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mr1967

SD for school fees from redwoods - help? - ** RESOLVED **

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You still need to respond to the statutory demand.

Ask your local County Court if they deal with these matters,

perfectly acceptable to telephone them with this enquiry.

 

If you do not dispute the debt claimed by the school ( i.e. no excessive and disproportionate charges or fees added thereon) ,

then you need to make the Court aware of your very reasonable efforts to offer the school a repayment plan

towards this debt with a view to a reviewof the same every 3 to 6 months.

 

In the light of the above, you consider that your efforts to repay this debt are reasonable and that theschool is acting unreasonably

on the same and that the school’s statutory demand as regards this debt ought to be their last port of call rather than their first to this Court.

 

State that you have been in constant communications with the school by way of written correspondence

and at no point have you ever denied the debt or made any attempt to get out of paying the same.

 

State that you consider your repayment proposals to be both reasonal and realistic given the unforeseeable change in your personal circumstances

and that you believe that the school is acting in an unreasonable manner towards the same and your clear efforts to resolve the same.

 

In the light of the above, you consider the school’s action of issuing a statutory demand upon you to be

an abuse of process and wholly unreasonable and you respectfully request that this Court do set aside the same in the light

of your reasonable offer to repay the amount claimed and your continued tremendous efforts to engage the school

in discussion with you with a view to consider your reasonable offer to repay the amount claimed.

 

By the way, send all your correspondence as regards your offer to repay, direct to the school.

 

Kind regards

 

The Mould

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I have been referred to this site and told there are som great people who can help me?

 

In short, my income has been hit by the credit crunch since 2009 and since we have run into all kinds of difficulties. Our house was repossessed in the summer wirh an outright repossesion order. We were able to clear the arrears and have been up to date since so the mortgage company has agreed in writing not to enforce as ling as payments remain up to date.

 

This morning we received a statutory demand under section 268(1)a relating to £25k we owe. This is for school fees from when we had money and adverse circumstances and has been issued by the school through Redwoods. The school has been very patient with us and my understanding was that Redwoods would look to arrange a payment plan with us. I would like to get some answers to the following:

 

1. Does this mean they have filed for bankruptcy? This is an official document but not from the court. There is also no court date given, although the local court is mentioned.

2. We have been given 18 days to respond from the date of service, which is 14th October. This only gives us 6 days to respond, so can we contest why it took so long for us to receive the letter?

3. Given that an outright repossesion order is in place, would Redwoods be able to bankrupt us and enforce sale of the property? Surely the mortgage company have priority on this?

 

Any helpful information would be gratefully received. Thanks, D

 

You ought to argue also that you were not provided with the 18/21 days to respond to this statutory demand

and that it was served on you on 14 October 2013 and therefore only allows you 6 days to seek legal advice thereon

and prepare and file and serve your response to the same.

 

 

You consider that this action of the creditor prejudices your right to a proper opportunity pursuant to the insolvency rules

to oppose this statutory demand as insufficient time has been allowed,

in this regard, and in the light of your reasonable offer to re-pay the debt,

you respectfully request that this statutory demand be set aside.

 

What were the terms of the contract which you entered into with the school Please?

 

Kind regards

 

The Mould

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You ought to argue also that you were not provided with the 18/21 days to respond to this statutory demand and that it was served on you on 14 October 2013 and therefore only allows you 6 days to seek legal advice thereon and prepare and file and serve your response to the same. You consider that this action of the creditor prejudices your right to a proper opportunity pursuant to the insolvency rules to oppose this statutory demand as insufficient time has been allowed, in this regard, and in the light of your reasonable offer to re-pay the debt, you respectfully request that this statutory demand be set aside.

 

What were the terms of the contract which you entered into with the school Please?

 

Kind regards

 

The Mould

 

The contract with the school was basically fees paid at the start of each term or monthly via term time credit. Notice period was one term. Not sure that we have a lot of scope to argue anything here...

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The contract with the school was basically fees paid at the start of each term or monthly via term time credit. Notice period was one term. Not sure that we have a lot of scope to argue anything here...

 

Then as you have no Defence recognised in law to defeat this statutory demand,

I would repeat my advice/opinion that you ought to make a reasonable repayment offer

(in the amount that you have mentioned here £300.00 to £500.00 per month ) direct to the school, not their sols acting,

with a view that the same is subject to reviewevery 6 months.

 

State that if your offer is not accepted, you reserve your right to disclose the contents herein to the Court

and you believe that the Court will find that any such refusal of them as to your reasonable repayment

offer of this debt claimedby way of these proceedings, which out to be and are expected to be acreditor’s last resort,

to be unreasonable and the Court may, in or, if these such circumstances it does indeed consider

that you have not exhausted all and any other avenues to recover this debt

or not made any effort to engage in discussion with me/us with a view tomake an effort to reach a resolution

that is satisfactory and suitable to bothparties, ,

 

 

make an Order that your statutory demand is an abuse of process in respect of debt collection practices

and set the same aside and Order that you accept my reasonable repayment offer.

 

I sincerely hope that you will accept my reasonable repayment offer stated herein, failing that,

I would sincerely hope that we can reach acomprise agreement in respect of the monthly repayments

towards this debt thatis suitable to both of us parties.

 

We lookforward to hearing from you shortly and express our gratitude to you in advance for your consideration and attention tothis important matter.

 

Yoursfaithfully (sincerely if you know the name of addressee)

 

Mr &Mrs xyz

 

Kindregards

 

The Mould

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Thanks Mould, so should I send this letter to the school even though they haven't yet responded to my original offer? Also, the 21 days on the SD is up on Friday 15th - do I need to respond to the court or do anything in that regard?

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Hi, we got a response back from the school and thankfully they have agreed to our proposed payment plan and have confirmed that they will take no further action against us. Many thanks to everyone who has offered advice. :-)

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Hello there.

 

I'm pleased you have an outcome that you seem to be happy with. Thank you for letting us know, I'll amend your thread title. :)

 

My best, HB


Illegitimi non carborundum

 

 

 

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