CCJ Claim letter received from childs Nursery!

[the_shadow]

Thanks for the respond Shadow.

 

What can we do now? I mean, the agreement is on a different page. How can they claim that she has the same aggreement? Could they not just make it up and attach it as an agreement? Doesnt the agreement supposed to be on same page with the signature?

 

I am not sure what to do now! I just cant think of anything!

 

I'll flag this one up to others in the site team as I'm at a loss on what to suggest to be honest.

 

S.

[rebel11]

I might be way off the mark, but the page with the 'Regulations and Parents - School Agreement' looks like it's from a file copy and might not have been viewed by the

OP's sister. It's been whole punched implying that it's been filed, where as the other documents haven't been filed, so you could argue that the document ('Regulation and Parents - School Agreement') they have produced, have been produced to fit the 'facts' that they want to put forward.

[IdaInFife]

Think we need to start from the begining,

 

When they enrolled for the nursery place during the summer was this stated verbally for the summer period only?

 

Had they already secured a place at another school for the start of the school term?

 

Did the nursery enquire at all if the parents wanted a placement at the start of the school term?

 

Normally when i paid fees weekely the nusery would give me a recepit- was this not offered at all?

 

if not - all the school/nusery offices around here have camera's - did you notice if they did?

 

I agree with rebel that the page could have been knocked up at anytime and has no linking reference or relevance to the signautre part

[Isiris]

Did you Sister not receive a request for the money or even a Letter Before Action? Have they just gone BANG, straight to court.

[iceboy]

Thank you guys. i asked my sister the questions above and am waiting for respond still. Will write back once i get a respond from her.

 

Than you...

[iceboy]

Think we need to start from the begining,

 

When they enrolled for the nursery place during the summer was this stated verbally for the summer period only?

She started the nursery in March. My sister agreed that her daughter would go to nursary on some days of the week as well as the upcoming summer term, until the school term started. All those were verball agreed. But the agreement she signed includes the nursary

 

 

Had they already secured a place at another school for the start of the school term?

No they had not.

 

Did the nursery enquire at all if the parents wanted a placement at the start of the school term?

Yes but they verbally agreed on that my sister would only be interested in a placement if her doughter liked it there. And she did not. Whenever she was going to nursary, she was crying and she didnt want to be there and she has already been to another nursaries before, where she was happy. Clearly, something went wrong there, and she was not liking it!

Normally when i paid fees weekely the nusery would give me a recepit- was this not offered at all?

Her husband makes the payment and he never recieved a reeipt. He was not offered it strangly and he never asked for it! He likes paying and walking away!

 

if not - all the school/nusery offices around here have camera's - did you notice if they did?

She says she didnt notice any cameras!

 

I agree with rebel that the page could have been knocked up at anytime and has no linking reference or relevance to the signautre part

 

 

Did you Sister not receive a request for the money or even a Letter Before Action? Have they just gone BANG, straight to court.

 

She said she received letters through a debt collection agency. Just recently, after this matter happened!

 

 

 

Do you guys think she has a chance? How can we tell them that the aggreement she has been sent is not the actual agreement? Does she have to go to court or can it be avoided?

 

I realy dont know what to do next.

 

Thank you all for your helps.

 

Looking forward to hear from you...

 

Regards..

[The Mould]

Iceboy

 

Reading your posting here, I think that your sister needs to contend with the orally agreed terms, that is, the said written agreement would only be binding upon her if her child liked (felt or was comfortable) at the said school, the school accepted this condition - orally accepted this condition. Your sister needs the name of the school rep that this matter was discussed with.

 

What 'Term' does that agreement relate to - Summer, Autum, Spring or Winter?

 

Anyway, you had better file your defence quick, also your sister's husband should be named as a Witness in respect of payments made while in attendence.

 

Kind Regards

 

The Mould

[iceboy]

How can she file her defence?

 

Im not sure what to do next. Do we send letters or we just defend at the time of hearing? Or do we have to send files to court? Theres no date set for the court hearing yet!

 

How fo we know when is the hearing?

 

Thank you

[IdaInFife]

so tha basis of the defense would be that the 'agreement' itself was not that of the agreed terms and that the verbal terms were agrred by both parties.

 

I cannot help with the actual owrded defense but hopefully some that can give you and idea on how to lay it out might come along

[citizenB]

Can you please let us know what the date on the claim form was. .. your sister will find it in the top right hand corner of the claim form.. Date of Issue.

 

I have a sneaky suspicious feeling that you said the defence had to be submitted today !

 

The only dates you have given us is that it was received on the 15th December. If it was issued on the 10th then you should have submitted a defence on the 13th January..

 

If it was issued on the 15th then you should have submitted today.. !!

[iceboy]

Can you please let us know what the date on the claim form was. .. your sister will find it in the top right hand corner of the claim form.. Date of Issue.

 

I have a sneaky suspicious feeling that you said the defence had to be submitted today !

 

The only dates you have given us is that it was received on the 15th December. If it was issued on the 10th then you should have submitted a defence on the 13th January..

 

If it was issued on the 15th then you should have submitted today.. !!

 

It was issued on the 15th! Does that mean we are too late now? How can they expect us to defend ourselves without even knowing anything about what to do! She doesnt have money to hire a lawyer! Dont they send out guidelines before taking everyone to court first?

 

Is there anything i can do about it now? I dont even know how to file a defence! I know nothing at all! Oh God!...

[the_shadow]

It was issued on the 15th! Does that mean we are too late now? How can they expect us to defend ourselves without even knowing anything about what to do! She doesnt have money to hire a lawyer! Dont they send out guidelines before taking everyone to court first?

 

Is there anything i can do about it now? I dont even know how to file a defence! I know nothing at all! Oh God!...

 

Ok, whilst it may appear that the deadline has passed, the deadline is purely to determine when a claimant can file for summary judgement so if they are not quick enough you might get your defence in but you must send it tomorrow special delivery imho. the claim form you have been sent would have come with detailed instructions for filing a defence and these MUST be adhered to.

 

the basis for any defence is to answer what is put in the particulars of claim... so for each paragraph I would in your defence just counter each paragraph as best you can... your claim is an unsual one for this site so its difficult to advise tbh.

 

S.

[the_shadow]

Forgot to say, it might be worth ringing the court tomorrow to see if they have received an application for judgement by the claimant, if not then you have a small window of opportunity, if they have then you will probably need to apply to set aside the judgment when they get it and that would involve explaining to a judge why it was late and on what grounds you should be allowed a second bite of the cherry so to speak.

 

S.

[citizenB]

Sound advice from the shadow, iceboy.