Thank you I will look forward to your help!!

Hi I sent you a PM did you get it?

:cool:Did you get any joy with Ticketmaster? I have the exact same problem!

well they have continued with persuing me, we are in court (small claims) on the 15th!

We were allocated DLA higher rate mobility for my son in August 08, we swapped it for the motability scheme and paid £3k in deposit for an S Max on Contract hire via the motability scheme. Its a 3 year contract so in effect it runs till August 2011. I have just had a letter and renewal pack saying the DLA is to expire in April 2010 and I have to reapply. If my son is not awarded the DLA at higher rate, do we have to continue with the car payments?? what happens?? Can we terminate the agreement ? HELP PLEASE:confused: !!!

Apparently according to them (the DCA) Ofsted require nurseries to have a 2 mth termination period!! I too was baffled, I used to be chair of a nursery PTA and I have never heard anything so stupid. Shall I post their POC?

This is my defence filed with the court

Money Claim Online Northampton County Court 21-27 St Katharine’s Street Northampton NN1 2LH 18 February 2009 Dear Sir/Madam Claim No: XXXXXXXXXXX DEFENCE I am agreeing to the sum of £241.37 as the only amount outstanding owed to XXXXXXXXXXXXXXX Nursery. I have been harassed continually by Bullock and Clarke with regard to an alleged debt of £882.66. On each occasion that I have asked for a breakdown of where they assume I owe this money I do not receive any proof or copy documents. Apparently the nursery Terms and Conditions state a two month notice period, this I was not made aware of and to be fair since my daughter left there in 2007, the nursery has gone into Administration and been taking over by another company, why would I be made to pay for nursery sessions my daughter did not have as she had left the nursery after two months of being there? My dispute with Bullock And Clarke is that nobody has given me MY terms and conditions, I did not sign any to the effect of a notice period and surely anyone could agree that unfortunately since THE NURSERY ACCOUNTS did not contact me BEFORE they sold the alleged debt on to a third party (which in itself is actually against the law to do so without my prior knowledge and/or written consent) and then since went into Administration this could be an untruth. I would also like to add that I was trying to come to an amicable agreement with Bullock and Clarke, as you can see from the attached copy emails and correspondence, I tried constantly to sort this out and then they decide to take action against me in the form of a CCJ Order? Once again a CCJ cannot be obtained under the Consumer Credit Act while an account is in dispute, nor can it be sought when an account is being handled by a third party without the defendants prior permission. Time and time again upon asking Bullock and Clarke for copy of my signed terms and conditions, invoices/statements or contract with XXXXXXXXXX, they cannot offer it to me. When my daughter left XXXXXXXXX I asked XXXXXXXXXXX who worked for their accounts head office at the time to send me a final invoice, to date this has not been received by me, the first I received of any documents to that effect was a debt collection agency demand. I also note from your court claim form that the name of the claimant is not someone I am familiar with, the XXXXXXXXXXXX nursery my daughter attended in February and March 2007 was XXXXXXXXXXXX owned by Nord Anglia Plc, the address is also incorrect on the Claim Form as the Claimant if it is XXXXXXXXXX also known as XXXXXXXXXis XXXXXXLimited XXXXXXXXXXXXXX which is a completely different nursery company to the XXXXXXXXXX nursery under XXXXXXXXXX PLC. My point is surely as nobody can offer me terms and conditions witnessed and signed by myself in February 07 then maybe it is fair to acknowledge that I was never made aware of such. I note from their current website the Terms and Conditions advise one month’s notice not two months as decided by a Debt Collection Agency. I am currently and have been a carer for my disabled son for over a year and subsequently this means I do not have an income as we are in receipt of Disability Living Allowance. I do not own my own home, I have absolutely nothing to be honest therefore my offer of £241.37 is all I can afford and it is all I agree that is owed. I have sent the payment of £241.37 to Bullock and Clarke and I sincerely hope a CCJ is not made as I have been trying to sort this out with the debt collection agency and as said previously I have been advise that under the Consumer Credit Act a debt cannot be sold on to a third party without my written permission nor when the account is in dispute. This is the defense of (Me) dated 18 February 2009. Yours faithfully

How do I apply to have the CCJ set aside? Are there any templates anyway?

Northamton MCOL court!! I am so confused I dont know what to do they refuse to send me a copy of the contract I supposedly signed, they are adamant they are in the right because they have a photocopy of the nursery T&Cs which do say 2 mth notice period but I have never seen them, my argument is purely I have not seen it before, nobody made me aware of such and since my daughter left there was a whole year before any one came to me alledging I owe this money, I have no notice of assignment that the nursery had sold the debt on, handing it to a DCA, nothing, out of the blue was the letter saying I owe money! They are saying the T&Cs are the contract, they have yet to furnish me a copy that I have signed, they have said they have this evidence but will not give me a copy, this was all argued before they started the CCJ against me, they are very heavy handed on the phone, I tell them I will not speak to them verbally everything has to be in writing. What can I do?

Hi How did you get on?? Just reading your thread with interest.

Thank you trouble is they are saying as its a nursery fee debt it does not come under normal guidelines!! My daughter left the nursery 2 years ago so I am not overly concerned apart from the naffing CCJ threat which I need like a hole in the head!! Any help is appreciated.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/190828-ccj-action-started-i.html Thanks everyone for your help I have started a new thread here.

I have had notification from Bullock & Clarke that I owe over £800 in nursery fees dating back to 2007, this was the first I had heard! They are saying there was a 2 mth notice period that entitles them to charge me as per their Terms and Conditions to which I had not received nor do I remember signing. Well so far I have issued a letter asking for a copy of my signed agreement to the terms and conditions of the nursery, all they sent was a photocopy of standard T&Cs hi-lighting the paragraph about 2 mths notice period, thing is as I keep telling the woman at the DCA I have never seen this document, she said it should have been given to me in my initial pack at the nursery, my argument is where is the proof it was given to me, I had no idea it was a two month notice!! When I quizzed her (the DCA) she said that its an Ofsted regulation, to which I replied 'I have never heard so much twoddle'. She has issued a CCJ on behalf of Leapfrog Group who she is working for, incidentally the debt is with the new Leapfrog Group as the Company who were in charge when My daughter was there has since gone into Administration and taken over! I asked for details of assignment and received nothing, I have sent Subject Access Request and CCA etc and she keeps saying as its not a credit agreement debt that does not count and she has sent the invoices that are apparently outstanding too but these are for the notice period. I dont know what to do, I filed a defence with the court saying I was disputing it as I had not received ever the T&Cs of business, now apparently it will go to court as the DCAs are adamant they want the money!

Nope!!

Well so far I have issued a letter asking for a copy of my signed agreement to the terms and conditions of the nursery, all they sent was a photocopy of standard T&Cs hi-lighting the paragraph about 2 mths notice period, thing is as I keep telling the woman at the DCA I have never seen this document, she said it should have been given to me in my initial pack at the nursery, my argument is where is the proof it was given to me, I had no idea it was a two month notice!! When I quizzed her (the DCA) she said that its an Ofsted regulation, to which I replied 'I have never heard so much twoddle'. She has issued a CCJ on behalf of Leapfrog Group who she is working for, incidentally the debt is with the new Leapfrog Group as the Company who were in charge when My daughter was there has since gone into Administration and taken over! I asked for details of assignment and received nothing, I have sent SAR and CCA etc and she keeps saying as its not a credit agreement debt that does not count and she has sent the invoices that are apparently outstanding too but these are for the notice period. I dont know what to do, I filed a defence with the court saying I was disputing it as I had not received ever the T&Cs of business, now apparently it will go to court as the DCAs are adamant they want the money!

Thats ok.. I will try the 'I did not receive the document that states 2 mth notice period' angle, seriously If I owe money fair enough I pay it up but all of a sudden they come at me with you owe 2 mths plus interest and court costs!! HELP!

I had nothing when I searched from their Limited Company Reg No!! The OFT man couldnt find them either!

Thank you I called them Friday only to be told there was no CCL at that address, the registered address or in their names? I need written proof or something so I can send it to the court, or maybe I am barking up the wrong tree and they dont need a CCL??

Hi I am being chased for outstanding nursery fees where by the company in question are saying I owe the two months notice period monies, this is going back to 2007. The DCA Bullock & Clarke are a Limited Company but on checking the Public register at the OFT they do not appear to have a Consumer Credit Licence. Surely as a DCA who haves started CCJ proceedings against me they should hold a CCL?? Am I right?? What can I do as I do not want a CCJ for monies I dont owe, I have not signed anywhere that says about a 2 month notice period. HELP!! Its going to court soon and I want to be prepared.

Do you carry on paying them in the meantime?

I was going to post the same question I too am having a nightmare with Monument. Anyone out there dealt with them and successfully claimed back charges?

Hi how did you get on?

Just a quick note, in our local rag yesterday there is a current investigation underway as to if our Parking attendants in our council are targeted as allegedly an 'ex warden' has said they have to issue '7 tickets' a day!!! See they get you every which way they can!!

Having researched this, its apparent that the law states you have up to 30 minutes to load/unload in a loading bay as its fairly obvious delivery drivers for instance have to get paperwork signed etc. The markings were 95% disappeared, that area of the six parking bays has always been confusing, with the markings being non apparent for some time now its hard to see which of the 6 bays are pay and display and which are loading... thats why a pay and display ticket was purchased and now looking at the photos he was actually parked in a pay and display space! So the ticket for loading/unloading etc is crap!