of me.
  3. macm00n
    Thanks once again to each of you. We put in the N245 to the courts after the hearing, but the claimant has 16 days in which to respond to our offer. the hearing for the SD set aside falls in this time. the claimants solicitor has advised us to cancel the set asides, but I feel this would leave us vulnerable, so haven't done so. the hearing is beginning of next week, we have lost the set aside for the ccj, which is what the set aside for the SD was based on. would it now be prudent to submit to the court ready for the hearing that there is a N245 in place and we are awaiting a decision on that. or adjourn the hearing??
  4. macm00n
    evening all so a quick update We lost. The judge whilst sympathetic with the illness in our family, has rule the debt was owed, that we entered into a contract with the school, we breached that agreement, therefore the debt was due. He did reduce the solicitors costs by £300 tho. The judge did inform us of our options at this point, 1) pay the debt in full 2) apply through the court to vary how we pay, i.e. submit an attachment of earnings etc and the court will award instalment amounts. the claimants solicitor also spoke to us after .. advising to have the SD set aside, cancelled, as unless by a miraculous technicality it would stand and they would award bankruptcy. could that miraculous technicality be that he forgot to date the SD??? anyway the solicitor also said he would confer with his clients as to instalment payments, but they would only be open to that if we submit to them an attachment of earnings. so may I once more ask for any thoughts on which way might be more beneficial to us.
  5. macm00n
    Thank you all so much for your time, knowledge and patience. Here we go!! I will of course let you know the outcome. Fingers crossed. Xx
  6. macm00n
    yes we can pay half of the amount of the judgment, and willing to make arrangements to clear the rest within a year.
  7. macm00n
    Thanks Andy, So I'm trying to base my defence around, Ill health, mine initially, making it difficult for my husband to work full time as a contractor, thus finances were tighter. The unfair exclusion of our child, as willing to pay monies owed to that point, but school refused. The lack of clarity and response to requests made by us over the billing. communication from the solicitor notifying the a claim against us following day notice from the court ref claim husbands ill health in refuting why we could not deal with this until now. in your opinion.... is this enough ... or too much?
  8. macm00n
    the extra costs = £3000 are solicitor fees, court fees ect as of the SD I think we should have paid £3,238, that covers the time at school. this includes 2 full months and 2 weeks. They only excluded our child because we couldn't pay the full term. the extra charges are pupil insurances over the exclusion period. = £70 Dance lessons over the exclusion period.= £212 and late payment charges of £=91 plus school trip of £30 the total amount for the ccm claim itself = £5910.08 as of the SD it is almost £9000
  9. macm00n
    I did communicate over the phone with the credit controller that we could not make the full payment, and asked for it to be split into 2 payments, I was told that they were not a bank!. The school operates a termly policy, they send an invoice for 3 months, you pay by DD or in full at the beginning of a term. We had always used the DD method, thus our termly payments were split into 3 equal sums. Our child was excluded because we owed half of the terms fee, with 2 months left to run on the term.
  10. macm00n
    unfortunately the dismissal of paying the bill in 2 instalments, i.e. the first at the time of the exclusion and the second before end of term, were executed over the telephone. Only have emails, referring to one missed payment then the next email, states they want triple the amount. They don't even state that they wanted the term paid in full, just an amount, it is our assumption that it is the term in full.
  11. macm00n
    Thanks DD Its making my head spin !!! in court tomorrow to defend this, or at least try.
  12. macm00n
    I have 8 years worth of invoices from them with the following wording "Please note you are paying by monthly direct debit. Collections will be made on the 15th of each month" Also the varies emails, stating DD had missed or that they would take 2 payments together the next direct debit date.
  13. macm00n
    Hi DD he was very unwell from the 22nd nov and had his 1st stroke the evening of the 26th followed by a second on the 2nd of december.
  14. macm00n
    nothing was mentioned of court proceedings in the october letter. it does not identify itself in any way as a letter before action
  15. macm00n
    So we had a letter from solicitors demanding full payment within 14 days of date of letter, 23rd Oct then 14/11/20013 letter from solicitor notifying claim had been made then letter from cc 15/11/13 to say claim made.
  16. macm00n
    Hi DD Yes he had his first stroke with that 14 day time period.

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