I have received a letter from my child's nursery from a woman whose titles herself 'Business Manager, Non Practising Solicitor'.

Last year I was in receipt of Income Support, my one school age child was definately entitled to free school meals, my youngest child who attends the Nursery in the grounds of my eldest child's school were not sure if she would be entitled to free school meals. I applied for the free meals on the same form, however, I never received an acceptance for either child. The school and nursery continued to provide free school meals to both my children.

It now comes to light that my youngest child was not entitled to free meals and I have a bill of 49.95.

I initially spoke over the period of the first 2 months to the Acting Manager (the Manager was off sick, then suddenly resigned) and continuously asked him if my daughter was entitled to free school meals, and if not, then I would pay for what she had consumed and send her with a packed lunch.

He kept saying he would look into it. After Christmas I stopped asking and just assumed as the Manager had not approached me about the free meal situation, they she was indeed entitled.

In March I received a snotty letter from a woman who I believe is an elderly nursery assistant, (she may even be a volunteer - not really sure), saying that I had accrued a debt of 49.95 and to pay immediately. I wrote back and challenged it, also wrote to the LEA, the LEA said it was between the nursery and myself as long as they got paid they were not bothered in getting involved.

From then on, my daughter went to Nursery with a packed lunch.

I have now received a letter dated 14 April saying I have to pay in installments otherwise they are going to take me to the County Court. It also says that I told the Manager that I would pay for any meals my daughter had. I did say this, however, as he failed to provide me with the information and four months elapsed, I was under the impression she was entitled to free meals. As previously mentioned, I asked continously from beginning of November to Christmas, but got no answer from the Manager.

This letter is from a Non Practising Solicitor and the contents are very unpleasant. Can anyone advise how I stand legally please.

I can't advise you on the merits of the case, but the term "non-practising solicitor" means that someone is qualified as a solicitor, but is not formally practising as such at the present time. Good luck with getting an answer about the other issues in your post.

As far as I am aware, she should NOT be titling herself as a "non practising Solicitor" I would check on the Law Society site and see if she is entered on the roll. If she isn't, she should be reported to them forthwih as she may be committing a criminal offence

Hi, Thanks for your replies.

I thought that if you mentioned the word 'solicitor' even non practising solicitor, then you should be registered with the Law Society and if you are not, then you cannot act as a solicitor.

Does anyone have a link for the Law Society Register please?

If anyone has got any further advice I would be so greatful. Also any advice on how to answer the letter I have received.

I feel I have done everything in my power to mitigate my liability.

Thanks to you all.

Just had a quick look on the Law Society website and she is not registered!

You're right that you certainly can't practice as a solicitor if you aren't registered.

So can she still send out legal letters acting for the nursery and putting on the end 'non practising solicitor'?

She can't send out letters saying that she is a solicitor because she isn't practising as such or registered. I suspect what she's doing is trying to put the wind up you by mentioning the word solicitor. I think it's pretty misleading, although she may say that she wrote the letter in her capacity as business manager and that the fact that she uses the words non-practising makes her role clear. I'd give the Law Society a ring and just check what their position is.

Of course, it maybe the other type of 'solicitor'. Maybe not... they're usually well practiced..

:madgrin:On a Sunday too, things are Looking up

Sorry to the last two posters, I dont get what you are saying lol !!

So when rossa says she cannot send out letters saying she is a solicitor, she did not mention in the letter she was a solicitor. It was at the end of the letter after 'yours sincerely' Business Manager, Non Practising Solicitor. What I would like to know is is this woman allowed the use the phrase 'Non Practising Solicitor'. I have looked on the Law Society website and she is not registered. I am going to call the Law Society tomorrow and ask their advice. Any advice you kind folks could provide would be wonderful.

Also, I need to respond to this letter, she is threatening to take me to County Court over 49.95 and put on costs and interest. I did my best over a 2 month period asking the Acting Manager every week if I my daughter was entitled to free school meals, and he kept on saying he would look into it. I stopped bothering asking when my daughter went back in January as I wrongly assumed that she was indeed entitled to the meals. This Non Practising Solicitor woman is hitting a little nail with a sledge hammer. Can anyone advise me of what I should reply to her. Thanks to you all.

There will be NO county court action that amount will be dealt with by the small claims track (IMO)

She is simply punching well above her weight, I would respond with exactly what you have described on here, telling her that her idle threats of court action will be robustly defended, and that you have already spoken with the law society regarding her "Non practising solicitor" line on her letters, and they are very interested in following this up.

(People in glass houses!!!)

If she does not even have the common decency to speak to you with a civil tongue and treat you like a human being then you will not enter into ANY correspondence with her.

This is an honest mistake caused by her staffs confusion, this is nothing whatsoever to do with any legal action, but if she wants to push it that way then you will only be too happy to oblige and counter sue.

Tell her to ruddy well grow up and stop acting like her damn pupils! Where do these fools get off? What goes on in their tiny minds? One sniff of a little bit of power and it corrupts!!!

Wow Bazooka Boo THANKS!!!!!! You have made my night. Must admit it has worried me as I did my best to try to sort it out on a regular basis, then after 2 months just assumed my little one was entitled to the free meals, otherwise, I would never have let her have the lunches, but would have sent her a packed lunch.

Would you be kind enough to explain what a 'small claims track' is. I would hate the debt to go to Court and have costs added. I did try to mitigate this unnecessary debt by keep asking the Acting Manager.

I will definately be writing to her along the lines you have outlined above, thanks so much.

Small claims track, is basically a legal process you and I or anyone else can use to recover money up to £5,000, I am wrong in saying that it won't go to county court, as that is exactly where the small claims are held! (Naughty Boo!)

Certainly writing to her is the best step forward, and this will ensure YOU have a paper trail of evidence should you need it later on. But honestly, to threaten you with legal action straight off, is pathetic and very puerile!

All you need do is explain everything as you have done above, put it in writing, either post it OR hand deliver it to her personally, which might bring her to her senses? And go from there.

The small claims track is a moderate measure: a process that takes place in the County court for dealing with cases in which one or more parties have been unable to resolve their disputes by other measures. Small claims tracks are to be used as a last resort—when all other methods of resolution have failed to provide a solution to a dispute between parties. If a claimant is seeking compensation, particularly in terms of money up to £5,000, then the small claims track may provide them with the resolution they have failed to obtain otherwise.

http://www.sfla.co.uk/litigation/small-claims.htm

Thank you again Bazooka Boo. If you read my original post above, I first received a right snotty letter from them in March which I immediately challenged with a written reply explaing what I said in the above post. I even contacted the local education authority, but they were not bothered as long as they were paid.

If I felt I owed the money I would pay it, here I feel its the principle that I asked for advice from the acting manager and he never got back to me. I did indeed say that I would pay for the meals my daughter consumed if I was not entitled, but after 2 months of repeatedly asking, then we broke up for Christmas, when she returned back to nursery after Christmas I stopped asking as I assumed that she was entitled to the meals as the manager had not mentioned anything to me.

Next I receive a snotty letter in March. I immediately sent my little one packed lunches and wrote back and challenged them. Now she has turned like a rat (you think DCA's are nasty) they should employ this woman, we are talking about a little kiddies nursery here, not a multi national organisation.

Thanks again for all your advice and help.

I too am a non-practicing non-qualified non-solicitor. What a jumped up self important prat!

Hi DonkeyB

You made me laugh. I am a non practising, non qualified brain surgeon lol.

Hi Everyone

Spoke to the Law Society this morning and gave them the woman's name. They told me she registered as a 'non practising solicitor' in 2009. They said I can send in the letter for them to have a look at it, but Ive decided not to bother. For the sake of 49.95 I am just going to ignore the letter and carry on sending my daughter to nursery with a packed lunch. She only has to go until July and if they mention anything to me, I am going to say I have not received the correspondence. I will then ask them to send copies of all correspondence they have sent to me and what they have received from me.

They are like a load of kids and I will treat them as such.

Thanks everyone.

I think you should send the Law Society the letter, even if not for your own case, the Law Society is more likely to crack down on false representation if they get a number of reports. Far too many people are claiming to be solicitors in the debt collection industry that have no right to, and its true what was said before, its meant as a veiled threat to intimidate.

It'll cost you the price of a stamp and may stop this woman from doing it again, and may just raise the issue up the Law Society's agenda so that they have a big crackdown.

OK, I will send them copies of all the correspondence I have received and sent and I will update when I get a response. Thanks

OK, I will send them copies of all the correspondence I have received and sent and I will update when I get a response. Thanks

Chase up the complaint, keep the pressure, because you may then save another poor mum getting nasty threatening letters, intended to deceive and misrepresent.

And letters you send to the nursery/this woman send by recorded so you have proof of sending it, or hand deliver to the business, and get a member of staff to sign a receipt. If they try and take you to court, for under £50 when all you are waiting for is proof of the debt etc, then a Judge will likely not be a very happy person with the "non practising solicitor" especially if you show him the letter!

Send a photocopy to the Law Society so that you still have the original.

Here is an interesting blog with regards to "Non Practising Solicitors" From what I can gather an "NPS" is not an ex solicitor, but somebody who either never took the appropriate exams after graduating, or left very soon after. So your NPS can probably not done a days work as a solicitor in her life, she simply proved she could last a "3 year drinking session" as the blog amusingly calls it

Reading around, it seems that an "NPS" is not someone who was, but has been made redundant say, its to do with what qualifications post university etc are held. A suitably qualified person who is legally allowed to call themselves a solicitor, as far as I can see, does not lose that status just by not working as one right now.

http://www.loyarburok.com/the-system/talking-about-lawyers/the-non-practising-advocate-solicitor/

I think they are the sort of muppets that do the admin & paperwork that does not require a real solicitor for "No win no fee" claims firms and so on, the "paralegals" as in, Not actually legally qualified, but if I add para to the front, it looks like I am.

Thanks Caledfwich for your advice. I have sent all copies of correspondence to the Law Society today.

What do you advise I do then, as I have said before, I asked for 2 months every week about my daughters claim for free school meals, and the Acting Manager always replied he was looking into it. I did also say to him at the time that if it turns out that I have to pay for her meals then I will do so, but what I meant was that I did not want to accrue a big debt and 49.95 is a lot of money to me, so I expected the Manager to find out the answer within a couple of weeks.

I could have settled the small bill if it was just a couple of weeks for school meals and had no problem. It was the time delay that bugs me, I stopped asking after 2 months assuming my daughter was entitled to the meals.

The first I hear is 4 months later when she sends me a snotty letter saying I owe 49.95, in fact, I had forgotten all about it. The original letter did not state 'non practising solicitor'.

The most recent letter states the title 'non practising solicitor' and throws it back in my face by saying 'you told the Acting Manager that you would pay for your daughter's meals if you were not entitled to free meals'. Well yes I did, but after the first 2 months I stopped asking as he simply did not know the answer and didnt seem bothered about finding out, so I assumed she was entitled to them. It took them 4 months to find out the answer. She has said they will claim interest, Court Fees etc etc if I dont pay the installments of five pounds a week starting Thursday 28 April. She also said I HAD TO RESPOND to her by that date.

Any ideas of how I should word a response, also bearing in mind I have sent copies of the correspondence to the Law Society who have confirmed the registered as a non practising solicitor on 15.09.09.

Many thanks

Oh I can think of a few choice words to tell her! But it needs to be succinct and very firm.

Dear Miss Knickers in a twist,

Thank you for your letter dated dd/mm/yyyy, the contents of which have been carefully noted.

It would appear from your comments that you do not have the full facts to hand, or you have chosen to ignore them. I will gladly put you right on a number of issues you have raised but first I would just like to bring you back down a peg or two and inform you that I have indeed sought legal advice with your claims that you will be pursuing legal action regarding this disputed amount.

And secondly I have also taken the time to speak with the Law society, sending them your correspondence claiming to be a "Non practising Solicitor" and their findings are somewhat different to your version.

It is in your interest to open up a mature dialogue with me surrounding this issue caused solely by the 'acting manager' at the time, if you would refrain from attempting to threaten and intimidate me with your claim to be a 'non practising solicitor' 'court costs' and 'interest' then you will find this issue can be brought to a satisfactory conclusion.

Demanding that I pay £5 a week and that I must respond to you by a certain date is extremely rude and offensive, and most certainly not what one would expect from someone of your position.

I look forward to your response, and explanation as to why the acting manager found it impossible to tell a parent if their child was in fact entitled to free meals for over 4 months? I hope that you are able to correspond with me showing some respect.

Yours sincerely,

Edit to suit, you don't even have to use it, but it just gets my goat how some people feel they can act toward others with no or little impunity! Well I've not even started, I take it this is a local playgroup/toddler group? You can always start asking the local authority (council) if they have had any other complaints regarding this woman, and then inform them that you feel her fitness to hold such a licence to run this place is somewhat questionable!

Hi Bazooka Boo

I do so love your replies and yes, I will definately write this to her tomorrow, thanks for helping me so much. The only part of the letter I have a problem with is that the Law Society said she was indeed registered as a non practising solicitor and the date of registration was 15.09.09., therefore, the bit in your letter where you mention that 'their findings are somewhat different to your version' I dont think I can use given that they have said she is on the non practising register. Any ideas of how I can amend that little bit.

Thanks Bazooka Boo, you are a real star and have taken a weight off my mind.

Either cut it out totally or simply remark, "I have also been in touch with the Law society"