CCJ action started and I need help!! Nursery Fee Debt alledgedly

[dx100uk]

not doubting you, but you HAVE phoned the court to assure this CCJ is genuine?

 

if it is, then you need to get it set aside, which should be easy.

 

dx

[fluffycloud]

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

[fluffycloud]

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

[fluffycloud]

This is my defence filed with the court

[Kraken1]

it sounds like you might have had a claim, not a ccj, from Northampton bulk.

 

What paperwork have you had from the court?

 

When was this received? If this was a claim you have 14 days to respond.

 

If it is a ccj, then you can apply to the court to have it set aside because you had no knowledge of the claim and have a realistic prospect of defending it.

 

Depending where you are in the process you will need to request a copy of any documents they have supporting their claim. This will be the t's and c's applicable when you used them. You don't need to have signed them for them to be valid though. The court will tell the other chap to give these to you.

 

They should also present other evidence regarding the existence of the contract, when it started, stopped, how payments were made etc.

 

You have a right to see the docs that support their claim.

 

 

interestingly, from the leapfrog site it says that they want one month's notice:

 

http://www.leapfrogdaynurseries.co.uk/tandc/Terms%20and%20Conditions.pdf

[Kraken1]

not sure the above defence really works.

 

In order to comment properly you need to post their particulars of claim too.

[miziwizzi]

Speaking as an ex nursery nurse, exactlyy what are they claiming is the ofstead requirement?

 

Is it, the 2 months notice?

that you be given t+c's?

 

or something else???? It is not that clear to me.

 

On another note I would actualy call ofsead regarding the matter they claim is ofstead requirement.

[fluffycloud]

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?

[miziwizzi]

Well prior to training as a nursery nurse I too was on that side and we certainly never had to have 2 month notice periods, each establishment set it own, perhaps they have to give you 2 months which would make sense for it to be ofstead suggested so as not to leave child without care.

 

post up POC as someone will be knowlageable on that front.

 

I would ring ofstead in morning and enquire, if its not true you should tell them the nursery are trying to extract money from you citing them.

[fluffycloud]

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

[bitemarx]

Hello, Could you please update us on what the outcome was?

 

Hope it was in your favour!

[unclebulgaria67]

Doubt you will gain a response, as the last post was 7 years ago.

[L1882]

If you have a similar case you might want to start a thread bitemarx

[ericsbrother]

people rarely come back and tell us the results. Shame as we can then help others by understanding what went on.