Claimform for unpaid Nusery Fees - Help

[Joaei]

Two years ago my daughter attended a nursery and we withdrew her as we wernt happy with her care.

Paid for the three months she attended and thought nothing more.

Roll on two years later and a letter arrived demanding £2900 or court action would be taken.

 

Obviously I sent an information request letter and disputed the debt.

The debt was additionally claimed against my ex husband who I had not been married to for 7 years and was not the child's father!!!

 

A day later (dated by paperwork a day later too) I received court papers to both of our names to my address.

Angry wasn't the word!

 

Filled in the relevant court papers with a defence and have a court date coming up in February.

Following submission of my defence and a letter to the court my ex husband has been struck off the claim.

 

However, I had sent emails to the nursery asking for details of the claim and other emails intended for sole use to them

- these were sent in full to a third party who knew me

 

they phoned, discussed my account and then sent all the details of my account and all my details to them even though they had nothing to do with it!

 

So on my court claim

I have listed a counterclaim for costs as a litigant in person and breech of data protection.

 

I would appreciate any advice on this.

I'm also very upset they have not responded to my data request and have done a credit check on me without my permission.

 

As nursery is paid upfront for the place and no credit takes place is this allowed?

 

Also the DCAs are allegedly representing the nursery but the case is in the nursery S name.

 

The other thing is my daughter went for 2 months (I paid for 3) and each month the bill was £200

- so how could the debt be now nearly £3k even if not paid (which it was)!!!

 

Advice appreciated

Edited February 3, 2018 by dx100uk
post above spaced with paragraphs from one block of text.

[dx100uk]

thread retitled and moved to the General Legal forum.

 

who is the claimant

who are the solicitors

[Joaei]

The claimant is the nursery and there are no solicitors they are a debt collectors but not listed on the claim form

[dx100uk]

name them

[Joaei]

They are definitely a debt collectors and nursery is a local nursery

[dx100uk]

name the debt collectors please

[Joaei]

Bfl

[dx100uk]

thought it might be..

https://www.consumeractiongroup.co.uk/forum/showthread.php?480616-BFL-solutions-LTD-old-nursery-invoice/page2

[dx100uk]

I don't think LIP costs nor DPA issues are a viable counterclaim just over complicates things.

 

so what defence did you file

and what did you put in your witness statement?

did you get a copy of the contract and their T&C's out of the claimant?

[Joaei]

Filed a limited defence staring I could not make a full defence based on the fact they would not provide me with any details and no I haven't got anything from them at all

 

I filed a defence stating I could not file a full defence because they failed to provide me with any details and this was a disputed claim.

 

No they never sent anything at all so haven't got any terms and conditions etc off them

[dx100uk]

no claim then.

 

so what stage is the claim at ?

 

done N180's yet?

 

and have you exchanged witness statements yet?

[Joaei]

Court date been issued and limited defence submitted but nothing else yet as I wasn't sure what to do.

 

Oh the N180 is the directions questionnaire?

Yes this has been submitted and allocated to small claims

- sorry for my lack of knowledge first time doing anything like this

[dx100uk]

was the claimform issued by northants bulk or Salford?

[Joaei]

Northants bulk centre

[dx100uk]

good can you complete this for me?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[ericsbrother]

Northants=online claim form

 

OK, WHO issued the claim, the nursery or someone else on behalf of the nursery.

 

If someone else who exactly as they must be a solicitor on the SRA roll and you can look that up.

 

If they arent then a letter to court pointing out that the form is signed by someone without locus standi and ask for the claim to be struck out.

 

The nursery wont have sold the debt on because they havent followed the correct procedure.

 

again something to put in your letter regarding who signed the claim if applicable

[Joaei]

Thank you. The claimant is the nursery but it was signed and issued by BFL. I will try to look this up is if a case of a Google search?

[dx100uk]

link post 15 please

[Joaei]

Name of the Claimant ? Xxx nursery (signed by and submitted by BFL Solutions)

 

 

I have submitted a limited defence in the timescale

 

What is the claim for – nursery fees £430 (2 months)

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? One letter received same day as claim issued

 

What is the value of the claim? £2900

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Nursery Fees

 

When did you enter into the original agreement before or after 2007? After

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claimant original but registered by BSL on their behalf

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/a

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Didn't I had paid in full and no idea about it or agree any amount owed

 

What was the date of your last payment? May 2015

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management No

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA Request to the claimant for a copy of your agreement- done and ignored

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts - done

[dx100uk]

what was the date of the claimform and have you a court date yet?

[Joaei]

Claim form 20th Jan and date of court is 23 Feb

 

Not sure where the £2900 has come from because fees were nowhere near that

- have they just made up a figure?

[dx100uk]

and you have to exchange witness statements?

[Joaei]

Excuse my ignorance but by witness statements do you mean the evidence I will rely on in court?

[dx100uk]

on your notice of allocation regarding the 23rd

does it not say you and the claimant must exchange witness statements by 14 days before the court date>?

[Joaei]

Yes