Claimform for unpaid Nusery Fees - Help

[dx100uk]

well you have 3 days then

better get your finger out!!

 

if the claimant has sent no paperwork

that your CPR requested that will be your WS content.

 

there are other nursery fees claims here

not sure if they have the basic layout eytc

[dx100uk]

http://www.ndna.org.uk/NDNA/Supplies/BFL.aspx

[Joaei]

I've seen this! I just don't understand how they can do credit checks (which they say) when nursery fees are paid upfront of the place and are not credit accounts?

[dx100uk]

they hold a CCL so they can...

 

there's obv something in the nursery T&C's you didn't read and were not told.

 

typically this is you cant just use it for 2 or 3 times, but you sign up for a term..

and this claim is for the remainder of that terms.. but which ofcourse you didn't use nor didn't need to.

[Joaei]

Ok so they have signed up to a term.

But I didn't sign a credit agreement as I paid upfront for her place

- I've read other nursery terms and nowhere can I see permission is granted for credit searches

[dx100uk]

its nothing to do with a credit agreement - its a contract for a term of use, you didn't complete the term, you broke the contract. thus you supposedly owe fees till the end of that term, thus a debt.

 

again - BFL are a debt collection agency employed by the nursery to collect this supposed debt, they hold a consumer credit licence so will use that to check your address so the claimant serves the claimform to the correct address.

 

when did you first ask for copies of the contract and it's T&C since receiving the claimform? and by what method, should have been by a CPR and this should have been mentioned in your defence their failure to provide this proof that you owe the supposed debt.

[Joaei]

Yes I asked for all the information they held on me including a signed terms and conditions, register of attendance, breakdown of fees and costs etc this was done as soon as the claim form was received as this was the first I knew about it

 

It was mentioned in my defence

[dx100uk]

how was this done please and to whom did you send it?

 

could we have a copy of the defence in a msg box here please

that will be the basis of your WS.

[Joaei]

I sent a copy to BFL by recorded delivery and have receipt and copy to nursery again recorded o

[dx100uk]

was this CPR compliant?

 

defence please

[Joaei]

Non compliant - I don't have access to my defence at the min as its on my mums computer - I will post it as soon as I can

[dx100uk]

its on MCOL can you not copy and paste it here

[Joaei]

I'm not sure what you mean - I've been sending things directly to the court not online

[dx100uk]

sorry in post 14 you said it was a moneyclaim order from northants bulk not Salford

so I wrongly assumed you had filed your acknowledgement and defence via the MCOL website.

 

please don't tell me you put an email address on the form you send back to CCBC

or on any letters you sent to the claimant or their dogs?

[Joaei]

My apologies I thought it was. No I didn't put an email address on but they had an old email address on nursery records but I don't use it anymore

 

I have checked that account though and they haven't sent anything to it

[dx100uk]

good keep an eye on it

it would not be unusual for these fleecers to file their WS to you via an email address to get around you seeing it before you have to file yours to court

 

they've had your info request since what date?

 

was this claimpack from Northants bulk or Salford court too please?

 

I have a feeling BFL cant act as solicitors in this instance

re:

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

someone is looking

 

cant find them on the FCA register

nor the SRA register.

 

need to see the POC verbatim from the claimform minus any per details please too

 

dx

[dx100uk]

when did consultants company become solicitors and this is just a wee look need to do a lot more digging.

 

write and ask BFL for their Solicitors Regulation Authority Registration Number so this can be verified here:

 

https://www.sra.org.uk/consumers/solicitor-check.page

[Gg84]

Hi, I can’t see the whole post,

I was chased by BFL solutions for my old nursery ‘debt’ they got in contact after the 6 years statue barred, which they were told to jog on (Aug 17)

 

my friend before Xmas they contacted her regards to the invoice she left (nursery was a rubbish hole put politely) again 6 year rules we fobbed them

Off with a statue barred letter!

 

They’ve gone for a Ccj?

BFL are a 3rd party that the nursery have either sold on to or another debt collector (they pay pennies in the pound for)

did you ever give the nursery notice of leaving?

Or have any receipts of payments?

 

I remember the nursery said yeah i’ll Give you a paid invoice later when I paid cash always pay nurseries via the bank

 

Sorry just before the 6 years like weeks before it was statue barred.

 

I gave them a mouthful anyway & I would counter sue for damages to my son (medical records show it all)

 

they piped down never heard off them again.

 

The alleged debt changed hands a number of times before it got to BFL originally was a ‘4 week notice’ for less than £100 to be bumped up over twice over ��

[stu007]

BFL Solutions Limited

 

Security House

Paper Mill End Industrial Estate

Birmingham

B44 8NH

 

Company Number: 09256338

 

FCA Interim Permission Number: Unknown can't find one

 

Data Protection Number: ZA112259 https://ico.org.uk/ESDWebPages/Entry/ZA112259

 

On searching the Law Society using postcode B44 8NH I can find no Solicitor registered at the above companies address:

http://solicitors.lawsociety.org.uk/search/results?Location=B44+8NH&Pro=False&Page=6

 

BFL Solution Limited are also registered member with the CSA: http://www.csa-uk.com/consumer/our-members/

Services: Consumer Debt Collection, Business to Business Debt Collection, Court Action, Tracing

 

Companies House link: https://beta.companieshouse.gov.uk/company/09256338

 

Endole link: https://suite.endole.co.uk/insight/company/09256338-bfl-solutions-limited

 

Bizdb link: http://www.bizdb.co.uk/company/bfl-solutions-limited-09256338/

 

Directors:

 

 

Mrs Joanna Victoria Price is a Director of BFL Solutions Limited but also a Director of

 

Positive Plus Solutions Limited, Company Number 09871071 same address as BFL Solutions

Endole Link: https://suite.endole.co.uk/insight/company/09871071-positive-plus-solutions-limited

 

Pingle Close Management Committee Limited, Company Number 03395884 different address

Endole link: https://suite.endole.co.uk/insight/company/03395884-pingle-close-management-committee-limited?page=overview

 

 

Mr David Lee Yeend is also Director of BFL Solutions Limited

 

Mr David Lee Yeend was a Director of Birmingham Financial Limited, Company Number 04296484, Dissolved 15th March 2016

FCA Interim Permission No. 647858, Lapsed

Companies House link: https://beta.companieshouse.gov.uk/company/04296484

 

(if some of the links take to to a search area, just copy and paste the company number into it for the link you tried)

Edited February 8, 2018 by stu007

[dx100uk]

great work stu

so they don't have any legal training and are not solicitors so ANYTHING they produce in court is totally worthless and cannot be used as any evidence???

 

andyorch or anyone if you are seeing this your thoughts?

 

dx

[SuperVillain]

BFL are not named on the claim form (see post #3), therefore there is a question as to whether they are on the record with the Court at all.

 

The question is who is conducting the litigation (that is the 'reserved legal activity') under the LSA 2007.

 

The nursery is the Claimant and the nursery can ask whoever it wishes to assist with the litigation (as the OP is doing here).

 

However if BFL are not on the record with the Court and will not be appearing at the final hearing to represent the Claimant (they have no right of audience anyway), then I don't think it will be deemed that they are 'conducting the litigation'. Maybe someone else's view will differ.

 

OP, did you receive a Directions Questionnaire from the other side (Court Form N180)? If so, whose contact details are listed on the first page? BFL or the nursery?

[Joaei]

Thank you everyone it is certainly giving me lots of information! Yes I did receive a directions questionnaire - nursery name but signed on behalf of nursery and issued by BFL