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DCA chasing college funded nursery 'debt'

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Hi guys,

 

I wanted to get the opinion of members here as a relative is having a hard time and although I don't know the legislation, I'm pretty sure it's unlawful. Here's the situation:

 

My sister used a nursery for her daughter whilst studying at college, which was funded by a college program to encourage people to take up college courses. The program paid the nursery direct but still sent receipts to her. This ended about 4 months ago.

 

Last week she received a letter from a debt collection agency demanding payment of approx £1400.

This is alleged to be the cumulative shortfall between what the funding program paid and the nursery charged.

This was the first time she's heard anything of the issue at all.

 

 

She's questioned this over the phone and was told it was £220 per week, not the £160 she remembers (and the exact amount paid to them by the childcare funding.)

She's checked with the funding people and they have confirmed all payments were made by them to the nursery.

 

She requested a copy of the contract and they firstly told her they didn't have one,

then told her it was in the post,

then a week later when she called again

they gave her a different address to request it from.

 

 

Yesterday a single sheet arrived which they are calling the contract,

however apart from the intro blurb about who the nursery are etc, the monthly fee box is empty.

She has signed it, but it seems really strange to me as there's no terms on it. So she's signed to agree to nothing?

 

She also found a previous invoice sent to her after a payment was made, which states the monthly cost is the weekly value x 52 divided by 12.

Funnily enough this works out to be £160.

 

Does anybody have an opinion on this or know anything about contract law?

She's a single parent and debt collection agency letters really terrify her.

 

 

Any advice would be much appreciated

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Hi

Firstly, get her to check her credit file. It is my opinion that as this is nothing to do with credit as such, they won't have the right to mark her file accordingly.

 

I would contact the funding provider via a SAR to get all the info on your sisters account with them.

 

As for the DCA, you could ignore them OR you could send a photocopy of the previous invoice showing the workings out. If that doesn't shut them up, complain!


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tell her not to be afraid of the DCA

 

 

they ARE NOT BAILIFFS

and have

NO SUCH LEGAL POWERS.

 

 

me thinks someone is trying to fleece her here.

 

 

no signed contract

no money owed.

 

 

but the bottom line here is IF anything is owed

pay the nursery directly, never a DCA!

 

 

dx

Edited by Conniff
correct typo

please don't hit Quote...just type we know what we said earlier..

 

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