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Hi There,

 

Looking for some information really.

 

My partner received a Claim Form from County Court Business Centre the Claimaint is my son's nursery.

 

Particulars of Claim:

 

Unpaid Nursery fee's

 

Miss XXX has received 4 letters from us requesting that her or her partner to contact us about the arrears and late payments.

 

Both Miss XXX and her partner avoid having any communication with office and attempts to intercept their speedy departures is unsuccessful as they refuse to engage in any discussion about non-payment.

Both parents are working.

 

Now yes both my partner and I are working.

 

We've received 2 letters from the nursery regarding arrears in Nursery fee's

however the statement they've tried to intercept our speedy departure and avoid communication is a total lie.

 

The person who has submitted the claim (the owner) is rarely there.

 

I myself used to collect my little boy after work and in the 3 month's he's been there I've seen this lady twice.

 

We did indeed fall into arrears due to issues with our cars to which I myself spoke with another lady (management) in the office

and verbally agreed payment plan to which we were sticking too.

 

I got an email last monday morning saying they've withdrawn his place with immediate effect

and legal action has been taken to recover the money.

 

I've emailed this lady back twice with no acknowledgement whatsoever

reaffirming my concerns about her comments on the claim form

and to remind her that I've spoken with another colleague.

 

The problem my partner and I have now is that we've to relocate our son's nursery setting

therefore the money we'd set aside to pay the previous one has gone due to paying his new nursery.

 

The MCOL form states we must provide my partners.

Not both just my partners financial particulars incoming and outgoing and send to the claimaint.

 

I guess sending this recorded post is the only sure fire way of proving we've done it incase she decides to escalate the case.

 

Sadly we now can only afford around £7 per month back of a debt she's claiming of £1199

 

Any guidance on how to proceed would be gratefully received.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can you provide answers to the questions in the link that dx has posted above.

 

You would only need to provide that income and expenditure details if you are going to admit the claim and not offer a defence.

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IF you make even a partial admittance it is likely you will have a judgement and ccj awarded against you.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi there,

We owe the money we don't deny this.

 

Just not had the opportunity to discuss a payment plan with the owner

she's just gone straight in with the MCOL form

 

I thought she would of needed to have gone through a DCA but guess I'm wrong there.

 

Now that we've had to pay out for another nursery setting this is the reason why we can only afford around £7 per month off the debt

 

We do want to defend the claim by stating that we've tried to communicate via email to which I have copies of and we've had no acknowledgement to these either.

 

Never refused to pay the monies owed just haven't had the money to pay all in one go

 

now I fear that this will be a long drawn out process causing us misery because the company won't agree a payment plan and with having to get son into another childcare setting it's made things worse

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Hello there. I expect people will be along later with advice for you. But you need to fill in the information requested in the link in post #2 before they can help.

 

HB

Illegitimi non carborundum

 

 

 

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Hi There,

 

I've received a MCOL form from my son's nursery to which they've withdrawn his place.

 

Placed him a new settings but received a MCOL Claim Form from the previous nursery demanding over £1,000.

 

I don't dispute this but requested time to pay but this was refused

 

. I've filled out the admission section and due to post it back to them today.

 

Advising what I can afford each month.

 

Two simple questions:

 

1) Can they refuse my offer of payment given I've detailed all incomings and outgoings?

 

2) Can they try to obtain money from my partner as it's his son too. We live together but as already mentioned the claim was sent in my name.

 

Any help would be greatly appreciated as due to deadlines need to get this off today.

 

P

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Threads merged

Please keep to one thread

 

Last time of asking

Can you please fill out the questions of the link in post 2

And post your answers back here

So we have the info to be able to help you

 

And I would not admit the claim

 

Defend all on mcol website

 

Dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi There,

 

I've received a MCOL form from my son's nursery to which they've withdrawn his place.

 

Placed him a new settings but received a MCOL Claim Form from the previous nursery demanding over £1,000.

 

I don't dispute this but requested time to pay but this was refused

 

. I've filled out the admission section and due to post it back to them today.

 

Advising what I can afford each month.

 

Two simple questions:

 

1) Can they refuse my offer of payment given I've detailed all incomings and outgoings?

 

2) Can they try to obtain money from my partner as it's his son too. We live together but as already mentioned the claim was sent in my name.

 

Any help would be greatly appreciated as due to deadlines need to get this off today.

 

P

If you admit to the debt you WILL get a CCJ against you

They will be able to transfer it to a high court writ then HCEO will be knocking at your door

 

If they do get judgement does not mean they get their money but will trash your credit file

You need to either pay in full to avoid a CCJ

or defend the claim

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Thread moved to the correct forum.

 

Regards

Andy

We could do with some help from you.

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1) Can they refuse my offer of payment given I've detailed all incomings and outgoings?

If you complete the form N9 with details of your incomings/outgoings, the court will set monthly payments.

 

2) Can they try to obtain money from my partner as it's his son too. We live together but as already mentioned the claim was sent in my name.

No, if it is only your name on the claim form.

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  • 2 weeks later...

Hi there, Apologies to other posters for not getting the claim form posted.

 

We submitted the form and admitted to all of the claim.

 

We didn't fill out, admitted, all of the claimform

 

it has been sent back to us stating that we didn't put my income down too

 

they have evidence that all fee's were paid from my bank account and not my partners

 

they will be presenting the evidence to the court as they have told them this verbally and will confirm this to them in writing.

 

What I need to know is.

 

Is this possible?

 

The fact that the said company have issued a claim form in my partners name

 

can the court pursue me for fee's given it is my partners name on the claim form.

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As you have admittedto this you will now have a county court judgement against you

This will show on your credit file for 6 years unless you pay it in full within the next month

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Thanks for that.

 

Just with them saying they have proof that payment have been made to them via my bank account

and they will send this evidence to the courts as they've told them verbally about this

 

was wondering whether when it reaches court will the claimaint be able to obtain more money

 

the fact we live together or can the judge only obtain money from the defendant.

 

Guess what I really want to know is:

 

--> My name is not on the claim form however it was on the contract that my partner signed when son joined nursery. Partners signature not mine.

 

--> Claimaint states that they have proof payments have been made with my bank account and not partners

they will tell them my partner has not disclosed truthfully her income and expenditure.

 

Now we added partners wage up and spilt all bills equally 50/50 and it turned out we could pay £50 per month.

They state they intend to counterclaim as they want payment in full.

 

Just wanted to know can I be brought into this in anyway or are they just trying scare tactics before it gets to court? Thanks

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why did you admit the claim.?

 

 

madness

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just with them saying they have proof that payment have been made to them via my bank account and they will send this evidence to the courts as they've told them verbally about this.

If they want you to be liable, they would need to bring a separate claim against you, and pay the court fee for that.

 

I don't think the fact that payments came from your account makes much difference. The only relevant question is who the nursery's contract was with. If your partner was the only person to agree to that contract, only he should be liable for it.

 

If they are chasing you ask them where your name is on the court order they have; and where your name is on the contract.

 

the fact we live together or can the judge only obtain money from the defendant.

As the claim was only brought against your partner, the judge can only make an award against him. However the fact that you are both earning a salary may be taken into account when setting his monthly payments.

 

--> Claimaint states that they have proof payments have been made with my bank account and not partners

they will tell them my partner has not disclosed truthfully her income and expenditure.

 

Now we added partners wage up and spilt all bills equally 50/50 and it turned out we could pay £50 per month.

They state they intend to counterclaim as they want payment in full.

They can't get blood from a stone. I assume you've filed the admission form which asks for time to pay. If so, let them take it to the judge at the hearing

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Partners name was on the contract but there is only the court order in my name. I dont so understand where he/she can take into account my partners salary if the claim is made against me and not both

 

I imagine living with a partner means your expenses are a bit lower because they are shared. For example, if he pays half the council tax you pay less council tax than a single person.

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Yes on the claim form I put all family expenses on the claim form and divided into half and put that down. I signed the nursery contract. Although my partners name is on the contract he didnt sign anything. They have:

 

--> Both names on the contract with my signature

 

--> My name on MCOL Form and not partners

 

Guess the answer I'm looking for is: Can the judge demand to see partners income if my name is only on the MCOL form despite payments to nursery coming from Partners account

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For any judge to look at income it would go back to court for a means test\ hearing

 

All that will happen now if payments are not forthcoming it will be passed on for enforcement

 

Seams to me you are shutting the gate once the horse has bolted

We did say to defend all but you have not done so

They have a CCj now

Too late for arguing it as you admitted to it

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Whilst I appreciate I've come here to help my initial thoughts on the whole MCOL saga is that I owe the money.

 

I can't defend a claim knowing that I owe the money and they would have proof of this therefore I admitted to the amount owed.

 

Foolishly I didn't scan the form online before I acted but yes i've shut the gate after the horse has bolted

 

however I was after general advice based on other experiences to see if anyone has expereince with this and can the courts demand my partners income if his name is on the contract although he's not signed it and the MCOL claim form is in my name only

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