how do I dispute private school debt now with dc

[shan0161]

Hi I dont know if anyone can help but I dont know were to start on here. My daughter was able to attend private school as her grandparents paid most the fees after a month of being at the school I realised she wasnt happy and was being bullied by the other kids. I made the school aware that I was not happy and felf they did not put adequate measures in place to protect her ie none of the parents whose kids were involved were informed. She started the school in the september and I informed them she would be leaving at the end of the term December and not returning. The school through a debt collection agency are demanding a terms worth of fees, you normally have to give a terms notice before leaving, this could not be the case as for one she was not even there a term at the time i told them she was leaving and two i feel they did not stick to their end of the contract ie their duty of care. I no longer have contact with my daughters father or grandparents and so can not afford to just come up with £2400. Any help would be appreciated. Can I take this to cc myself? Can I get legal aid for this? thanks

[ScarletPimpernel]

Who signed the contract with the school?

[shan0161]

Hi I dont know if you can help but I dont know were to start on here. My daughter was able to attend private school as her grandparents paid most the fees after a month of being at the school I realised she wasnt happy and was being bullied by the other kids. I made the school aware that I was not happy and felf they did not put adequate measures in place to protect her ie none of the parents whose kids were involved were informed. She started the school in the september and I informed them she would be leaving at the end of the term December and not returning. The school through a debt collection agency are demanding a terms worth of fees, you normally have to give a terms notice before leaving, this could not be the case as for one she was not even there a term at the time i told them she was leaving and two i feel they did not stick to their end of the contract ie their duty of care. I no longer have contact with my daughters father or grandparents and so can not afford to just come up with £2400. Any help would be appreciated as have a 3month old baby worry of doorstep collectors is getting to me

[BRIGADIER2JCS]

Hi, What a nasty situation, which debt collection agency

is chasing you, and do you know if they are ''acting'' for

the school or have bought the alleged debt.

IMO this is a cowardley way of trying to avoid complaints from

you regarding the schools standards of pastoral care, a modern

school must have adequate systems inplace to deal with bullying.

Please be aware that these dorstep collectors have no legal rights

what so ever, they cannot seize goods or enter your home.

My first suggestion is a simple letter to the DCA on the lines of:

 

Ref::: xxxxxxx

I do not acknowledge any debt to you or any company you

may claim to represent.

You have written to me regarding a debt allegedly owed to

xxxxx for £xxxxxxx.

I do not accept any liability for this alleged debt which is disputed

in it's entirety, I suggest you return the matter to your client fortwith

as I will not be corresponding further with you.

 

Then raise a FORMAL COMPLAINT with the management/ owners

of the school regarding your concerns about their skill or lack of in

dealing with serious bullying.

If you need help with the complaint let me know.

BTW which DCA is ''on the case''?

[cerberusalert]

Two threads merged.

[shan0161]

Hi thanks for replies, the agency is final demand ltd, the debt was with another company before and I sent them a similar letter to that stating I basically was forced to pull her out the schoo due to bullyingl, therefor am not liable to pay a terms notice and am willing to go to court to plead my case, after that I did not hear from that company again, it must of been passed back to the school or to this new agency. I did formally complain to the school but I think because its private they can get away with alot more interms of policies etc. I am taking liability for the months notice that I gave them wich is £400 in fees and offered the last company £50 a month to clear this but as I said I then heard nothing back. I found a letter in theCAG libary should I send this?

 

I signed the contract.

 

 

Thank you for your letter of 20−12−2011. I am very disappointed that I seem unable to reach a satisfactory compromise in this case.

 

As I have already explained to the previous collection agency I do not owe £2025.00 The school in question failed their duty of care and therefor made the contract void and forced me to take my child out of the school only giving a months notice instead of thge required 4 months. I do however owe the months notice that I gave wich is £400 I can only afford £50 per month at the present time. This is the only realistic payment proposal bearing in mind the enclosed personal budget sheet.

 

You have stated in correspondence your intention to commence proceedings with doorstop collectors and in the county court against me. The commencement of legal proceedings under such circumstances could be counter to the ‘Overriding Objectives’ of the new Civil Procedure Rules. You will be aware that the Overriding Objectives underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre−action protocol, the court will expect the parties "to act reasonably…….. In trying to avoid the necessity for the start of proceedings".

 

I would suggest that your refusal to accept our offer could be viewed as unreasonable and I would ask the court to consider this matter with reference to the Overriding Objectives.

 

The offer of £50 pcm to clear the months fees that are duefully owed is of course still open to you to accept.

 

Yours faithfully

[ScarletPimpernel]

We have dealt with Final Demand Ltd on CAG before. Have a read of this thread to see what they're like. Keep your offer to pay what you think is owed until the school has investigated your complaint properly.

 

I'd send them something like this:

 

Dear Curs

 

I refer to your letter dated xxxxx.

 

Take notice that I dispute the alleged debt. Your client, (school name), are aware of the nature of the dispute, but have failed to respond to same.

 

I am aware that the Office of Fair Trading, in its Debt Collection Guidance (compliance with which is mandatory for holders of a consumer credit licence), requires all collection activity to be suspended in these circumstances. Accordingly, no further correspondence will be entered into with you until the dispute is resolved, and any contact from you in the meantime will be construed as harassment and reported accordingly.

 

Yours etc.

[moaning myrtal]

Have you asked for and gone through and followed the school's written complaints procedure? If you haven't, you must do so as soon as possible. Usually this will be a written complaint (try not to be emotional and belligerant) to the head teacher of the school in the first instance in which you will carefully details your complaint and thus the reason for withdrawal and disputing the requirement to pay a term's fees in lieu of notice to which you will receive a written reply. If you do not receive a written reply or are not happy with the reply you receive, you should write back saying so and escalate this further up the line - usually to the governors. An independent panel hearing will be arranged at which you can state your case and the panel will consider whether it considers you have grounds to dispute the fees in lieu. Be prepared for the school being robust about your claims.

 

The panel may decide that they agree you should not pay the fees in lieu. If they do not it will be up to you to defend in due course a county court claim for the fees. A court will look carefully at whether they consider you have a claim - they will look at how your complaint was dealt with and will look at the notes from the hearing etc.

 

In any event you can deal with the debt collectors in the ways already suggested saying that the matter is in dispute with the school - make suire it really is in dispute formally with the school though. This would have any judgement set aside if it got that far, or leave them having to deal with your defence. It may be worth writing to the school direct with an offer to pay £400, without prejudice, in the terms you have stated (£50 per month) enclosing the first payment. This could form part of your complaint letter.